Can Parents Represent Their Child in a Tennessee Injury Case?

Quick answer: Tennessee law does not allow a parent who is not a licensed attorney to represent a child as the child’s lawyer in a personal injury lawsuit. Although a parent may bring a lawsuit on a minor’s behalf as a representative or “next friend,” Tennessee law generally requires a licensed attorney to prepare and file pleadings and advocate for the child’s claims. Courts have held that claims improperly asserted on a child’s behalf by a non-attorney parent can be treated as a nullity. See Tenn. Code Ann. §§ 23-3-101(3), 23-3-103(a); Vandergriff v. ParkRidge E. Hosp., 482 S.W.3d 545, 552–54 (Tenn. Ct. App. 2015).

When a child gets hurt due to someone else’s negligence, a parent’s first instinct is to fight back. But in Tennessee, taking legal action on your child’s behalf without a licensed attorney is not just ineffective; it can permanently damage your child’s case. Understanding the rules around legally representing children in Tennessee is one of the most important steps a parent can take after a minor’s injury. 

Bill Easterly & Associates can help you properly represent your family in seeking damages for the harm that came to your child.

What Tennessee Law Says About Representing a Minor Child

Tennessee Code Annotated § 23-3-103 defines the unauthorized practice of law and makes it unlawful for non-licensed individuals to engage in legal representation or court filings on behalf of another party.

This rule applies directly to parents. Even with the best intentions, a parent who files a lawsuit, signs pleadings, or attempts to litigate a claim for their child is committing an unlawful act under Tennessee law. State appellate courts have ruled consistently that such filings are void, meaning the case may be thrown out entirely before it ever has a chance to be heard.

Why Pro Se Representation Does Not Extend to Minors in Tennessee

Many parents assume that the right to self-representation, known as “pro se” representation, gives them authority to act on their child’s behalf in court. This assumption is incorrect.

Pro se rights allow a person to represent their own legal interests. When a personal injury claim belongs to the child, however, a parent who is not a licensed attorney cannot act as the child’s lawyer by preparing pleadings or litigating that claim on the child’s behalf. A parent may serve in a representative capacity, such as bringing an action as the child’s “next friend,” but that role does not give the parent the right to practice law on behalf of the child.

What Happens When a Parent Files Without an Attorney?

The consequences are significant. Tennessee courts have dismissed lawsuits and struck down complaints where parents attempted to sign and litigate claims for their children without hiring a licensed lawyer. These pleadings are treated as void from the outset. 

The Tennessee Attorney General’s Office actively enforces rules against unauthorized legal representation, and violations can result in sanctions against the filing parent, as well as full case dismissal.

When Can Parents Represent Themselves?

There is an important distinction worth understanding. Parents are fully permitted to represent themselves in matters where they are the direct party in interest. This includes disputes over their own parental rights or certain administrative proceedings that allow for non-attorney advocacy.

The key distinction is whose legal claim is being pursued. A parent may represent themselves when pursuing a claim that belongs to the parent. But when pursuing a personal injury claim that belongs to the child, a parent who is not a licensed attorney cannot act as the child’s legal counsel in court. This distinction is important because claims arising from a child’s injury do not necessarily all belong to the same person. Depending on the circumstances, certain claims or damages may belong to the child, the parent, or potentially involve rights held by both.

What Parents of Injured Children Should Do

If your child has been injured due to another party’s negligence, here is what Tennessee law requires and what attorneys at Bill Easterly & Associates recommend:

• Hire a licensed Tennessee attorney to represent your child’s personal injury claim from the start
• Avoid filing any documents with the court on your child’s behalf without attorney guidance
• Work with licensed counsel to protect your child’s legal rights, ensure proper documentation, and pursue the full recovery your child deserves

Acting quickly matters. Tennessee has statutes of limitations that can bar a claim if too much time passes, and any premature or improper filing can complicate the process further.

Protect Your Child’s Right to Recovery

Tennessee’s rules on legally representing children exist to protect minors, not to create barriers for parents. A child who has been injured deserves qualified legal representation that gives their case the strongest possible foundation.

If your child has been injured in Nashville or anywhere in Tennessee, contact Bill Easterly & Associates for a consultation. Our firm understands the legal requirements for personal injuries involving minors and is ready to help your family pursue justice the right way.

Frequently Asked Questions

Can a parent file a personal injury lawsuit for their child in Tennessee?

A parent may bring a lawsuit on behalf of a minor child in the appropriate representative capacity, but a parent who is not a licensed attorney generally cannot act as the child’s lawyer. Tennessee courts have held that non-attorney parents cannot file and litigate their child’s personal injury claims pro se.

What happens if a parent tries to litigate a child’s claim without an attorney?

Tennessee courts have treated pleadings improperly filed on behalf of another person by a non-attorney as void or a legal nullity. That can create serious procedural problems and may jeopardize the claim depending on the applicable deadlines and circumstances.

Can a parent represent themselves and their child at the same time?

A parent may represent themselves when pursuing their own legal rights. However, a parent who is not a licensed attorney cannot act as legal counsel for the child when pursuing claims that belong to the child. A parent may be permitted to bring an action in a representative capacity on the child’s behalf, but that is different from serving as the child’s attorney.

Why does a minor need an attorney for claims that belong to the child?

When a legal claim belongs to a minor, a parent may act in an appropriate representative capacity but cannot serve as the child’s lawyer unless the parent is a licensed attorney. Tennessee law generally requires a licensed attorney to prepare pleadings and provide legal representation for another person, including a minor child.

What should I do first if my child is injured due to someone else’s negligence in Tennessee?

Contact a licensed Tennessee personal injury attorney as soon as possible. Prompt legal action helps preserve evidence, meet filing deadlines, and ensure your child’s claim is handled correctly from the start.

Who can recover a child’s medical expenses after an injury in Tennessee?

The answer can depend on who incurred or paid the medical expenses and the circumstances of the case. Often, a parent is the appropriate party to pursue medical expenses the parent incurred or paid on behalf of a minor child. A child may also have the right to recover certain medical expenses in some circumstances, including when the child actually paid or is obligated to pay them. Tennessee case law has addressed other situations differently, so determining who has the right to recover a minor’s medical expenses can require a case-specific legal analysis.