If your child was hurt because of someone else's carelessness in California, you already have enough to worry about. Medical appointments, missed school, and a frightened kid at home. The last thing you need is confusing legal rules standing between your family and fair compensation.
This guide explains exactly how California handles personal injury claims for children, from the moment you file through the court-approval process that protects your child's settlement money.
Quick-answer summary:
- A parent or guardian must file the claim on the child's behalf.
- Settlements over $5,000 net require a judge's approval before any money can be paid out.
- Settlement funds are usually placed in a blocked account the child cannot access until age 18.
- The filing deadline is generally paused while the child is a minor, but government-entity claims are a critical exception.
- An attorney is not legally required, but a judge must independently confirm the settlement is fair for the child.
If your child was injured and you have questions about your specific situation, call (818) 794-9947 for a free consultation. No fee unless we win.
How Injury Claims Work When the Victim Is a Child
A personal injury claim for a child works much the same way as one for an adult. It can arise from a car accident, a dog bite, a slip and fall, a school incident, a defective product, or any other situation where someone's negligence caused harm. The injured party has the right to seek compensation for medical bills, future medical care, pain and suffering, and other damages.
The difference is legal capacity. Under California law, a minor cannot bring a lawsuit or enter a legally binding settlement on their own. A child under 18 years old does not have the legal standing to file a case in court or sign documents that bind them to an outcome.
That is where a parent or guardian steps in.
In California, a parent or guardian must file a personal injury claim on behalf of a child because minors under 18 cannot file a lawsuit on their own.
The claim itself names the child as the injured party. The parent or guardian acts as the child's legal representative throughout the process.
Why a Parent Files on the Child's Behalf
California law creates a formal role for this representative. Under Cal. Code of Civil Procedure §372, a minor must appear in court through a guardian ad litem. A guardian ad litem is a person the court appoints to represent the child's legal interests in the lawsuit.
In most cases, the court appoints one of the child's parents as the guardian ad litem. The appointment is a formal step in the case, and it comes with a real responsibility: the guardian ad litem must act in the child's best interest, not in the interest of other family members or their own convenience.
This matters more than it might seem. A parent and child can sometimes have different interests in a case. For example, a parent might want to settle quickly to cover immediate medical bills, while the child's long-term interests may call for a larger, more carefully structured settlement. The court-approval process exists precisely to resolve that tension in the child's favor.
The Court-Approval Process That Protects a Minor's Settlement
This is the rule that surprises most parents: even if you and the at-fault party have agreed on a number, that agreement is not final. A judge must review and approve any settlement that resolves a minor's personal injury claim.
Any California settlement that resolves a minor's personal injury claim for more than $5,000 net must be reviewed and approved by a judge before the money can be released.
The governing statutes. California Probate Code §3500 and Cal. Code of Civil Procedure §372 together establish the court-approval requirement. If the proposed settlement is for $5,000 net or less, the parent or guardian may settle without formal court approval. For any net settlement above that threshold, a petition must be filed.
What the petition includes. Your attorney prepares a petition for minor's compromise. It describes the incident, the injuries, the medical treatment, all costs and attorney fees, and the net amount the child would receive. The petition must also explain why the proposed settlement is in the child's best interest.
What the judge looks at. The judge reviews the full picture independently. They are not simply rubber-stamping what the adults agreed to. If the judge believes the amount is too low for the severity of the injuries, they can reject the petition. If they approve it, the settlement becomes binding, and the funds are then managed under court supervision.
Where attorney fees fit in. Attorney fees in a minor's case must also be approved by the court as part of the petition. California courts routinely scrutinize fees to make sure the child's net recovery is fair.
How and Where a Child's Settlement Funds Are Held
Once a judge approves the settlement, the money does not simply go into a family checking account. California law imposes rules on where and how the funds are held until the child reaches adulthood.
A minor's settlement funds approved by a California court are typically placed in a blocked account that the child cannot access until turning 18, unless a judge orders an early distribution for specific needs.
Blocked accounts. The most common arrangement is a blocked bank account in the child's name. The funds are deposited, and the account is formally restricted. No one, including the parent, can withdraw money from it without a court order. When the child turns 18, they gain full access to the funds.
Structured settlements. In cases involving larger amounts or long-term care needs, a structured settlement annuity may be used instead of a lump sum. The insurance company purchases an annuity that pays out to the child over time. Payments may start at age 18 or be scheduled around milestones like college or medical costs.
Early distributions. If the child has ongoing medical needs that require money before they turn 18, the guardian or parent can petition the court for an early release of funds for that specific purpose. The court evaluates whether the request is genuinely in the child's interest.
The common thread in all of these arrangements is court supervision. The purpose is straightforward: the money belongs to the child, and California wants to make sure it is still there when the child is old enough to use it.
Why Children Often Have More Time to Bring a Claim
One of the most important protections California provides for injured minors is a generous statute of limitations.
The statute of limitations for a minor's personal injury claim in California is generally tolled, meaning paused, while the child is under 18, so the filing clock does not start until the child's 18th birthday.
"Tolled" means legally paused. Under California law, the standard two-year personal injury statute of limitations does not run against a minor while they are still under 18. The clock typically begins when the child turns 18 and then runs for two years from that date.
In practical terms, a child who is injured at age six has until age 20 to file a lawsuit, not until age eight. This gives families time to focus on recovery without feeling rushed into a legal process before the child's condition is fully understood.
The critical exception: government entities.
