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Parents can absolutely file a lawsuit on behalf of their child. If your child is under the age of 18, they cannot legally file a lawsuit on their own; it is necessary that a parent or legal guardian intervene to file a lawsuit on their behalf.
This is particularly important in the context of the social media MDL, where thousands of parents are acting as legal representatives of their children to hold platforms like Meta and TikTok liable for the harm.
Here is what it means to file a claim on behalf of your child:
Because minors cannot sign legal documents or bring lawsuits on their own, you or a legal guardian must file the claim on their behalf. When you begin a claim review with Atraxia Law, you’ll provide the details of your child’s social media use and medical history. Our role at this stage is to help organize that information so it meets the legal and medical criteria required in these cases. You will be the one signing the paperwork and working with the attorney as the case moves forward.
If your lawsuit is successful, whether resolved through settlement or award, compensation for your child's injuries will go to your child. Courts are responsible for the administration of the funds to ensure that they are used in the best interests of your child. In some cases, parents may be compensated for the medical expenses they have already paid for their child.
The funds are intended to ensure your child has the resources they need for future therapy, care, or to address lost opportunities.
To protect the child’s future, the courts have strict rules about how a minor’s settlement is handled. In most instances, the judge will require the money to be placed in a secure account or a savings plan that pays out gradually. As for the distribution of the funds, it depends on the court’s approval and the state laws. Because the rules vary by state, having the settlement structured correctly from the early stages helps avoid delays and keeps your case in line with what the judge expects.
If your child is now 18 or older, but the addiction and damage occurred when they were a minor, they still have the right to file a claim. Once they are adults, they must file the lawsuit in their own name. Parents may assist by getting the medical records and contacting our intake team to initiate the process. We can determine whether your child’s timeline still qualifies under applicable filing rules.
Parents are taking the initiative to hold these platforms accountable, and they do not have to do it alone. Atraxia Law is ready to examine your timeline and gather the documents needed for a strong case. Once prepared, we will connect you with our legal partners who will file the social media adolescent addiction claim on behalf of your family.