Posted on Monday, August 12th, 2019 at 5:02 pm    

When a child is injured, a parent’s first concern is the child’s wellbeing and health. However, if the child was injured because of the negligence or wrongdoing of another party, the child may have a personal injury claim. California child injury lawsuits are different from other types of personal injury lawsuits. In this blog, our California personal injury attorney discusses three important things parents need to know about child injury lawsuits in California.

1.  Children Cannot File a Lawsuit on Their Behalf

A child does not have the legal standing to file a personal injury lawsuit until the child reaches 18 years of age. A parent or legal guardian must file the personal injury lawsuit on behalf of the child.

2.  The Deadline for Filing Child Injury Lawsuits May Be Different from Other Personal Injury Lawsuit Deadlines

In most personal injury cases, the victim has two years from the date of the injury to file a personal injury lawsuit. In most medical malpractice cases, the victim has one year from the date of injury to file a lawsuit. If the case involves a government entity, a claim must be filed within six months to protect the victim’s right to file a lawsuit.

If the victim is a minor, the deadline to file a lawsuit for most personal injury claims is tolled or paused until the child reaches 18 years of age. The tolling of the statute of limitations is meant to give the child time to file a lawsuit once the child is an adult, if the child’s parents did not file a lawsuit on behalf of the child when he or she was a minor.

However, medical malpractice claims and some other personal injury claims have different rules for tolling the statute of limitations. Parents should consult a California personal injury attorney as soon as possible to discuss child injury lawsuits to avoid losing the right to file a lawsuit alleging medical malpractice or other injuries to a child.

3.  Settlements for Child Injury Cases Are Handled Differently from Settlements in Other Cases

If a child injury claim is settled, the court must approve the settlement. A Minors Compromise action is filed with the court to gain court approval to ensure that the settlement is in the best interest of the minor. If the settlement is approved, the court typically orders that the money is held in trust until the child reaches 18 years of age. The court usually allows parents or legal guardians to manage the funds if a settlement is approved for $5,000 or less, thereby avoiding a Minors Compromise action.

Contact a Sacramento Personal Injury Lawyer for More Information

If your child has been injured, we strongly recommend that you contact our office to discuss child injury lawsuits with an attorney. Different rules apply to cases involving minors. A mistake could result in your child losing his or her right to recover compensation for injuries and damages caused by another party.

Call The Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with one of our California child injury attorneys.

Client Testimonials

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

S.B. Testimonial
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!