If the responsible party is a government agency, a city, a school district, or any other public entity, a special rule applies and the tolling protection does not save you from missing an administrative step.
When a government agency caused the injury, a parent or guardian must file a government tort claim within six months of the incident, even though the child's lawsuit deadline is tolled.
Under the California Government Claims Act, a written government tort claim must be filed with the responsible public entity within six months of the incident. Missing that deadline can bar the family from ever bringing a lawsuit, regardless of how serious the child's injuries are.
This is one of the most common and costly mistakes families make. If a school, a city bus, a public park, or any government-run facility was involved in your child's injury, contact an attorney immediately. Do not wait.
How to Protect Your Child's Health and Future Recovery
The legal process matters, but your first priority is your child's physical recovery and long-term wellbeing. Here is what the cases we handle tell us families should focus on:
Get complete medical documentation from day one. Every doctor's visit, every diagnosis, every follow-up appointment creates a record of how serious the injury was and what care it required. Gaps in that record can hurt your child's claim later.
Do not accept a quick settlement offer without legal review. Insurance companies sometimes approach families quickly after a child's injury, especially when the injury looks straightforward. Accepting an offer before the full extent of the injury is understood, including future care costs, can leave your family without the resources the child will need.
Consider the long-term picture. A settlement that looks adequate today may fall short ten years from now if the injury has lasting effects. An attorney can help build a case that accounts for future medical care, educational impact, and pain and suffering over the child's lifetime.
Understand who bears the legal responsibility. Depending on how the injury happened, there may be more than one responsible party. A defective product, a negligent property owner, a careless driver, and a distracted school employee could each carry a share of liability.
Work with an attorney who understands the petition process. The minor's compromise petition is a specialized court filing. An attorney who handles it regularly knows what judges look for and how to structure the petition to give it the best chance of approval on the first submission.
We've recovered over $150,000,000 for injured Californians since 2014. We handle every case as if it were going to trial, because that preparation is what produces serious settlements. If your child was hurt due to someone else's negligence, call (818) 794-9947 for a free consultation. No fee unless we win.
FAQ
How does a personal injury claim work for a child in California?
A child cannot file a lawsuit on their own. A parent or guardian files the claim as the child's guardian ad litem under Cal. Code of Civil Procedure §372. The claim pursues compensation for medical expenses, pain and suffering, and other damages caused by someone else's negligence. Any settlement above $5,000 net must be approved by a California court before it becomes binding.
Why does a minor's settlement need court approval in California?
California law requires court approval to protect the child's interests. A judge reviews the settlement independently to confirm the amount is fair given the severity of the injuries, that attorney fees are reasonable, and that the net recovery is being handled correctly. The court's role is to make sure no adult, including the parents, takes advantage of the child's inability to represent themselves.
Who controls the settlement money for a child?
The money belongs to the child, not the parents. After court approval, the funds are typically deposited into a court-supervised blocked account in the child's name. No one can withdraw the money without a court order. When the child turns 18, they gain full access. If there are ongoing medical needs, a parent can petition the court for an early partial distribution for that specific purpose.
How long does a minor have to file an injury claim in California?
The standard two-year personal injury statute of limitations is generally tolled while the child is under 18. The clock typically begins on the child's 18th birthday and runs for two years. However, if a government entity was responsible, a government tort claim must be filed within six months of the incident regardless of the child's age. That six-month deadline is not tolled.
What is a guardian ad litem?
A guardian ad litem is a person the court appoints to represent the legal interests of a minor in a lawsuit. In most personal injury cases involving a child, one of the parents is appointed guardian ad litem. They sign documents, make decisions about the case, and have a legal duty to act in the child's best interest rather than their own.
What if the injury happened at school or on a school bus?
If a public school district or its employees were responsible, the case involves a government entity. A government tort claim must be filed with the school district within six months of the incident. Missing that deadline typically bars any lawsuit regardless of how serious the injury was. An attorney should be consulted as soon as possible after any school-related injury.
Do I need an attorney for a minor's injury claim?
An attorney is not legally required, but the minor's compromise petition is a detailed court filing that judges scrutinize closely. Courts will independently review whether the settlement is fair. An experienced attorney understands what evidence to present, how to document the child's future care needs, and how to structure the petition for approval. Families that navigate this process without legal help often leave money on the table.
What injuries are most commonly involved in California children's injury claims?
California children's injury claims arise from many situations, including car accidents, bicycle accidents, pedestrian injuries, dog bites, playground or school accidents, sports injuries caused by equipment defects, slip and fall incidents on a property, and injuries from defective consumer products. The nature of the injury does not change the court-approval requirement for the settlement.
Can both parents and child receive separate compensation?
Yes. Parents may have their own separate claims for damages such as medical expenses they paid on the child's behalf and loss of the child's companionship if the injury was severe. These parent claims are distinct from the child's claim. Each is resolved separately, and only the child's portion requires the minor's compromise court approval.
What happens if the child's injuries are not fully known at settlement time?
This is one of the strongest reasons to avoid settling quickly. Once a settlement is approved and the child turns 18 and accesses the funds, there is generally no way to reopen the claim. A thorough medical evaluation and, in serious cases, a life-care plan prepared by a medical expert can help establish what the child will actually need over their lifetime before any settlement is agreed upon.
If your child was injured in California and you are trying to figure out what to do next, every day matters. Call (818) 794-9947 for a free consultation with a California personal injury attorney. No fee unless we win. Available in English and Spanish.
Reviewed by Minas Nordanyan, CA Bar #296806. Last reviewed July 2026.