The Complete Guide to Personal Injury Claims for Minors in New Mexico

Introduction: Why This Guide Matters

As a personal injury attorney in New Mexico, I’ve represented many families whose children have been injured due to car accidents, falls, medical malpractice, and defective products. Parents often feel overwhelmed, unsure of what steps to take, and concerned about how to protect their child’s future.

This guide is designed to walk you through everything you need to know about personal injury claims involving minors in New Mexico. From filing the claim to managing settlement funds, I’ll cover the most important aspects of handling a child’s injury case the right way.

In New Mexico, a minor is anyone under the age of 18. This means that individuals under 18 years old cannot legally enter contracts, file lawsuits on their own, or make binding legal decisions—hence why parents or legal guardians must handle personal injury claims on their behalf.

Chapter 1: How Common Are Accidents Involving Minors in New Mexico?

Children are injured every day due to negligence, defective products, or reckless drivers. Unfortunately, car accidents are one of the leading causes of injuries and fatalities for minors in New Mexico. These accidents result in thousands of injuries each year, many of which are severe and life-altering. Understanding the risks and statistics surrounding these incidents helps illustrate why legal protections for minors are essential.

Car Accidents Involving Minors

In 2021, there were 3,121 car crashes involving minors in New Mexico, resulting in nearly 600 serious injuries.
The state has one of the highest teen driver fatality rates in the U.S., with 9.66 deaths per 10,000 licensed teens—almost double the national average.
Motor vehicle crashes are the leading cause of death for teenagers in the United States, according to the National Highway Traffic Safety Administration (NHTSA).

Many of these accidents are caused by inexperience, distracted driving, and speeding. Teens are more likely than adults to underestimate dangerous situations, making them particularly vulnerable to accidents. Studies have shown that the first year of independent driving is the most dangerous for teen drivers, making proper education and parental oversight critical.

The 100 Deadliest Days for Teen Drivers

One particularly dangerous period for young drivers is the time between Memorial Day and Labor Day, commonly known as the 100 Deadliest Days. During these summer months, teen crash fatalities increase by 21% due to more unsupervised driving, higher speeds, and distractions such as cell phone use.

The summer months see a spike in fatal crashes involving teen drivers.
More than 50% of teen crashes during this period are due to speeding and driver distraction.
Nighttime driving is particularly risky, with fatal crash rates nearly three times higher at night for teens than during daylight hours.

New Mexico is no exception to this trend. The highest number of fatal teen driver crashes in the state occur between June and August. Parents should take extra precautions during these months by limiting unsupervised driving, setting clear safety rules, and ensuring their teens understand the dangers of distracted driving.

Pedestrian and Bicycle Accidents Involving Minors

While vehicle accidents involving minors are the most common, children are also at significant risk when walking or biking near roadways.

The New Mexico Department of Health reports that child pedestrian deaths remain alarmingly high, with a fatality rate of 5.8 per 100,000 children under 17.
Children under the age of 14 account for nearly 20% of all pedestrian injuries in traffic accidents.
Distracted driving contributes to 1 in 5 pedestrian-related crashes, making school zones and residential areas particularly hazardous for minors.

Why These Statistics Matter

Understanding the risks children face is critical in recognizing when legal action may be necessary. If your child has been injured due to someone else’s negligence—whether in a car accident, as a pedestrian, or in another incident—it is crucial that their family understands their rights and how to pursue fair compensation. Holding negligent parties accountable can provide financial relief and ensure future safety measures are implemented.

Chapter 2: How Personal Injury Claims Work for Minors

Filing a personal injury claim for a minor is different from filing a claim for an adult. Since minors cannot legally represent themselves, their parent or legal guardian must act on their behalf throughout the claims process. This process involves several important steps, from gathering evidence to working with an attorney and ensuring the claim is handled correctly.

Step 1: The Parent’s Role in Filing a Claim

When a child is injured due to someone else’s negligence, the parent or guardian takes on a vital role in securing compensation for their child’s medical bills, pain and suffering, and long-term needs. The first step in the process is consulting with an experienced personal injury attorney who understands the legal protections available for minors in New Mexico.

