Personal injury claims involving children have unique legal requirements and considerations. This educational overview examines the special rules that apply when minors are injured in accidents.
Educational Notice: This content provides general educational information about child injury claims. It is not legal advice. Parents or guardians of injured children are encouraged to consult with a licensed attorney for guidance specific to their situation.
Who Can File Claims for Minors
In California, minors cannot file lawsuits on their own behalf. Claims must be brought by:
- Parents - Either parent can typically file on behalf of their child
- Legal guardians - Court-appointed guardians have authority to act
- Guardian ad litem - A person appointed by the court specifically for litigation purposes
Extended Statute of Limitations
California provides special statute of limitations protections for minors:
- The standard two-year personal injury statute is "tolled" (paused) during minority
- A child generally has until their 20th birthday to file most personal injury claims
- Medical malpractice claims against healthcare providers have different rules
- Claims against government entities have shorter deadlines regardless of age
These rules are complex and exceptions apply, making legal consultation particularly important.
Court Approval of Settlements
Settlements involving minors require court approval in California. This process protects children from inadequate settlements and ensures funds are properly managed. The court reviews:
- Whether the settlement amount is fair and reasonable
- Attorney fee arrangements
- How settlement funds will be held and managed
- Whether the child's interests are adequately protected
Management of Settlement Funds
Courts typically require settlement funds for minors to be placed in protected accounts:
- Blocked accounts - Bank accounts that cannot be accessed until the child reaches 18
- Structured settlements - Periodic payments over time
- Special needs trusts - For children with disabilities requiring ongoing care
- Custodial accounts - Under the Uniform Transfers to Minors Act (smaller amounts)
Types of Child Injury Cases
Common situations giving rise to child injury claims include:
- Car accidents (as passengers)
- Playground and school injuries
- Dog bites (children are frequent victims)
- Swimming pool accidents
- Daycare negligence
- Defective products (toys, car seats, cribs)
- Birth injuries and medical malpractice
Damages in Child Injury Cases
Child injury claims may include compensation for:
- Medical expenses (current and future)
- Pain and suffering
- Emotional distress and trauma
- Future lost earning capacity
- Permanent disability or disfigurement
- Special education or therapy needs
Parents may also have separate claims for their own damages, including medical expenses paid and loss of their child's services.
This educational content is provided for informational purposes only and does not constitute legal advice. Child injury cases involve complex legal issues and special procedural requirements. Parents or guardians of injured children are encouraged to consult with a licensed personal injury attorney.
