{"id":368854,"date":"2021-10-19T12:59:31","date_gmt":"2021-10-19T17:59:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/8-reasons-you-can-legitimately-sue-a-minor-and-win.html"},"modified":"2026-05-19T11:06:43","modified_gmt":"2026-05-19T16:06:43","slug":"8-reasons-you-can-legitimately-sue-a-minor-and-win","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/8-reasons-you-can-legitimately-sue-a-minor-and-win.html","title":{"rendered":"8 Reasons You Can Legitimately Sue a Minor and Win"},"content":{"rendered":"\n
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8 Reasons You Can Legitimately Sue a Minor and Win<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you can bring a civil case against a minor. Yet, there are usually a few limitations and challenges in these lawsuits. If you win a case against a minor, collecting the award from the child or parents may be difficult.<\/p>\n\n <\/div>\n\n\n\n

If the minor is\u00a0emancipated, you can sue them in their own right. If the minor is not emancipated, you sue them through their legal representative. If they don’t have a legal representative, a court can appoint one.<\/p>\n

Depending on the nature of your claim and the age and maturity of the minor, you might recover less than what you might be able to get from an adult. You can\u00a0sue the minor child’s parents<\/a>\u00a0in some circumstances.<\/p>\n

There are many claims you can bring against a minor and win. Whether it makes sense financially is a different story. A local attorney<\/a> can help you evaluate that aspect. This article addresses eight different scenarios.<\/p>\n

What Is a Minor?<\/h2>\n

A minor<\/a>\u00a0is a person who is under the age of majority set by state law.\u00a0In most states, it’s 18<\/a>. In Alabama and Nebraska, it’s 19. In Mississippi, it’s 21.<\/p>\n

During the period of their minority, children are generally subject to their parents’ authority as their legal guardians. Parents are responsible for, among other things, caring for and educating their minor children and generally have the right to make decisions relating to their child’s well-being.<\/p>\n

In some situations, a court might\u00a0appoint a legal guardian for a child<\/a>\u00a0(often in connection with\u00a0custody<\/a>\u00a0disputes).<\/p>\n

What Is Emancipation?<\/h3>\n

State laws allow minors to become independent<\/a> from the legal authority of their parents. The legal term for this process is emancipation<\/a>.<\/p>\n

A minor can petition for a court order to free them from their parents’ authority when they reach a certain age and maturity (16 in most places).<\/p>\n

If emancipated, the minor has\u00a0virtually the same legal rights<\/a>\u00a0and duties under state law as an adult.<\/p>\n

For example,\u00a0the minor can<\/a>:<\/p>\n