The child’s age when the claim legally accrues is the first thing I would sort out—not the date a parent gets around to calling an insurer. For an ordinary personal-injury claim, Vermont law gives a minor extra time, but the exact deadline depends on the kind of injury and when it was discovered.
The usual rule for a Vermont personal-injury claim
For injuries caused by another person’s act or failure to act, 12 V.S.A. § 512(4) sets a three-year filing period. The statute says the claim accrues on the date the injured person discovers the injury. In a straightforward crash or playground accident, the injury is often apparent right away. A condition that was not recognized until later can raise a different question about when discovery occurred.
Section 512 is a statute enacted by the Vermont Legislature, not an agency regulation. It covers ordinary personal-injury claims unless another law provides a different deadline. The statute does not say that every claim starts running on the date of the accident, and it does not give every type of injury the same time limit.
For an adult, the general starting point is three years from accrual. For an injured child, the next statute to read is 12 V.S.A. § 551(a). It says a person who is a minor when a covered claim accrues can bring the action within the applicable statutory period after the disability of minority ends. Vermont law treats a person as a minor until age 18.
How the age-18 extension works
For an ordinary claim under § 512, if the child’s injury claim accrues while the child is under 18, the three-year period generally does not run during minority. The period begins when the child reaches 18. Put simply, a child who was injured and knew of the injury as a minor will usually have until about age 21 to start the lawsuit. The controlling language is § 551’s direction that the person may bring the action within the time otherwise allowed after minority ends.
The extension belongs to the injured child’s claim. It does not mean a parent can wait indefinitely, and it does not mean that reporting the incident or negotiating with an insurer preserves a lawsuit. Vermont law says an action under this chapter is commenced by filing the complaint when the action is commenced by filing, or by serving the summons and complaint when it is commenced by service. A phone call, insurance claim form, or settlement discussion is not a substitute for commencing the court case in the legally required way.
Three examples to make the timeline concrete
A child injured at 14. A 14-year-old is hurt when a driver backs into the child’s bicycle. The injury is known at the time. If the claim is an ordinary negligence claim under § 512 and no different deadline applies, the child’s minority pauses the limitations clock; the usual three-year period begins at 18. The family does not have to sue before the child’s 18th birthday just to preserve the child’s claim.
An older teenager injured at 17. A 17-year-old slips on an icy walkway and has an immediately diagnosed fracture. The child’s claim still receives the minority tolling rule while the child is under 18. Turning 18 does not create a fresh six-year period; for this ordinary claim, the usual period after minority is three years.
An injury discovered later. A child receives treatment after an accident, but a distinct injury is not identified until later. The date of discovery may affect when the claim accrues under § 512(4), while age at accrual matters under § 551. The dates and medical records need to be examined together; a family should not assume that the accident date automatically answers the deadline question.
Some childhood injury claims have a different statute
The age-18 rule is important, but it is not a reason to use one deadline for every case. Medical malpractice has its own statute, 12 V.S.A. § 521. It uses a different calculation involving the date of treatment, discovery of the injury, and a stated seven-year limit; the statute also expressly refers to the tolling provision in § 551. A possible malpractice claim should be checked under § 521 itself rather than treated as an ordinary three-year accident case.
There is another special rule for qualifying childhood abuse. Under 12 V.S.A. § 522, a civil action for injury resulting from childhood sexual or physical abuse, as those terms are specifically defined by that statute, may be commenced at any time after the act. The statute also contains rules about sealing the complaint and limits involving certain entity defendants and older claims. This is not a general deadline for every injury suffered by a child; it applies only when the conduct fits the statutory definitions.
Other facts can also change the analysis: the child may have been injured in a different state, the responsible party may be a public entity, or a particular statute may set a shorter or otherwise special period. The general three-years-after-age-18 explanation is a starting point for an ordinary Vermont personal-injury claim, not a universal answer for every defendant or injury.
The child’s claim is not the parent’s claim
The injured child owns the claim for the child’s bodily injury. A parent may handle practical matters while the child is young, but the parent should not confuse acting for the child with personally owning the child’s claim. Likewise, a parent’s own claim for expenses or other losses is separate from the child’s injury claim; the child’s age-based tolling rule should not be assumed to extend every claim a parent might have.
Vermont procedure requires a minor’s claim to be presented through a proper representative. A Vermont Supreme Court decision explains that a nonlawyer guardian cannot represent a ward in court without an attorney. Although that case concerned an adult under guardianship, it is a clear warning not to assume that being a parent or guardian automatically allows someone to litigate a child’s case without counsel.
A settlement for a child has its own approval requirements
Families sometimes receive an insurance offer before any lawsuit is filed. A parent’s signature alone is not enough to settle and release a child’s claim. Under 14 V.S.A. § 2643(a), a Superior Court judge in the county where the child lives must approve and consent to a parent’s release when the settlement is $10,000 or less. For a settlement above $10,000, § 2643(b) requires approval of a court-appointed guardian.
The Vermont Judiciary’s current minor-settlement petition form gives the practical filing route: a settlement of $10,000 or less is submitted to a Civil Division judge for review before the release is signed; a settlement above $10,000 is not reviewed under § 2643(a) and should be handled through a Probate Division case for minor financial guardianship. The statute is the law; the court form is official court guidance about where to submit the request. Do not sign a broad release for the child first and assume approval can be sorted out later.
Approval matters because a release can end the child’s right to pursue additional compensation for the injuries covered by it. The court form asks the parent to explain the nature of the injury, past and expected medical needs, the settlement amount, and why the settlement serves the child’s interests. A quick payment can be difficult to unwind once the required approval and release are complete.
What to do while the child is still a minor
You do not need to file a lawsuit immediately just because the injured person is a child. You do need to preserve the facts and avoid treating the extra time as a reason to let the file go cold. A practical approach is:
- Write down the timeline. Record the incident date, when symptoms appeared, when a clinician first identified each injury, and any later diagnosis. Keep school, sports, or work absence records if they show how the injury affected the child.
- Save the records. Keep medical records and bills, photographs, messages with the other party or insurer, witness names, and any incident or police reports. Do not edit or discard original photos or messages.
- Keep a calendar reminder. Note the child’s 18th birthday and review the claim well before the likely post-majority deadline. A different statute, a dispute about discovery, or a question about who is responsible can change the calculation.
- Do not rely on the insurer’s timeline. An adjuster can investigate or negotiate, but a pending claim does not itself extend a court deadline. Ask for any extension in writing and have the legal effect checked before relying on it.
- Pause before signing a release. Check whether the release covers only the child, only a parent, or both; make sure the correct court approval or guardianship process is completed before the child’s claim is released.
The key answer is straightforward for the ordinary case: when an injury claim accrues while a child is under 18, Vermont’s minority-tolling statute generally gives the child the applicable limitations period after turning 18—usually three years for a claim under § 512. The injury’s category, discovery date, defendant, and any settlement paperwork can change what that means in a particular family’s case.
Disclaimer: This guide provides general legal information and is not legal advice. Laws vary by state and may change over time. The outcome of any legal issue depends on the specific facts, documents, and circumstances involved. For advice about your situation, consult a qualified attorney licensed in your jurisdiction.