Understanding How Long Children Have To File Personal Injury Claims: Guide To California Statute of Limitations For Injuries To

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Shaaban & Biedgoly

When a minor is injured in California due to someone else’s negligence, the legal landscape regarding personal injury claims becomes more nuanced than it is for adults. In most personal injury cases, the statute of limitations—the time frame in which a lawsuit can be filed—plays a critical role in determining if a claim can proceed. However, for minors, there are special rules in place that extend this period, offering more time for legal recourse. As a Folsom personal injury attorney, it’s essential to understand these specific regulations and how they can impact your child’s case.

What is the Statute of Limitations?

The statute of limitations refers to the time limit a plaintiff has to file a lawsuit after an injury occurs. In California, the general rule for personal injury cases involving adults is two years from the date of the injury. However, when it comes to minors—individuals under the age of 18—the law provides different provisions to ensure they have ample time to pursue justice once they reach adulthood.

General Statute of Limitations for Minors

Under California Code of Civil Procedure Section 352(a), minors are given special consideration in personal injury cases. The statute of limitations for minors is “tolled,” or paused, until they reach the age of 18. Once the minor turns 18, the two-year statute of limitations begins to run. In essence, minors have until their 20th birthday to file a personal injury claim, regardless of when the injury occurred. This extension applies to a wide range of personal injury cases, including those resulting from:

Key Exceptions to the Rule

While the tolling of the statute of limitations for minors is an important provision, there are several exceptions and nuances that can impact the timeline for filing a lawsuit. These include the following:

1. Medical Malpractice Claims Involving Minors

Medical malpractice claims involving minors have a specific statute of limitations that differs from general personal injury cases. According to California Code of Civil Procedure Section 340.5, a minor has three years from the date of the injury to file a medical malpractice claim, with the exception that if the child is under the age of six, the lawsuit must be filed within three years or before the child’s eighth birthday—whichever is longer.

For example, if a child is injured during birth or as a result of medical negligence when they are five years old, they would have until their eighth birthday to file a claim. It’s crucial to keep these distinctions in mind when pursuing a medical malpractice case on behalf of a minor.

2. Government Entity Claims

If a child’s injury was caused by the negligence of a government entity—such as in cases involving public schools, government-run hospitals, or accidents involving government vehicles—the timeline to file a claim is significantly shorter. Under California Government Code Section 911.2, a claim against a government entity must be filed within six months from the date of the injury. While the statute of limitations is still tolled for minors, the requirement to file an initial claim within this short period remains in effect.

If the initial claim is denied, the injured party then has six more months to file a lawsuit. This is a critical distinction that your personal injury attorneys should be aware of when dealing with injuries caused by government entities.

3. Intentional Harm or Assault

Under California Code of Civil Procedure Section 340.1, “There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault.” This extended timeline recognizes the complexities of these cases and the challenges victims face in coming forward.

The Importance of Acting Quickly

Even though the statute of limitations for minors is more lenient than it is for adults, it’s still important to act quickly when pursuing a personal injury claim. Key reasons for prompt legal action include:

  • Preservation of evidence: Evidence can disappear over time, including witness memories, surveillance footage, and physical evidence. The sooner a claim is initiated, the easier it is to gather this critical information.
  • Medical expenses: Injuries often come with costly medical bills that can strain a family’s finances. Pursuing a personal injury claim sooner rather than later can provide the compensation needed to cover medical expenses, lost wages (if a parent had to take time off work to care for the child), and other damages.
  • Expert evaluations: In some cases, expert testimony is needed to establish negligence or the extent of injuries. Securing expert evaluations early can make a significant difference in the success of the claim.

Seeking Compensation for Injured Minors

When a minor is injured due to someone else’s negligence, they are entitled to seek compensation for a variety of damages, just as adults are. However, the types of compensation available may differ slightly depending on the specifics of the case. Some common forms of compensation include:

  • Medical expenses: Compensation can be awarded for past, present, and future medical expenses related to the injury, including doctor visits, surgeries, rehabilitation, and specialized care.
  • Pain and suffering: Children are entitled to compensation for physical pain and emotional suffering caused by their injuries.
  • Loss of future earnings: If the injury affects the child’s ability to work in the future, compensation for loss of earning capacity may be available.
  • Disfigurement or permanent disability: If the injury results in scarring, disfigurement, or permanent disability, additional compensation may be awarded.

As a Folsom personal injury attorney, Shaaban & Biedgoly will thoroughly assess the long-term impact of the child’s injury to ensure that all relevant damages are considered.

The Role of a Guardian Ad Litem

When a personal injury claim is filed on behalf of a minor, a legal guardian or parent typically acts as the plaintiff in the case. This individual is known as the guardian ad litem. The guardian ad litem is responsible for making legal decisions on behalf of the child and ensuring that their best interests are represented throughout the litigation process.

In most cases, the court will need to approve any settlement reached in a personal injury case involving a minor. This approval ensures that the compensation awarded is fair and sufficient to cover the child’s needs.

Conclusion: Don’t Wait to Seek Legal Help

The statute of limitations for minors in California offers critical protections, allowing injured children and their families additional time to file personal injury claims. However, it’s important to recognize the exceptions to the general tolling rule, particularly in cases involving medical malpractice, government entities, or intentional harm. Acting promptly and consulting with a skilled Folsom personal injury attorney at Shaaban & Biedgoly can ensure that your child’s rights are protected and that you can pursue the compensation needed for their recovery.

If your child has been injured in an accident or due to someone else’s negligence, don’t wait to seek legal advice. Even with the extended time frame provided by California’s tolling rules, early intervention is crucial to preserving evidence, securing expert opinions, and ensuring that your child’s case is as strong as possible.

Contact Shaaban & Biedgoly today for a FREE consultation regarding your child’s injuries.