Child Injury Claims: Special Legal Considerations in California

When a child is injured due to someone else's negligence, California law recognizes that minors need additional legal protections that don't apply to adult claimants. From extended filing deadlines to mandatory court oversight of any settlement, the legal process for a child injury claim in California differs meaningfully from a typical personal injury case, and understanding these differences helps parents protect their child's long-term interests.

Extended Statute of Limitations for Minors

Adults in California generally have two years from the date of an injury to file a personal injury lawsuit. For minors, that clock generally doesn't start running until they turn 18, meaning an injured child typically has until their 20th birthday to file a claim on their own behalf, subject to certain exceptions such as claims against government entities, which carry much shorter notice deadlines regardless of the claimant's age. Because of these government claim exceptions, parents should not assume they can wait indefinitely before taking action.

Who Can File on a Child's Behalf

A parent or legal guardian typically files a claim on behalf of an injured minor, though the court may appoint what's known as a guardian ad litem, a person specifically designated to represent the child's interests throughout the litigation. This role exists to ensure that decisions made during the case, including whether to accept a settlement, are made with the child's best interests as the priority, separate from any competing interests the parents or other parties might have.

Court Approval of Minor's Compromise Settlements

Unlike adult settlements, which can typically be finalized privately between the parties, California law requires court approval of any settlement reached on behalf of a minor. This process, often called a 'minor's compromise,' involves a judge reviewing the settlement terms, the child's injuries, and how the funds will be managed to confirm the agreement is fair and adequately protects the child's interests. Courts scrutinize these settlements more closely than adult claims specifically because the child cannot advocate for themselves.

Blocked Accounts and Structured Settlements

Once a settlement is approved, California courts typically require that a minor's settlement funds be protected until the child reaches adulthood. This is often accomplished through a blocked account at a bank or financial institution, which restricts withdrawals without further court authorization, or through a structured settlement that pays out the funds over time, sometimes beginning once the child turns 18. These mechanisms exist to prevent settlement funds intended for a child's benefit from being spent or mismanaged before they're old enough to control their own finances.

Common Types of Child Injury Cases

• Playground and recreational equipment injuries
• School-related accidents and inadequate supervision
• Daycare and childcare negligence
• Dog bites and animal attacks
• Product liability involving children's toys or equipment
• Swimming pool accidents involving young children

Because child injury claims involve extended timelines, court oversight, and long-term financial planning considerations that adult cases don't, parents are well served by understanding these requirements early rather than after a settlement offer is already on the table.