Claims involving minors raise separate deadline and representation questions

States may use special rules for minors, parents, guardians, estates, settlement approval, or tolling. Those rules vary enough that a national page should not state a universal filing period.

Documents to organize

  • Child's treatment and injury records
  • Parent/guardian information
  • Birth or guardianship documents if relevant
  • Future-care, therapy, school, and developmental records
  • Any prior settlement or court-approval paperwork

Questions for local counsel

  • Who has legal authority to bring the claim?
  • What special limitations/tolling rules apply?
  • Does settlement require court approval or protected funds?
  • Are the parents' individual damages separate from the child's?

Check current law before relying on a procedural rule

Medical-malpractice filing rules differ by state and can change. Use the relevant court, legislature, medical-board, and lawyer-licensing sources, and ask licensed counsel to calculate deadlines or filing requirements for a specific matter.

Open the official sources directory.