One of the most important responsibilities of the parent is ensuring that the child receives proper and timely medical treatment. Minors, especially young children, may not be able to clearly communicate their pain or symptoms. Older children and teenagers may downplay their injuries or resist seeking medical attention because they don’t realize the severity of their condition. Parents must be proactive in ensuring their child:

Receives immediate medical evaluation after an accident, even if injuries don’t seem severe at first.
Attends follow-up appointments to monitor for delayed symptoms or long-term issues.
Undergoes necessary diagnostic tests such as X-rays or MRIs to rule out hidden injuries.
Follows prescribed treatments and rehabilitation to prevent complications.

Medical documentation is also critical in personal injury claims. Delaying treatment can hurt a child’s health and weaken their legal case, as insurance companies often argue that gaps in care suggest the injury wasn’t serious.

Step 2: Investigating the Claim and Building a Case

Once a claim is filed, the attorney will begin investigating the circumstances surrounding the accident and compiling evidence to strengthen the case. This may include:

Reviewing police reports and medical records to establish the severity of the injury.
Interviewing witnesses who saw the accident occur.
Obtaining surveillance footage if available.
Consulting with accident reconstruction experts to determine liability.
Calculating damages to ensure all current and future costs are considered.
Evaluating insurance coverage to identify all possible sources of compensation.

Parents will work closely with the attorney during this phase to provide any additional details about the accident and the child’s recovery. This collaboration ensures the case is as strong as possible before negotiations begin.

Step 3: Negotiating a Settlement

Once liability is established and damages are calculated, the attorney will work with the responsible party’s insurance company to negotiate and secure a fair settlement. This is a critical phase where having an experienced attorney is essential, as insurance companies often try to minimize payouts. The attorney will handle negotiations on behalf of the child, ensuring that their rights and future needs are prioritized.

A settlement should account for:

Medical expenses (including future medical care and rehabilitation.
Pain and suffering caused by the injury.
Loss of enjoyment of life if the injury has lasting effects.
Potential long-term disability costs.
Emotional distress and trauma from the accident.

While the attorney leads negotiations, they will continuously communicate with the parents to ensure any settlement offer aligns with the child's best interests. Parents play a crucial role in reviewing and approving settlement terms, but final approval often requires court oversight, as settlements involving minors must be reviewed and approved by a judge to ensure they are fair and adequate.

If a fair settlement cannot be reached through negotiations, the case may need to go to court. In this situation, the attorney will prepare for litigation and represent the child’s interests in court proceedings. However, most cases involving minors are settled outside of court, as insurance companies prefer to avoid the risk of a trial verdict.

Chapter 3: The Role of the Court & Guardian ad Litem

Once a settlement is reached in a minor’s personal injury case, court approval is required (with very few exceptions) to finalize the agreement. This is a key step that ensures the settlement is truly in the child’s best interest and is not unfairly influenced by parents, attorneys, or insurance companies. To assist in this process, the court appoints a Guardian ad Litem (GAL)—a neutral third party, usually an attorney, who evaluates the settlement and provides an independent recommendation to the judge.

Why Is Court Approval Required?

New Mexico law recognizes that minors cannot make legal or financial decisions for themselves. Because of this, any settlement or verdict involving a minor must be reviewed to confirm that:

The settlement amount is fair and adequate based on the severity of the injury and future needs.
The funds are properly protected so they are available for the child’s benefit when needed.
The settlement is free from undue influence by parents, attorneys, or outside parties.
The child’s best interests are prioritized over any other considerations.
The family is legally protected—court approval ensures that the child cannot later file a lawsuit against their parents claiming they mishandled their settlement.

Without court approval, a settlement involving a minor is not legally enforceable and may be subject to challenges later.

The Role of the Guardian ad Litem (GAL)

A Guardian ad Litem (GAL) is an independent attorney appointed by the court to protect the child’s interests during the settlement approval process. The GAL does not represent the parents or the defendant—they act solely on behalf of the child.

