When your child is injured, whether it’s at school, in a car accident, or at daycare, your world comes to a standstill. There’s nothing more frightening than getting a call that they’re in Emergency or learning they need immediate medical attention. As you’re faced with costly bills and your child’s physical and mental health issues, you may wonder if you can file a personal injury claim or lawsuit against the at-fault party for negligence or misconduct.
As a parent, you have the right to seek compensation for your child's injuries when someone else's negligence caused them harm. The experienced Orange County child injury attorneys at Case Barnett Law know that after your child’s accident, you’ll have many questions and need help and guidance during a difficult time. Here, we discuss how to help protect your child’s legal rights and obtain fair compensation when they’ve been injured by a negligent party.
Who Can File a Child Injury Claim on Behalf of a California Minor
If your child was injured due to another person’s misconduct or negligence, they can’t take legal action on their own. They can’t sign settlement contracts, file a personal injury claim for damages, or file a lawsuit. Instead, California law mandates the appointment of a guardian ad litem to represent the minor's interests in a personal injury claim. Typically, this is a parent or legal guardian, but if the parents are separated, the custodial parent usually assumes this role.
The Role of the Guardian Ad Litem
Although the appointed guardian ad litem is usually a parent or legal guardian, there are also situations where a nonparent may need to be appointed. The guardian ad litem has no legal right to any of the money the minor is awarded and maintains their role until the minor reaches 18. The court may at any time replace the guardian ad litem if it feels the person is not acting in the minor’s best interests.
California law has special requirements that ensure the child receives the settlement or judgment. These requirements include the following:
- The minor's settlement money belongs to them, not their parents or guardians.
- Parents and guardians must get permission from the court to withdraw money from the settlement.
- The court will usually place the settlement money in a blocked account.
- The law only allows the settlement funds to be transferred to the minor when they turn 21.
How Child Injury Claims Differ From Other Injury Claims
Under California law, children have special protections because of their vulnerability and inability to protect themselves. There are some key points to know about how child injury cases are different from other types of injury cases, including the following:
- Extended statute of limitations for cases involving minors. The statute of limitations refers to a specific time frame within which you must file a lawsuit in court against the at-fault party responsible for your child's injury. If you do not file in time, your case will be barred from proceeding in court. In California, the statute of limitations for child injury cases is two years from the child's 18th birthday. This means an injured child typically has until their 20th birthday to file a claim. However, it is essential to note some exceptions to this rule for medical malpractice cases, sexual abuse cases, and those involving public entities. That’s why it’s important to obtain an Orange County child injury attorney, in case your claim falls into one of these categories.
- Child injury cases involve different damage claims. Attorneys typically argue for damages such as bodily injury, property damages, general damages, and punitive damages. However, different damages can be claimed in a child injury case. Although a child may not have a job when they’re injured, you can argue for loss of future income if the child’s ability to work has been impacted. Additionally, you can argue for pain and suffering. Even if your child recovers physically, they may be left with mental and emotional trauma. These scars can last for years.
- A judge has to approve the settlement. Once your attorney reaches a settlement with the defense, a judge must examine and approve the settlement before the child is compensated. This applies to all California cases involving children.
Understanding the Statute of Limitations for a Minor
When a potential claimant is a minor, they have until two years after their 18th birthday to file a lawsuit in court. This pause or delay in the statute of limitation is referred to as “tolling” the statute of limitation. Tolling is a legal doctrine that allows for the pause or delay of the running of the period of time set forth by a statute of limitation. This gives families more time to understand the full impact of the child’s injuries and how they may affect development and future opportunities. It also gives the child time to reach adulthood and decide if they want to pursue a lawsuit.
Even though the statute of limitations gives you additional years to take action, it’s never a good idea to wait too long to obtain legal counsel to help with your claim. If too much time passes, critical evidence can be lost, and witnesses can forget key details of what happened. Our lawyers advise parents to act promptly. Building a strong case is easier when the evidence is fresh and witnesses' memories are clear. It’s important not to let the extended deadline lull you into a false sense of security.
What Parents Should Know: How California Law Protects Injured Children
If your child is injured, it’s important to understand how California law helps protect them and how those laws may help your personal injury claim:
- California law requires court approval for any settlement over $5,000 involving a minor. The court reviews proposed settlements to ensure they serve the child's best interests.
- Children receive special protection through the "attractive nuisance" doctrine. This legal principle holds property owners responsible for securing dangerous conditions that might attract curious children, such as swimming pools, construction sites, or abandoned vehicles.
- The standard of care is higher when children are involved. Drivers must exercise extra caution near schools and playgrounds. Property owners must take additional precautions if children are likely to be present on their property.
- Parents may be able to recover damages for their own losses, including medical expenses they've paid and wages lost while caring for their injured child.