Few experiences match the fear and grief of seeing a child suffer a serious injury. Beyond the immediate medical concern, parents face decades of caregiving and the responsibility to protect the child’s legal rights. This page outlines what Delaware law generally provides for these cases.
The Detailed Answer
Who Brings the Claim
A parent or guardian generally brings the claim on the child’s behalf as next friend. The child is the real party in interest, and recoveries belong to the child — not the parent — though parents may have separate claims for medical expenses they paid on the child’s behalf.
Tolling for Minors
Delaware generally tolls personal injury limitations for minors. Under 10 Del. C. § 8116, the claim generally does not bar until 3 years after the minor reaches age 18 — meaning until age 21 — though specific facts can affect the analysis. Despite this, waiting is generally a poor strategy: evidence fades, witnesses move, and care needs are most effectively documented while still recent.
Lifetime Damages
Children with catastrophic injuries often have the longest projected damages of any injury cases because:
- Life expectancy is the longest at the time of injury
- Care needs span the entire adult life
- Loss of earning capacity reflects an entire never-developed career
- Educational, developmental, and psychological needs add additional categories
A life care plan is essential.
Court Approval of Settlements
Settlements involving minors generally require court approval in Delaware to protect the child’s interests. Funds are often placed in structured settlements, court-supervised accounts, or special needs trusts depending on circumstances.
What This Means for Your Case
Childhood catastrophic injury cases call for both rigorous documentation and protective planning. Parents may also have related claims and should not assume their interests align perfectly with the child’s. See our catastrophic injuries overview, as well as resources on spinal cord injury and paralysis. Joseph M. Jachetti has experience handling complex injury matters.
Related Questions
Q: Are parents’ medical bills recoverable?
Yes. Parents who paid medical expenses on the child’s behalf generally have a separate claim for those expenses.
Q: Should I wait to file?
Although the statute of limitations is tolled for minors, waiting risks loss of evidence and witnesses. Early investigation is generally advisable.
Q: What happens to the recovery when the child turns 18?
It depends on how the settlement is structured. Court-approved structured settlements, custodial accounts, and special needs trusts each have different transition rules.
When to Talk to a Delaware Catastrophic Injury Lawyer
Cases involving an injured child require careful planning at every stage. A Delaware catastrophic injury attorney can help protect the child’s long-term interests.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.