The GAL’s responsibilities include:

Reviewing the settlement terms to ensure fairness.
Examining medical records and expenses to confirm that future medical needs are considered.
Assessing the proposed method for managing the settlement funds, ensuring they are safeguarded.
Interviewing the child (if appropriate) and parents to understand their concerns and expectations.
Submitting a written recommendation to the court, either supporting or objecting to the settlement.

As part of the review process, the GAL will speak to you as the parents to fully understand the child’s injuries, treatment, and recovery. They will also ask any for any other information you may be able to provide to support the review of the settlement terms.

In most cases, if the GAL supports the settlement and the judge finds it reasonable, the court will approve the agreement. However, if the GAL believes the settlement is inadequate, they may recommend changes or request a hearing before the judge.

What Happens in a Court Hearing for Settlement Approval?

With very rare exception, minor settlements require a formal hearing. If a hearing is scheduled, the judge will review the settlement terms and consider the GAL’s recommendation. The process typically includes:

Testimony from the parents or guardians, explaining why they believe the settlement is in the child’s best interest.
The Guardian ad Litem’s report, summarizing their findings and recommendations.
A review of medical records and future expenses to ensure the compensation is sufficient.
A discussion on how the funds will be managed, such as whether they will be placed in a trust or structured settlement.
Final approval by the judge, making the settlement legally binding and ensuring future legal protection for both the child and the parents.

How the Attorney Helps Prepare for the Hearing

Many parents are unfamiliar with the court approval process, which can cause stress or uncertainty. As your attorney, I will:

Explain what to expect in the court hearing and ensure you feel prepared.
Help gather necessary documents, such as medical records, settlement agreements, and financial arrangements for the funds.
Work closely with the Guardian ad Litem, addressing any concerns before the hearing.
Represent your child’s interests in court and advocate for the settlement’s approval.

This preparation ensures that the process moves smoothly, reducing delays and ensuring the settlement is finalized as efficiently as possible.

Who Pays for the Guardian ad Litem?

One common question parents have is who is responsible for covering the cost of the Guardian ad Litem (GAL). In most cases, the insurance company pays for the GAL's fees, and it does not come out of the minor’s settlement. This ensures that the GAL is compensated without reducing the funds that are meant to support the child’s future medical care and needs.

How Are Settlement Funds Protected?

Since minors cannot manage their own finances, the court will require that the funds be protected in one of several ways. The most common options include:

Structured Settlements: The funds are placed into an annuity, which distributes payments over time (often beginning when the child turns 18 or 21). This approach provides financial security and prevents the child from spending the entire settlement at once. Additionally, structured settlements can be customized to provide payments at key milestones in the child’s life, such as turning 18, starting college, or reaching adulthood milestones.
Restricted Accounts: The money is deposited into a court-supervised account, and withdrawals can only be made with court approval. This ensures that the funds are preserved until the child reaches adulthood, but parents or guardians can request access to cover essential expenses, such as ongoing medical treatment, therapy, or necessary educational costs. Any withdrawals must be approved by the court, providing an added layer of financial protection.
Special Needs Trusts: If the child has a long-term disability, funds may be placed into a trust to ensure ongoing support without affecting eligibility for government benefits. A Special Needs Trust is particularly important for children who may require lifelong medical care, specialized equipment, or assistance with daily living activities. These trusts are managed by a trustee, who ensures that funds are used responsibly while maintaining the child’s access to Medicaid, Supplemental Security Income (SSI), or other vital support programs.

Each of these options helps ensure that the settlement funds are used exclusively for the benefit of the child and are not mismanaged or spent prematurely. The court will evaluate the best option based on the child’s specific needs and future financial requirements. In many cases, a combination of these methods may be used to provide the child with both long-term financial security and access to funds for immediate needs.

Additionally, parents should understand that once a settlement is finalized, they cannot access or redirect the funds for personal use. If they need to request a withdrawal for the child’s benefit, they will need to go through a formal legal process to justify the necessity of the expense. Courts take the protection of minor settlement funds seriously to prevent misuse and ensure that the child’s financial future is secure.

