When a child is injured in Delaware, the legal process differs from adult cases in important ways. Tolling of the statute of limitations for minors, court approval of settlements, structured payments, and special considerations for long-term effects all come into play. Schuster Jachetti LLP has experience handling Delaware child injury claims with the care these matters deserve.
How Children Are Commonly Injured in Delaware
- Auto crashes (as passengers, pedestrians, cyclists)
- School and daycare incidents
- Playground falls and equipment failures
- Swimming pool drownings and near-drownings
- Dog bites
- Defective products and toys
- Sports and recreation injuries
- Medical malpractice including birth injuries
Tolling of the Statute of Limitations
Delaware generally tolls the statute of limitations for minors under 10 Del. C. § 8127. The clock typically does not begin running until the minor reaches the age of majority (18 in Delaware), giving the minor until age 20 to bring most personal injury claims. This rule does not apply to all claim types and has important exceptions, including medical malpractice cases under 18 Del. C. § 6856 which has its own minor-specific provisions.
Court Approval of Minor Settlements
Settlements for minors generally require court approval to ensure the terms are fair to the child. The court reviews the settlement amount, attorney’s fees, and the plan for managing settlement funds. Funds may be placed in protected accounts, structured settlements, or special needs trusts depending on the child’s circumstances.
Special Considerations in Child Injury Cases
- Future medical needs may extend across decades
- Lost earning capacity is harder to project for young children
- Educational and developmental impacts must be assessed
- Pain and suffering damages may reflect a lifetime of consequences
- Parents may have separate claims for medical bills they paid
- Loss of consortium claims by parents
Who May Be Liable in Child Injury Cases
- Other drivers
- School districts and daycares
- Property owners (attractive nuisance doctrine)
- Product manufacturers
- Healthcare providers
- Other adults responsible for supervising the child
Damages You May Be Entitled To Recover
- Medical expenses, past and future
- Future earning capacity
- Pain and suffering
- Disfigurement and scarring
- Educational and rehabilitative costs
- Parents’ separate damages where allowed
Steps to Take After a Child Injury
- Get prompt and complete medical care
- Document the injury with photos at multiple stages of healing
- Preserve any defective products or equipment
- Request incident reports from schools, parks, or facilities
- Gather witness contacts
- Avoid posting about the case on social media
- Consult a Delaware child injury lawyer to discuss timing and approach
Frequently Asked Questions
How long do I have to file a Delaware child injury claim?
Generally the minor’s two-year period is tolled until they turn 18 under 10 Del. C. § 8127, but exceptions apply, especially in medical malpractice cases under 18 Del. C. § 6856.
Will the court need to approve our settlement?
Yes. Settlements involving minors generally require court approval in Delaware to protect the child’s interests.
Can parents sue for their own losses?
Parents may have separate claims for medical bills they paid and, in some cases, loss of consortium with the injured child.
What happens to settlement money for a child?
Funds are typically placed in protected accounts, structured settlements, or trusts approved by the court for the child’s benefit until adulthood.
Related resources: medical malpractice, auto accidents, premises liability, dog bites, attorney Joseph M. Jachetti, and our Wilmington office.
Talk to a Delaware Personal Injury Lawyer
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.