Child injury claims · California
Key Points of Personal Injury Lawsuits When Children Are Involved
When someone else's carelessness hurts your child, California law gives your child a claim. The rules differ from an adult's case in four ways: who files, the deadlines, court approval of any settlement, and how the money is protected.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- A child cannot sue alone. A parent or other adult appointed as guardian ad litem brings the case.
- For most injuries, the two-year filing deadline is paused until the child turns 18.
- That pause does not apply to claims against a public entity, such as a school district. A written claim is usually due within six months.
- Medical malpractice deadlines for children are separate and much shorter.
- Every settlement of a child's claim needs a judge's approval, and the court decides how the money is protected.
- A child's claim can include future medical care and lost earning capacity over a lifetime.
Who files a lawsuit for an injured child?
A child cannot file a lawsuit alone. In California, a minor appears in court through a guardian, a conservator or a guardian ad litem appointed by the court, who is usually a parent. Parents can also bring an action together for an injury to their child caused by someone's wrongful act or neglect.
The guardian ad litem rule is in CCP 372(a), and the parents' right to sue for an injury to their child is in CCP 376(a). The guardian ad litem makes decisions for the case, but the claim and any recovery belong to the child.
Children are hurt in many of the same ways adults are: car accidents, falls on unsafe property, dog bites and medical errors. Children riding in cars must be in the right restraint for their age and size Veh. Code 27360, and car seat use is something insurers ask about.
How long you have to file for a child
For most child injury claims, California's two-year deadline is paused until the child turns 18, so a lawsuit is generally due by the child's 20th birthday. That pause has two big exceptions: claims against public entities and medical malpractice claims. Waiting is risky either way, because evidence fades and witnesses move.
The two-year rule is CCP 335.1. The pause for minors is CCP 352(a), which says the time a person is under the age of majority is not counted.
Starting early also matters for your child's care. Medical records, photos, witness names and video are easiest to gather in the first weeks. Enter the injury date in our California Claim Clock to see the general deadlines.
Claims against schools and other public entities
If a public school, city park, public bus or other government property was involved, your child's age does not pause the claim deadline. A written claim must usually be presented within six months of the injury. Missing it can end the case, so call a lawyer right away when a public entity may be responsible.
The exception for public entity claims is in CCP 352(b), and the six-month deadline is Gov. Code 911.2(a). After a written rejection, you generally have six months to file suit Gov. Code 945.6(a). If the six months has passed, a petition for late-claim relief is sometimes possible Gov. Code 946.6.
Medical malpractice involving children
Medical malpractice claims for children follow a separate rule. A minor's claim must generally be filed within three years of the wrongful act. A child injured before age 6 has three years or until the eighth birthday, whichever is longer. These deadlines are much shorter than the general rule for children.
That rule is in CCP 340.5. Medical cases turn on records and standards of care. Before law school, founding attorney Steven D. Green worked in hospital operating rooms training surgeons on medical devices, and he earned a Health Law certificate at Loyola University Chicago School of Law. Learn more about Steven D. Green and our medical malpractice practice.
Court approval of a child's settlement
Every settlement of a child's injury claim needs a judge's approval. A parent can negotiate the settlement, but it must be approved by the superior court on a petition. The judge reviews the amount, the attorney's fees and any medical liens, and decides how the money will be held for the child.
Before a lawsuit is filed, the parent's right to compromise the claim, subject to court approval, comes from Prob. Code 3500. Once a case is pending, the guardian ad litem can settle only with the approval of the court where the case is filed CCP 372(a).
Where the money goes
The court chooses how the child's money is protected Prob. Code 3611. Options include:
- An insured account at a financial institution, withdrawn only with court authorization
- A single-premium deferred annuity, also subject to court authorization
- A special needs trust for a child who qualifies
- A custodian account under the California Uniform Transfers to Minors Act
What a child's claim can include
A child's claim can include medical care now and into adulthood, pain and suffering, and lost earning capacity if a lasting injury limits the work the child will be able to do. A child has no work history, so proving future earnings can rely on school records, family background and testimony from economists.
For serious injuries, such as spinal cord injuries or brain injuries, a life care plan prices future therapy, equipment and help at home. If your child was partly at fault, any award is reduced by that share and is not barred Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
Children, property owners and trespassing
California does not decide a property owner's duty by labeling a visitor a trespasser, licensee or invitee. The question is whether the owner acted reasonably in light of how likely an injury was. A pool, construction site or other hazard that is likely to draw children can make an injury to a child more foreseeable.
The California Supreme Court set this rule in Rowland v. Christian (1968) 69 Cal.2d 108, applying the general duty of care in Civ. Code 1714(a). If your child was hurt at a rental home, read suing your landlord for an injury. We take cases in all 58 California counties.
Questions
Child injury claim questions
Can a parent file a personal injury lawsuit for a child in California?
Yes. A child cannot sue alone, so a parent or other adult is appointed by the court as guardian ad litem to bring the case for the child (Code of Civil Procedure section 372). Parents can also bring an action together for an injury to their child caused by someone's wrongful act or neglect (Code of Civil Procedure section 376).
How long does a minor have to file a personal injury claim in California?
For most injuries, the two-year deadline is paused until the child turns 18, so the lawsuit is generally due by the child's 20th birthday (Code of Civil Procedure sections 335.1 and 352). The pause does not apply to claims against public entities, and medical malpractice claims for children have shorter, separate deadlines.
Does a judge have to approve a child's injury settlement?
Yes. A parent can negotiate a settlement of a child's claim, but it must be approved by the superior court on a petition (Probate Code section 3500). If a lawsuit is pending, the guardian ad litem can settle only with the approval of the court where the case is filed (Code of Civil Procedure section 372).
Who gets the money from a child's injury settlement?
The money belongs to the child. The court decides how it is held, for example in an insured blocked account that can be withdrawn only with court authorization, a single-premium deferred annuity, a special needs trust or a custodian account under the California Uniform Transfers to Minors Act (Probate Code section 3611).
What if my child was hurt at a public school?
Act quickly. A claim against a public school district or other public entity usually must be presented in writing within six months of the injury (Government Code section 911.2), and the child's age does not pause that deadline (Code of Civil Procedure section 352(b)). Late-claim relief is sometimes available, but it is not guaranteed.
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