What Changes in Minor Injury Claims
Minor injury claims in California follow the same basic fault rules as adult claims, yet several procedural steps change because a child cannot act alone. A guardian ad litem usually represents the child in court. Any settlement of the child’s disputed claim generally needs court approval.
Filing deadlines can also work differently. So families should expect extra paperwork and a court hearing before money reaches the child.
The Guardian ad Litem
Under Code of Civil Procedure section 372, a court may appoint a guardian ad litem to act for a minor in a lawsuit. That person is often a parent. The courts provide a form, the Application and Order for Appointment of Guardian ad Litem, for this step.
The guardian ad litem makes decisions for the child in the case and must act in the child’s interest. Courts expect that person to avoid conflicts. For example, a parent who caused the crash may not be the right choice.
Court Approval of Settlements
Probate Code section 3500 generally requires court approval to settle a minor’s disputed claim. Families usually file the Petition to Approve Compromise of Disputed Claim. The judge reviews the settlement amount, attorney fees, medical liens and the plan for holding the money.
California’s Rules of Court guide that review, including approval of attorney fees. The money often goes into a blocked account, an annuity or another protected arrangement until the child turns 18. Then the child generally gains access at that age, unless the court orders otherwise.
Parent Claims and Child Claims
Two sets of losses often exist. The child has claims for pain, scarring, emotional effects and future losses. Parents may have their own claim for medical bills they paid. Keep those separate in records, because they may follow different rules and deadlines.
Deadlines in Minor Injury Claims
Code of Civil Procedure section 352 generally pauses the filing deadline while the injured person is a minor. However, it has key exceptions. Section 352(b) excludes claims that first require a government claim, so a child hurt by a public agency may face the usual six month claim deadline. A late claim application may be available in some cases under the Government Claims Act.
Medical negligence claims for minors follow their own rule under Code of Civil Procedure section 340.5. For children under six, the deadline can extend to the eighth birthday or three years, whichever is longer. So check each claim’s deadline separately. For general timing, see California injury filing deadline.
A Child’s Own Conduct
California judges a child’s conduct against what a reasonably careful child of the same age, intelligence, knowledge and experience would do. CACI 402 describes that standard, and the instructions appear on the California Courts site. A child engaged in an adult activity, such as driving, may face the adult standard.
Documenting Minor Injury Claims
Children change quickly, so photos and records matter. Take pictures of injuries over time. Keep school records, notes from teachers and records from counselors. Also track missed school, missed activities and changes in sleep or behavior.
Future effects matter more for children, since they may live with scars or limits for decades. Ask doctors about long term outlook and put their answers in writing.
Hearings in Minor Injury Claims
Approval hearings are usually short. The judge may ask the parent or guardian ad litem a few questions about the injury, the child’s recovery and the proposed settlement. Some courts approve petitions without a hearing when the paperwork is complete. Others require the child to appear, especially when the injuries are serious.
Preparation helps. Bring recent medical records and any doctor’s statement about the child’s recovery. If the judge has concerns, such as a fee that seems high or a lien that seems unreduced, the court may ask for changes before approving. That review exists to protect the child, so treat it as a safeguard rather than an obstacle.
After approval, follow the order closely. Deposit the funds as directed and file any required proof with the court.
Insurance and Family Members
Sometimes the at fault person is a relative, such as a grandparent who was driving. Families may hesitate to pursue a claim. Yet the claim usually goes against the insurance policy, not the relative’s personal savings. Talk through these concerns openly with a lawyer.
Common Situations
- Car crashes with a child passenger
- Pedestrian or bicycle collisions near schools
- Dog bites at a neighbor’s home
- Falls at playgrounds, pools or stores
Each one raises its own questions about fault, insurance and deadlines. For related topics, see the site’s guides on California dog bite liability and crosswalk accident liability.
When the Child Turns 18
At 18, the child generally becomes an adult for legal purposes. If no one has filed a claim yet, the young adult may take control of it, subject to the applicable deadline. Then any blocked funds usually become available. Families can prepare by explaining the money and its purpose before that birthday arrives.
This article is general information, not legal advice. Laws change and every situation is different.