Your child was injured
because of someone else's negligence.
Children deserve full protection under California law — and the legal process for child injury claims has important rules that every parent needs to understand before proceeding.
When a child is injured, everything feels urgent and overwhelming at once. The medical concerns come first — as they should. But the legal decisions made in the weeks and months that follow have lasting consequences for your child's future.
Child injury cases in California are governed by specific rules that differ significantly from adult injury claims. Understanding these rules — before making any decisions about settlement or representation — is one of the most important things a parent can do.
"A child's injury claim belongs to the child — not the parents. California law protects that distinction in ways that directly affect how the case must be handled."
The two most important things to know from the start: California requires court approval for any settlement of a child's injury claim, and the statute of limitations for a child's claim generally does not begin running until they turn 18. Both of these rules exist to protect your child — and both require an attorney who understands how to navigate them properly.
No settlement of a child's injury claim is valid without a judge's approval.
Under California Probate Code Section 3500, a parent or guardian cannot accept a settlement on a child's behalf without court approval. This is not optional and cannot be waived. A judge must review the settlement terms, the attorney's fees, and the net recovery to ensure the outcome is fair and in the child's best interest.
This process protects children from being settled out cheaply by insurance companies dealing with parents who don't know what a case is really worth. It also means the settlement process takes longer — but the protection it provides is real and significant. We guide families through every step.
Car accidents — the most common cause of serious child injury
Children injured as passengers in car accidents are among the most frequent child injury clients we see. A child's injury claim is entirely separate from any adult claims arising from the same accident — it must be handled independently and is subject to its own valuation, its own timeline, and its own court approval process. Parents sometimes assume their own settlement covers the child. It does not.
Child passenger injuries often involve delayed symptom onset — particularly concussion and soft tissue injuries that may not be apparent until days after the accident. Prompt medical evaluation is essential — both for your child's health and for proper documentation of the claim.
School and daycare injuries
Injuries that occur at school, on school grounds, during school-sponsored activities, or at a licensed daycare facility create specific legal considerations. Public school districts are government entities — which means the six-month administrative claim deadline applies, regardless of the child's age for the tolling rule. This is a critical distinction that catches many families off guard.
The six-month government claim deadline applies to public school injuries — even for children.
While the general statute of limitations for child injury claims is tolled until age 18, the six-month deadline to file an administrative claim against a government entity — including public school districts — is not tolled for minors. If your child was injured at a public school or during a school-sponsored activity, you have six months from the date of injury to file an administrative claim. Missing this deadline permanently bars the claim. Contact an attorney immediately.
The damages that matter most in child injury cases
For children with serious injuries, future damages are often the most significant component of recovery. A child injured at age 8 faces decades of potential medical costs, therapy, and — in serious cases — diminished earning capacity over a lifetime. Properly documenting and projecting these long-term impacts requires experienced legal and medical coordination. Settling a child's case without fully accounting for future damages is one of the most common and most costly mistakes families make.
Two rules every parent must understand
California law gives children special protection in personal injury cases. These two rules affect every child injury claim — and most parents don't know about either of them until it's too late.
The Minor's Compromise
California Probate Code § 3500No settlement of a child's injury claim is valid without court approval. A judge reviews the settlement to ensure it is fair and in the child's best interest. Insurance companies cannot settle directly with parents — and parents cannot bind a child to a settlement without court approval. This rule protects your child from being settled out cheaply. We handle the entire court approval process on your behalf.
The Statute of Limitations Tolling Rule
California Code of Civil Procedure § 352The two-year statute of limitations for personal injury claims does not begin running for a minor until they turn 18. A child injured at age 6 has until age 20 to file a lawsuit. However, this is not a reason to wait — evidence disappears, witnesses move on, and the full impact of serious injuries is best documented close to the time of injury. The extended deadline protects the child. Acting promptly protects the case.
Important exception: The tolling rule does not apply to claims against government entities — including public school districts. The six-month administrative claim deadline applies to minors just as it does to adults. If a government entity may be responsible for your child's injury, contact an attorney immediately.
How child injury cases arise in Nevada County
Different circumstances — different legal considerations, different evidence, different defendants.
Car accident — child passenger
A child's injury claim from a car accident is entirely separate from any adult claims arising from the same crash. It must be independently valued, independently pursued, and separately court-approved. Parents often don't realize their settlement doesn't cover their child.
Public school injuries
Injuries at public schools, on school grounds, or during school-sponsored activities involve government entity liability. The six-month administrative claim deadline applies — not the standard two-year limit. Contact an attorney immediately if your child was injured at a public school.
Private school and daycare injuries
Private schools and daycare facilities have duties of care to the children in their supervision. Negligent supervision, unsafe facilities, and inadequate staffing can all give rise to liability. The standard two-year limitation applies — but evidence must be preserved immediately.
Playground and premises injuries
Dangerous playground equipment, unsafe surfaces, and poorly maintained play areas create premises liability. Property owners — including schools, parks, and private businesses — have a duty to maintain safe conditions for child visitors. Evidence from these scenes must be documented before repairs are made.
Child injury questions — answered plainly
Can I settle my child's case without going to court?
No — California law requires court approval for any settlement of a child's personal injury claim under Probate Code Section 3500. This is not optional. However, the minor's compromise process is typically straightforward when the settlement is fair. It is not a trial — it is a petition to a judge reviewing the terms. We handle the entire process.
How long does my child have to file a claim?
The general statute of limitations is tolled for minors — it does not begin running until your child turns 18. But this is not a reason to wait. Evidence disappears, witnesses become unavailable, and the full impact of serious injuries is best documented promptly. Also — if a government entity is involved, the six-month deadline applies even for children.
My child was injured at their public school. What are our rights?
Public school districts are government entities. You must file an administrative claim within six months of the injury — the tolling rule for minors does not extend this deadline. This catches many families off guard. If your child was injured at a public school or during a school activity, contact an attorney immediately.
The insurance company wants to settle quickly. Should we accept?
Almost never accept an early offer for a child's injury without consulting an attorney. Early offers frequently fail to account for future medical costs, long-term impacts, and the full extent of the child's damages. For serious injuries, future damages can be the largest component of recovery — and they can't be properly valued until the long-term picture is clearer.
What happens to the settlement money — does it go to the parents?
Settlement funds belonging to a child are subject to court oversight. Depending on the amount, funds may be placed in a blocked account until the child turns 18, or structured in other court-approved ways. The minor's compromise process addresses exactly how the funds will be protected and managed. This is another reason court approval matters — it ensures the money actually reaches your child.
Your child's future deserves
full and complete protection.
Free consultation. No obligation. Child injury cases have unique rules and deadlines that require prompt attention — call for an honest assessment of your child's rights and your family's options.
Call Michael: (530) 265-0186Prefer email? mp@phillipspersonalinjury.com | 305 Railroad Ave., Suite 5, Nevada City, CA