Your child just got hurt in school, or maybe they were involved in a pedestrian accident near downtown Bakersfield. As a parent or guardian, you’re overwhelmed—not just emotionally but legally.
You want to ensure your child receives proper medical care and financial compensation, but the system feels complex and cold. Who can file a personal injury claim for a child in California?
Let’s explore what the law states, how the process functions, and how families like yours can safeguard their children’s rights and futures.
Can a Child File a Personal Injury Claim in California?
Children (minors under 18) cannot file legal claims independently in California. Instead, the law allows a guardian ad litem—typically a parent or legal guardian—to file a personal injury lawsuit or reach a settlement on the child’s behalf.
This is outlined in California Code of Civil Procedure section 372, which requires that:
- A minor must appear in legal proceedings through a guardian of the estate or a court-appointed guardian ad litem.
- Even if a guardian already exists, the court may still appoint a guardian ad litem if it believes the child’s best interests aren’t adequately represented.
- Settlements involving children must be reviewed and approved by the court to ensure fairness.
Who Can Serve as Guardian Ad Litem?
In most cases, either parent may serve as the guardian ad litem, especially if both parents live with the child. However, if only one parent has custody, only the custodial parent or legal guardian may sign any settlement agreements.
To appoint a guardian ad litem:
- A petition must be filed with the court.
- If another guardian exists (e.g., of the estate), they must be notified and allowed to oppose.
- The court must approve any proposed settlement or legal action involving the child.
Common Cases That Lead to Child Injury Claims
Children may be injured due to a wide range of incidents, including:
- Car Accidents: If your child was a passenger or a child in a car accident.
- School-related Injuries: Falls, sports injuries, or lack of supervision.
- Pedestrian Accidents: Common near crosswalks, school zones, and neighborhoods.
- Playground or Daycare Negligence
- Slip and Falls in public or private spaces.
- Dog Bites
Legal Considerations for Child Injury Claims
Filing a personal injury claim for a child involves more complexity than a typical adult case. Key factors include:
Legal Factor | What You Need to Know |
Statute of Limitations | The time limit is generally 2 years from the date of injury, but for minors, it’s often paused until the child turns 18. However, exceptions exist, especially for government entities or medical malpractice, so don’t delay. |
Guardian Ad Litem Required | Even if both parents agree, court approval is still mandatory for any settlement. |
Use of Settlement Funds | Courts often require the money deposited into a blocked account or a structured settlement to protect the child’s interests. |
Court Hearings | You may need to attend a brief hearing before a judge to finalize the agreement. |
Steps to File a Personal Injury Claim for a Child
Here’s how to start the process:
- Get Immediate Medical Attention: Keep all medical records. These will be crucial for your claim.
- Consult a Personal Injury Lawyer: Choose someone experienced in child injuries.
- File Petition to Appoint Guardian Ad Litem: Required for legal standing.
- Submit the Lawsuit or Settlement Proposal: With court supervision.
- Attend a Compromise Hearing (if needed): The judge protects the child’s best interests.
Why Legal Representation Is Crucial
A trusted child injury lawyer in Bakersfield can ensure:
- Proper court filings and deadlines are met.
- Settlement offers are fair, considering future costs of medical care, emotional distress, or loss of enjoyment.
- You’re not taken advantage of by insurance adjusters.
- Maximized recovery for physical pain, therapy, or long-term care for spinal cord injuries or traumatic brain injury.
What Damages Can Be Recovered?
A personal injury lawsuit for a child may include:
- Medical expenses (current and future)
- Therapy or rehabilitation costs
- Pain and suffering
- Loss of future income
- Diminished quality of life
Frequently Asked Questions
Only with court approval. Any offer must go through the legal process and be reviewed to ensure it’s in your child’s best interest.
Yes. If your child was injured at a public school, you must file an administrative claim with the school district, a government entity. Car accidents are typically handled through insurance claims and civil litigation.
You may still have a claim. Schools have a duty of care to protect students. Speak to an attorney immediately.
Yes, if they share custody. Otherwise, the custodial parent typically files.
You may be eligible for a wrongful death claim, unlike a standard injury case.
Time to Take Legal Action
Child injuries are traumatic, both emotionally and financially. Whether your injured child suffered a school-related injury, was a child in a car accident, or was involved in a pedestrian accident, your family deserves justice and clarity.
At Farahi Law Firm, a compassionate personal injury attorney can help you navigate every step, ensuring your child receives the maximum compensation they deserve. We offer a free, no-obligation consultation to assess your situation and help you understand your legal rights.
Contact our Bakersfield team today to get the guidance and support your family needs—your child’s recovery and future deserve nothing less.