Chapter 4: One Key Difference—Minor Claims Take Longer

One important distinction between personal injury claims for minors and those for adults is that minor claims take longer to resolve. This is primarily due to the extra layer of court oversight and legal protections that are designed to ensure the settlement is fair and serves the child’s long-term best interests. While this additional time can be frustrating for families eager to move forward, it is a necessary step to prevent potential misuse of settlement funds and ensure that compensation adequately addresses the child’s medical and future needs.

Why Do Minor Claims Take Longer?

Several factors contribute to the longer timeline of a minor’s personal injury claim:

Court Approval Process – As discussed in the previous chapter, all settlements involving minors must be reviewed and approved by a judge. This process requires additional legal filings, hearings, and sometimes modifications to ensure the settlement is fair.
Appointment of a Guardian ad Litem (GAL) – The GAL’s review of the case and recommendation to the court can take several weeks to months, depending on court availability and complexity.
Structured Settlements or Trusts – If a structured settlement or trust is involved, additional financial planning is needed to properly allocate and protect the funds.
Extended Negotiations – Since minors are entitled to long-term financial security, attorneys often spend more time negotiating settlements to ensure future medical expenses, therapy, and potential complications are adequately covered.
Medical Uncertainty – In many cases, the full extent of a child’s injuries may not be immediately apparent. Doctors may need time to determine whether additional treatments, surgeries, or long-term care will be necessary, which can delay settlement negotiations.
Court Scheduling Delays – The legal system can be slow, particularly if a case is in a backlogged court district. The timeline for securing a judge’s approval varies depending on local court availability.

How Much Longer Do Minor Claims Take Compared to Adult Claims?

While every case is unique, minor claims typically take an extra few months to a year longer than similar claims involving adults. A standard personal injury claim for an adult might resolve within 6 to 12 months, whereas a minor’s claim could take 12 to 24 months, depending on the complexity of the case and the severity of the injuries.

In cases involving catastrophic injuries or lifelong disabilities, settlements can take even longer because medical experts, financial planners, and legal professionals must work together to ensure that the child’s long-term needs are met.

What Can Parents Do to Keep the Process Moving?

Although the legal process has unavoidable delays, parents can take steps to help keep things on track:

Stay on top of medical treatment – Make sure your child attends all necessary doctor visits, therapy sessions, and medical evaluations. Delayed treatment can slow down the legal process.
Maintain clear communication with your attorney – Promptly provide any requested documents, updates on your child’s condition, and respond to legal inquiries in a timely manner.
Be patient with the Guardian ad Litem process – The GAL’s review is a crucial step, and cooperating with them ensures a smoother approval process.
Prepare for the court hearing in advance – Your attorney will guide you through what to expect but being organized and proactive can help avoid unnecessary delays.

By following these steps, parents can help ensure that the legal process moves as smoothly as possible, reducing delays and expediting the settlement process.

Chapter 5: A Few Other Important Notes

The Complexity of the Injuries Affects the Process

The severity of a minor’s injuries directly impacts how complex the claims process will be. If the injuries are relatively minor and straightforward, the process tends to be simpler, with fewer complications in reaching a fair settlement and obtaining court approval. However, the more significant and life-altering the injuries, the more complex the settlement and minor approval process becomes.

For cases involving severe injuries, long-term disabilities, or future medical needs, additional steps may be necessary, such as:

Medical expert testimony to establish long-term care costs and rehabilitation needs.
Financial planning considerations to ensure the funds last throughout the child's lifetime.

Special Needs Trusts or structured settlements for minors with disabilities to protect their access to essential benefits.
More detailed court scrutiny to confirm that the settlement fully accounts for future medical expenses, lost earning potential, and quality of life concerns.

In short, while minor injury claims can often be resolved efficiently, more serious injuries require additional time, resources, and legal expertise to secure the best possible outcome for the child’s future.

