Car accidents involving teenage drivers raise pressing questions for Indiana families, especially when the teen is the one who suffered an injury. One of these concerns is whether your child needs to file a lawsuit by themselves.
Does Indiana allow teens to file injury claims?
Under state law, anyone under the age of 18 generally lacks the legal capacity to file a lawsuit on their own. This restriction applies to personal injury claims the same way it does to contracts and other civil matters. Instead, a parent, legal guardian or court-appointed representative, referred to as a “next friend” must initiate the claim on the minor’s behalf.
Indiana courts may also need to approve any settlement negotiated on a minor’s behalf. This judicial oversight exists to protect the teen’s financial interests and to prevent agreements that may not reflect the full extent of their injuries or long-term needs.
What type of compensation can a teen receive?
A teen injured in a collision is eligible to receive the following, depending on the circumstances of the crash:
- Anticipated future medical care extending into adulthood
- Pain and suffering reflecting the physical discomfort and emotional distress caused by the injuries
- Lost future earning capacity stemming from injuries serious enough to affect your teen’s ability to work later in life
Your child remains the named injured party, and any compensation awarded is intended to address their individual losses (you typically maintain a separate claim to recover medical expenses incurred on your child’s behalf).
Is there a filing deadline for your teen’s claim?
Indiana imposes a two-year deadline on most personal injury claims, but the state provides a tolling exception that adjusts this timeline for minors. Under this rule, the limitations period does not begin running until your child turns 18.
This means your child generally has until their 20th birthday to file a lawsuit. While this offers additional time, delaying action can make it harder to gather evidence, locate witnesses and reconstruct the details of the crash.
Your state also follows a modified comparative fault standard, meaning the court can reduce your child’s compensation if they bear partial responsibility for the accident. Should they be 51% or more responsible, they lose the right to recover damages altogether.