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Child Injury Attorney in Indianapolis, IN

When a child is hurt because of someone else’s negligence, the legal process works differently than it does for an adult, and parents are often navigating it while also caring for an injured child. Child injury cases cover a wide range of situations, including car accidents, defective products, playground and daycare injuries, dog bites, and injuries at school, where a child was harmed due to another party’s carelessness.

Indiana law generally pauses, or tolls, the statute of limitations for a minor’s personal injury claim until they turn 18, after which the standard two-year window generally applies, though this can vary depending on the type of claim and the parties involved, so it’s worth confirming the applicable deadline early rather than assuming you have unlimited time. Any settlement of a child’s injury claim in Indiana requires court approval, since a minor can’t legally enter into a binding settlement agreement on their own. Settlements of $10,000 or less can generally be distributed to a parent for the child’s benefit without a formal guardianship, while larger settlements typically require placing the funds in a court-supervised account until the child reaches adulthood. Parents also generally have their own separate right to recover medical expenses they’ve personally paid on the child’s behalf, which is handled as part of the same claim but belongs to the parent rather than the child.

At RileyCate, we help parents pursue claims on behalf of an injured child, guiding families through the court approval process required to finalize any settlement. We work to make sure a settlement reflects not just the child’s immediate medical needs but any long-term or future care their injury might require, since a settlement generally can’t be reopened later if the injury turns out to be more serious than initially understood.

Child injury cases require careful attention to both the legal claim and the court approval process that protects the child’s interests, and Russell Cate is recognized as a Super Lawyer with the trial experience these cases require, backed by appellate work before the Indiana Court of Appeals and the Indiana Supreme Court. Will Riley and Russell Cate lead the team that gives our clients real depth in child injury litigation. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Will and Russell personally oversee every case we take on, drawing on our skilled and resourceful team of attorneys, associates, and staff in whatever mix the size and complexity of your matter calls for, so your family gets the guidance it needs throughout the process.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Indiana generally tolls, or pauses, the statute of limitations for a minor’s personal injury claim until they turn 18, meaning the clock often doesn’t fully start until then, though the specific rules can vary by the type of claim and shouldn’t be assumed without confirming with an attorney. Some claims, particularly those involving a government entity, have much shorter notice deadlines regardless of the child’s age. It’s best to talk with an attorney as soon as possible rather than waiting.
Because minors can’t legally enter into a binding contract, Indiana law requires a court to review and approve any settlement of a child’s injury claim to make sure it’s actually in the child’s best interest. This protects against a settlement being rushed through for the convenience of the adults involved rather than what the child actually needs. The court process typically involves a hearing where a judge reviews the settlement terms.
Settlements of $10,000 or less can generally be distributed to a parent for the child’s use and benefit without a formal guardianship, while larger settlements typically must be placed in a court-supervised account until the child turns 18. This structure is designed to make sure the money is actually available for the child later rather than spent immediately. An attorney can walk you through what applies to your specific settlement amount.
Yes, but it’s important to have your child evaluated by a medical professional, since some injuries, particularly head injuries, can seem minor initially and become more serious over time. Settling a claim too early, before the full extent of an injury is understood, can leave your child without adequate compensation for future needs. An attorney can help you understand the right timing for resolving a claim.
Schools and daycare facilities have a duty to provide reasonable supervision and a safe environment, and injuries caused by inadequate supervision, unsafe equipment, or negligent staff can support a claim. Claims against public schools involve a much shorter notice deadline than claims against private facilities, since they’re generally treated as government entities. An attorney can help you understand which rules apply based on the type of facility involved.
Compensation from a child’s injury claim generally belongs to the child rather than the parents, even though a parent typically brings the claim on the child’s behalf as their representative. This is part of why court approval and, for larger settlements, a supervised account are required, to make sure the money is preserved for the child. Parents can generally recover separately for medical expenses they personally paid.
Manufacturers and retailers of children’s products have a duty to make sure their products are reasonably safe, and injuries caused by a defectively designed or manufactured toy, car seat, or other children’s item can support a product liability claim in addition to any other applicable claim. These cases often involve federal safety standards specific to children’s products. An attorney can help evaluate whether a defective product contributed to your child’s injury.
Indiana generally requires the claim to be brought by the child’s parent, legal guardian, or another appointed representative, so if you aren’t the child’s legal guardian, the court process may need to address who is authorized to act on the child’s behalf. This is often resolved by appointing a guardian ad litem or next friend for purposes of the lawsuit. An attorney can help you understand what’s required in your specific family situation.

If your child was injured because of someone else’s negligence, we can help you understand your options and guide you through the process of protecting their interests. We offer a consultation to review what happened and explain the path forward. Reach out to RileyCate today to speak with a child injury attorney about your situation.

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