What Happens If You Are Also Involved in the Same Accident as Your Child?

In many cases, a parent or guardian is also involved in the same accident that injured their child. When this happens, it's important to understand that each individual has a separate personal injury claim even if injured in the same accident. Your claim and your child’s claim will follow the same legal process at the same time, but your child's case will have an additional step—court approval of their settlement.

This means:

Your case and your child's case will be handled together but will be considered legally separate.
Your settlement will not require court approval, but your child’s will.
In some situations, your settlement funds could be delayed while the attorney ensures that all necessary court procedures for your child’s claim are completed.

While this extra step may slightly slow the process, it is essential to ensure your child’s financial future is properly secured and that their settlement follows all legal requirements.

How a Minor’s Age Affects Their Involvement in the Process

Depending on the age of the minor, they may have a role in deciding how their settlement funds are set up and protected. While younger children typically have their funds placed in structured settlements or restricted accounts without their input, older minors—particularly teenagers—may have some say in how the money is used.

For example, in some cases, a portion of the settlement funds may be set aside for specific needs, such as:

A vehicle to assist with school, work, or daily activities. Don’t worry, the court has final say, even if your child requests a Lamborghini!
A computer for education or other school-related expenses.
College savings, ensuring the funds are used to support their future.

Additionally, older minors may also be involved in court proceedings, including possibly giving testimony at the settlement hearing. Judges often take their input into account when determining the best way to structure the settlement, ensuring that the funds serve their immediate and long-term needs appropriately.

What Happens If a Minor Turns 18 During The Claims Process?

If the case is still ongoing when the minor becomes a legal adult, they gain full legal control over their claim. This means they can make decisions about settlement, fund distribution, and any legal proceedings without needing court approval. They would not need a GAL or court approval in that situation. In fact, there have been times where we determined it was more expedient to let the child turn 18 than go through the court approval process.

Chapter 6: Final Thoughts—Protecting Your Child’s Future

Pursuing a personal injury claim on behalf of a minor is a complex but necessary process to ensure they receive proper compensation and financial security after an accident. While the legal system imposes extra steps for minor settlements, these protections are in place to safeguard the child’s future and ensure fair compensation.

Key Takeaways for Parents

As a parent or guardian, your role is critical in guiding your child through the claims process and making decisions that will impact their future. Here are some key points to remember:

Timely medical treatment is crucial – Delays in seeking medical care can hurt both your child’s health and their claim.
Court approval is required – This ensures that the settlement is fair, funds are protected, and your child’s best interests are prioritized.
Your attorney is your best resource – Working with an experienced personal injury attorney ensures the legal process is handled correctly and efficiently.
Funds are safeguarded for your child’s future – Whether through structured settlements, trusts, or restricted accounts, the court ensures the compensation is used appropriately.

Why Working with an Attorney Matters

The legal process surrounding personal injury claims for minors is not something parents should handle alone. An experienced attorney:

Negotiates with insurance companies to ensure maximum compensation.
Guides families through the court approval process, minimizing delays and confusion.
Works with financial planners to structure settlements in a way that benefits the child.
Provides legal protection for parents, ensuring they fulfill their duties lawfully and effectively.

Securing Your Child’s Financial Future

Beyond the legal process, securing a child’s financial future is an essential part of the settlement process. A well-managed settlement can:

Cover future medical expenses and ongoing care.
Provide educational opportunities by funding college tuition or vocational training.
Ensure long-term security, especially if the child has lasting injuries or disabilities.

Parents should work closely with their attorney and financial professionals to establish the best financial plan for their child while following all court requirements.

Final Words of Advice

While the process of settling a minor’s personal injury claim can be time-consuming and complex, it is ultimately about ensuring your child’s well-being and financial security. Taking the right legal steps now can prevent problems in the future and provide peace of mind that your child’s needs will be met.

If your child has been injured due to someone else’s negligence, don’t navigate this process alone. Reach out to an experienced personal injury attorney who can guide you through the legal system and fight for your child’s rights.

Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online contact form.

If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.