In a normal personal injury case, like a car accident claim, victims in California would have up to two years to file a claim to seek compensation.
But the deadline for children is much longer to protect young accident victims. Their two-year countdown actually starts on their 18th birthday, no matter when the accident occurred.
The difference is explained in the California Civil Code of Procedure (CCP).
Chapter 4 CCP 352.
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.
When Children Must File Accident Claims
An injured child’s deadline to file a claim can be paused in California. They can file a claim anytime after an accident (usually with the help of a parent), but they also have the right to wait until they are considered an adult to file.
The statute of limitations is paused until they are 18. At that point, their two-year window begins. This type of case is filed when someone’s negligence harms the child. A child may be hurt by a reckless driver or in a dog bite incident caused by a careless dog owner. The at-fault party’s insurance provider is asked to cover all recovery costs for as long as necessary.
There are a few other differences when a minor’s personal injury claim is resolved in California.
- A parent, guardian, or a California child injury lawyer may help a child file an accident claim immediately, but the case will be handled by a court-appointed guardian ad litem (this is sometimes a parent).
- A superior court judge approves any settlement the child receives in a process known as a “Minor’s Compromise.” The judge makes sure the settlement is in the child’s best interests.
- The parents don’t usually control the settlement money. A judge will often put the money in a blocked bank account. This money would often stay there until the child’s 18th Parents can ask the court to access some of the money for certain needs that arise for the child. A judge could also put the money in a “structured settlement” that pays the child a portion of the money over several years.
- Parents can file their own lawsuits. When parents have paid out for a child’s medical bills that health insurance doesn’t cover, they can file a separate claim with the at-fault party’s insurer.
See: How a California Child Dog Bite Lawyer can help a young victim.
Exceptions to the Statute of Limitations Pause for Child Victims
In some cases, the pause on the minor’s deadline for filing doesn’t apply.
These are a few examples:
- When a child is hurt by the actions of a state, city, or county government employee, the statute of limitations is usually not delayed until the victim’s 18th In fact, a lawsuit filed against a local city government, perhaps against a public school, would require that the government be notified of the intention to sue within 6 months.
- When a child is the victim of medical malpractice. The child’s case would usually have to be filed within three years of the malpractice. The right to file would not be delayed until the child’s 18th
Why Parents Might Need a California Child Injury Lawyer
Children often need additional support for years after a scary accident. Their injuries may appear to heal, and then flare up in their teen years and affect their development into adulthood. A skilled lawyer makes sure a judge understands the needs of the child, now and in the future, and works to maximize any settlement or judgment.
An experienced lawyer also makes sure families don’t miss important deadlines and have the facts about when the best time to file for the child will be.
Contact us to schedule a free, no-obligation case consultation if your child has been hurt by someone’s negligence. If your child needs our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for your child. Then our fee comes out of the check the insurance company must write for them.
