When a child is injured due to someone else’s negligence, the legal process is different from it is for adults. Whether the harm was caused by a car accident, unsafe premises, or a medical error, California recognizes that minors need special protection under the law. For this reason, the rules surrounding deadlines, settlements, and legal representation are not the same as they are for adults—and understanding these differences is critical to protecting a child’s future.
Parents and guardians often don’t realize that time limits still apply. While children do receive more time than adults under the law, waiting too long can still jeopardize a valid claim. Below, we explain how personal injury and medical malpractice cases involving minors work in California, as well as what families need to know before taking legal action.
How the Statute of Limitations Works for Minors in California
For most adults in California, the statute of limitations for personal injury is two years from the date of injury. However, minors receive extended protection because they cannot legally file a claim on their own.
Personal Injury Cases Involving Minors
In general, a child has two years from the date they turn 18 to file a personal injury lawsuit. This means the claim can be filed at any time until the minor reaches the age of 20.
This rule applies to accidents involving:
- Car, truck, or motorcycle collisions
- Pedestrian or bicycle injuries
- Playground or school-related incidents
- Dog bites
- Unsafe property conditions
However, this does not mean families should wait. Evidence disappears, memories fade, and insurance companies move fast to limit liability. Filing while the child is still a minor is often the strongest approach.
Medical Malpractice Cases Involving Minors
California applies a different standard for minors injured by medical negligence. Under California Code of Civil Procedure §340.5, a minor must file a medical malpractice claim:
- Within three years of the date of injury, or
- Before their 8th birthday, whichever period is longer.
That means:
- A newborn harmed at birth has until age 8.
- A 6-year-old who suffers a misdiagnosis generally has three years (until age 9).
- A 15-year-old harmed by surgical negligence must file within three years, not until they reach the age of 20.
The rules are strict, and missing the deadline—no matter how strong the case—usually prevents any recovery.
Who Files the Claim on Behalf of the Minor?
Because a child cannot legally represent themselves, the claim must be filed by:
- A parent
- A legal guardian
- A court-appointed guardian ad litem
Once the case is resolved, courts must approve settlements involving minors, even if both parties agree. This ensures the funds are protected and used for the child’s benefit, often through a structured settlement or blocked account.
Why It Is Critical to Act Early
Although minors are given additional time under the law, taking early action is still essential, especially in medical malpractice cases.
An attorney can:
- Obtain medical records and expert testimony
- Establish liability long before memories fade
- Protect the child’s ability to receive compensation for future care, lost earning capacity, and long-term medical needs
Waiting until a child turns 18 almost always weakens the case.
California Personal Injury Firm
At Peterson Injury Law, we understand the unique challenges families face when a child is injured. We provide compassionate guidance and aggressive advocacy to protect the child’s future—whether the harm was caused by negligent medical care, a preventable accident, or another form of misconduct. There are strict deadlines. Your child deserves answers—and justice. We’ll handle the legal fight. You focus on your child’s healing. Contact us today at (415) 630-2913 to get started.
