When a minor is injured because of someone else’s negligence, parents often wonder about their child’s legal rights. In California, minors have the right to seek compensation for injuries, but the process works differently than it does for adults. Learning how personal injury lawsuits work for children can help you protect your family’s interests and get the compensation your child deserves.

Can Minors File Personal Injury Lawsuits in California?

Minors can file personal injury lawsuits in California, but they cannot do so on their own. Because children under the age of 18 cannot legally enter into contracts or negotiate settlements, they need an adult to act on their behalf. This means that while the claim belongs to the child, an adult must handle the legal proceedings.

California law recognizes that children deserve the same protections as adults when they’re harmed by negligence. Whether the injury happened in a playground accident, a traffic collision, or any other preventable incident, injury claims for minors follow specific rules designed to protect the child’s best interests.

Who Can File a Personal Injury Claim on Behalf of a Minor?

The first step in moving forward with a claim is determining who has the legal authority to file a lawsuit on the child’s behalf. Your Los Angeles child accident injury lawyer can walk you through this process.

Parents or Legal Guardians

In most cases, a parent or legal guardian is appointed by the court to serve as the guardian ad litem for the lawsuit. While this appointment is typically routine when a parent is involved, it still requires formal court approval.

Guardian Ad Litem

When a child doesn’t have a parent or legal guardian available, or when there’s a conflict of interest, the court appoints an independent guardian ad litem specifically for the case. A guardian ad litem in California personal injury cases acts solely in the minor’s best interest and answers directly to the court.

When Court Approval is Required

California law requires court approval for any settlement involving a minor, regardless of who filed the claim. The court reviews the settlement terms to confirm they’re fair and adequately protect the child’s long-term interests.

How the Statute of Limitations Works for Minors in California

For adults, the deadline to file a personal injury claim in California is generally two years from the date of the injury. However, the statute of limitations for minors in California injury cases is effectively paused until they turn 18 years old. They then have two years from their 18th birthday to file a lawsuit, meaning a child injured at age 10 would have until age 20 to bring a claim.

There are important exceptions to consider. If the injury involves a government entity, such as a public school, much shorter notice deadlines apply. Because of these variations, consulting with a personal injury attorney in Los Angeles as soon as possible after an injury occurs is always the best approach.

Common Types of Accidents That Lead to Child Injury Claims

Children can be injured in many different settings, and each type of accident may involve different legal considerations.

Car Accidents

Vehicle collisions are one of the leading causes of injury for children. Whether a child is a passenger in a family vehicle, riding in a school bus, or crossing the street as a pedestrian, car accidents can result in serious harm, including broken bones and traumatic brain injuries.

Dog Bites and Animal Attacks

In California, a dog’s owner is typically responsible for injuries even if the animal has never bitten anyone before. Animal attacks can cause significant physical and emotional trauma for children.

Playground and School Injuries

Accidents on playgrounds, in schools, or during sports activities can lead to lawsuits if unsafe conditions or inadequate supervision contributed to the injury. These cases may involve premises liability claims or negligence claims against supervising adults.

Defective Products

Toys, car seats, bicycles, and other children’s products can cause harm when they’re poorly designed or manufactured. Product liability claims can hold manufacturers accountable when dangerous defects lead to injuries.

What Damages Can a Minor Recover in a Personal Injury Case?

Children injured in accidents have the right to recover the same types of compensation available to adults. These damages address both the immediate and long-term effects of the injury.

• Economic damages: These cover tangible losses like ongoing treatment costs, future medical care, and compensation for reduced earning capacity.
• Non-economic damages: These address pain and suffering, emotional distress, loss of enjoyment of life, and psychological trauma.
• Punitive damages: In rare cases involving extreme negligence or intentional harm, punitive damages punish the wrongdoer and deter similar conduct in the future.

What Happens to a Minor’s Settlement Money?

One of the most frequently asked questions about a minor personal injury claim in California involves the settlement funds. California law requires that settlement proceeds be protected for the child’s benefit.

After the court approves the minor’s settlement in California, the funds designated for the child are typically placed in a blocked account, also known as a restricted account. These funds remain there until the child turns 18, at which point they gain full access to the money. The court may allow early withdrawals for medical expenses or educational costs, but only with prior approval.

This system exists to protect children from having their settlement money misused or depleted before they reach adulthood. It also helps make sure that funds intended to cover long-term needs remain available when the child needs them most.

Can Parents Recover Compensation Separately?

Parents can pursue their own claims for damages related to their child’s injury. These can include medical bills paid out of pocket, transportation costs for treatment, and even loss of income if a parent had to take time off work to care for the injured child. However, parents cannot claim compensation for their child’s pain and suffering.

When structuring a child injury lawsuit in California, attorneys often separate the parent’s claim from the child’s claim to make sure both parties receive appropriate compensation.

How The Law Offices of Jacob Emrani Help Families With Child Injury Claims

At The Law Offices of Jacob Emrani, we have more than 25 years of experience representing families across Southern California in complex injury cases. We handle every aspect of the claim, from investigating the accident and gathering evidence to preparing the petition for minor settlement approval in California.

We don’t charge any fees unless we win your case, and we offer free consultations so you can understand your legal options without any financial risk. Contact us today if your child has been injured in an accident. We’re here to help you get the justice and compensation your family deserves.