Are There Special Considerations for Personal Injury Claims Involving Children in California?

Michael Waks

3 months ago

When a child is injured in an accident, the legal process for pursuing a personal injury claim can become more complex. In California, there are special considerations and procedures in place to protect the rights and interests of minors involved in personal injury cases. Here’s what you need to know about navigating personal injury claims involving children in the Golden State.

Guardian Representation

Guardian Ad Litem: In California, minors are not legally permitted to file lawsuits or make legal decisions on their own behalf. Instead, a guardian ad litem, typically a parent or legal guardian, must act on the child’s behalf in legal matters.
Court Approval: Any settlement reached in a personal injury case involving a minor must be approved by the court to ensure that it is fair and in the child’s best interests.

Statute of Limitations

Tolling of Statute: The statute of limitations for personal injury claims involving minors is typically tolled, or paused, until the child reaches the age of 18. This means that the clock for filing a lawsuit does not start ticking until the child turns 18.
Exceptions: There are exceptions to this rule in cases involving government entities, so it’s essential to consult with an attorney to understand the specific deadlines that may apply to your case.

Structured Settlements

Structured Settlements: In some cases, particularly those involving substantial settlements or awards, the court may order that the compensation be paid out over time through a structured settlement rather than a lump sum.
Protecting the Child’s Interests: Structured settlements can help ensure that the child’s long-term financial needs are met and provide a steady stream of income for future medical expenses, education, and other necessities.

Court Oversight

Judicial Review: Personal injury settlements involving minors must undergo judicial review to ensure that they are fair and reasonable. The court will consider factors such as the extent of the child’s injuries, the long-term impact on their life, and the proposed distribution of the settlement funds.
Appointment of Guardian ad Litem: The court may appoint a guardian ad litem or independent attorney to represent the child’s interests during the settlement approval process.

Conclusion

Navigating a personal injury claim involving a child in California requires careful attention to legal procedures and considerations. From appointing a guardian ad litem to seeking court approval for settlements, there are specific steps that must be followed to protect the child’s rights and interests. If your child has been injured in an accident, consulting with an experienced personal injury attorney is crucial. An attorney can guide you through the process, advocate for your child’s rights, and help ensure that they receive fair compensation for their injuries and damages.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.