What Happens If My Minor Child Suffers A Personal Injury In Alabama?

May 29, 2026 - Personal Injury by Cross & Smith

Personal injury is a legal cause of action that arises when someone is injured by the negligence or wilful misconduct of another. These types of injuries can include car accidents, accidents on the premises of others, and other harms. In order to bring a personal injury claim, the injured person – known either as the plaintiff or claimant – must prove the following:

• The person responsible for the harm – also known as the defendant – had a duty of care to the plaintiff
• The defendant breached the duty of care
• The breach of the duty of care caused the harm
• The harm is compensable

As to the first and second elements, it is generally the case that people have a duty of care to avoid harming others, whether when operating a vehicle, maintaining their premises, or acting as a physician or other type of caregiver. As to the third element, the plaintiff must show that the failure to meet the duty of care was directly responsible for the harm. In order for an injury to be compensable, the plaintiff must establish that he or she suffered actual damages that are more than de minimis. 

Damages which may be recovered by a plaintiff who is able to prove those four elements of a personal injury case include the following:

Economic damages: These damages are considered compensatory. A plaintiff may recover out-of-pocket costs and expenses, including medical expenses, past and future lost wages, damages for property losses, and similar damages. These can be calculated by analyzing medical bills, invoices, and other objective documentation. 

Non-economic damages: These damages are also considered compensatory, but they are harder to quantify than economic damages. These may include pain and suffering, infliction of emotional distress, loss of companionship and consortium, disfigurement and physical impairment, and loss of enjoyment of life. Most of these non-economic damages are inherently subjective, making it challenging to calculate a fair and consistent monetary value.

Because of their subjectivity, non-economic damages can be proven through medical records, psychological evaluations, plaintiff and family-member testimony, and expert testimony.

Punitive damages: Alabama allows victims of serious injury to seek punitive damages in cases of extreme wrongdoing. It’s important to note that these are not granted in most, or even many, cases. The plaintiff must show malice, intentional misconduct, or reckless conduct by the defendant. The specific purpose of punitive damages is to send a message that the type of conduct in question is reprehensible and will not be tolerated. If you are likely to be entitled to punitive damages, your Tuscaloosa personal injury attorney will so advise you.

It’s critical to note that Alabama has a particularly harsh contributory negligence rule. Specifically, if you played any role at all in your injury, even less than 1%, you will be barred from recovering any compensation from the defendant. For this reason alone, it is generally advisable to obtain legal counsel from a Tuscaloosa personal injury lawyer.  In addition, even if you were not deemed negligent in your personal injury, you have a legal duty to mitigate your losses. Thus, you must promptly get medical care, follow the medical directions you have been given, and take other steps necessary to mitigate the financial consequences of the harm you suffered. 

Like most states, Alabama has a two-year statute of limitations. This means that, in most cases, you have two years from the date of your accident or injury to bring a claim against the at-fault party. 

What to Expect if Your Minor Child Suffers a Personal Injury in Alabama

Unfortunately, many children suffer personal injuries through the negligence of other parties. What happens in such a case? The two-year statute of limitations does not apply to minors. Specifically, the statute of limitations does not begin until the child turns 19. At that point, the child or his or her parent has until the child is 21 to file a claim, but not more than 20 years from the time of the injury. 

Alabama law states that married parents have equal rights to file a lawsuit for a personal injury suffered by their child. If the parents are not married, the legal custodian has the right to pursue the claim. Note that in certain cases, the court may decide to appoint a so-called “guardian ad litem” to represent the minor plaintiff. 

In most cases, a judge will hear and evaluate testimony from parents or legal guardians, and review all pertinent documentation related to the personal injury. If the judge deems the settlement in the best interests of the child, it will be approved. Parents can be reimbursed for medical and other expenses they paid for the child, but otherwise the money is to care for or compensate the minor child. At the hearing, the judge may:

• Determine that the settlement is fair or unfair
• Adjudicate attorneys’ fees
• Reduce or adjudicate liens, such as the child’s medical liens
• Address healthcare provider bills or insurance bills or liens 

Note that the court does not need to review and approve settlements where the value of the claim is $5,000 or less. These smaller minor claims can be handled through claims limitation forms and other attorney-drafted agreements. 

Contact Cross & Smith Today for Immediate Assistance

It’s important to note that the situation when a minor is involved in a personal injury claim has additional complexities which are not addressed herein. For example, a child has the legal right to disclaim the settlement upon adulthood. Because of these complexities, it’s important to hire a Tuscaloosa personal injury law firm that can help you navigate the legal obstacles while also recovering the maximum compensation for your child’s injuries. Here at Cross & Smith, we have obtained excellent results for our clients and are committed to your satisfaction. Contact us for a no-obligation case evaluation to see how we can help you with your personal injury case.