When a child is an injured party in a personal injury case, the rules surrounding personal injury claims will deviate from the norm. Under California law, children cannot file lawsuits against those who wrong or injure them. As a result, an injured child’s personal injury claim must be brought by a court-appointed guardian ad litem. The statute of limitations for personal injury claims is two years in California, but injured children typically have until their twentieth birthday to file a personal injury claim.
If your child has been injured, you should consult with an experienced lawyer right away because there are certain exceptions to the rules surrounding child injury claims. At Setareh Law, our talented personal injury lawyers understand the unique rules that apply to child injury claims. Cases involving children can be quite sensitive, and we know how to handle your child’s case with care. We want to help you hold the responsible party liable for injuring your child.
Who Can Bring a Personal Injury Claim on Behalf of an Injured Child?
In a typical personal injury case, the injured victim will bring a lawsuit against the liable party. Children are unable to bring lawsuits or negotiate settlements; therefore, the court will appoint a person to represent the child in a personal injury lawsuit. This representation comes in the form of a guardian ad litem. The role of guardian ad litem is usually filled by the child’s parent or legal guardian, but there are some circumstances in which the court will appoint a different adult for the role. The guardian ad litem will file the lawsuit, represent the child, and sign legal documents on the child’s behalf.
The guardian ad litem must always act in the child’s best interests. The guardian ad litem is essentially standing in for the child in a legal capacity. Even if the guardian ad litem is the child’s parent, the guardian ad litem will not have access to any compensation recovered from the liable party. For example, all damages or settlement money will be set aside for the injured child, and this money should not be touched until the child is twenty-one years old. Should the child’s parents wish to withdraw any amount of the awarded money before the child is twenty-one, they must obtain the court’s permission first. Often, the funds are transferred to the child once they reach the age of twenty-one.
Other Differences Between Child Injury Cases and Typical Personal Injury Cases
In addition to the requirement of a guardian ad litem, child injury cases contain other differences from regular personal injury cases. Because children are more vulnerable than adults, the courts tend to have more stringent rules surrounding lawsuits involving children. For example, a judge must approve any settlements involving a minor. This safeguard is in place to ensure the settlement was made in the child’s best interest.
Another major difference between child injury claims and regular personal injury cases is the statute of limitations. The regular statute of limitations for personal injury claims is two years in California. In general, the statute of limitations for child injury claims is tolled until the child turns twenty. This allows the child and their family to observe how the child’s injuries actually affect the child’s development and future. However, the statute of limitations is not tolled in every circumstance, so you should consult with a personal injury lawyer as soon as possible after your child’s injury to determine the best course of action. Additionally, it may be beneficial to work with a lawyer and gather important evidence when it is easily attainable rather than waiting until the claim is filed years later.
Contact the Dedicated Personal Injury Lawyers With Setareh Law Today if Your Child Wrongfully Suffered an Injury
Parents never want to see their children experience painful injuries, but accidents unfortunately happen all too often. Fortunately, personal injury claims can be filed on behalf of injured children. Lawsuits involving children differ from typical personal injury cases. For example, two of the significant differences between standard personal injury claims and those involving injured children are who can bring the claim and how the statute of limitations is handled. Our team of experienced personal injury lawyers would be happy to discuss the facts of your case today, and we want to hold the responsible party liable for injuring your child.
At Setareh Law, our attorneys know how to handle child injury cases carefully and successfully. Contact us, in English or Spanish, by calling (310) 659-1826 or by filling out our contact form to schedule a consultation today.