Injury claims involving children
A child's claim runs on different rules in almost every respect: who brings it, how long there is, how it is settled, and where the money goes. The rules exist because children cannot protect their own interests, and they work.
The clock
A parent's own derivative claim — for medical expenses they paid — is not tolled by the child's minority either and runs on the ordinary two years.
Who brings it, and court approval
A minor cannot sue in their own name. A parent or another adult acts as guardian ad litem, appointed by the court, to bring the claim on the child's behalf.
More importantly, a minor's settlement is not final until a court approves it. The petition for approval of a minor's compromise requires the court to review the injury, the treatment, the recovery, the attorney's fees and how the money will be held, and to decide whether the settlement is in the child's interests. Judges do reject settlements they consider inadequate.
Attorney's fees in a minor's case are set by the court rather than fixed by the agreement, and courts commonly approve less than the standard contingency percentage.
Where the money goes
Not to the parents. Net proceeds are typically placed in a blocked account at a financial institution, from which no withdrawal can be made without a court order, and which is released to the child at eighteen. Alternatively the court may approve a structured settlement paying out over time, often beginning at eighteen and continuing through the twenties — frequently a better arrangement for a large recovery.
Parents sometimes find this frustrating, and it is worth saying plainly that the restriction protects the child from everyone, not from any particular parent.
Why rushing a child's claim is the worst mistake available
Children heal well, which makes early settlement tempting. The problem is that some injuries cannot be evaluated until growth is finished.
- Growth plate fractures can cause limb length discrepancy or angular deformity that only becomes apparent years later.
- Facial scarring changes as the face develops, and definitive revision is usually deferred until growth is complete. See scarring and disfigurement.
- Brain injury in a developing brain may not show its full effects until the child reaches the stage where the damaged function is normally required — sometimes years after the injury.
- Psychological effects after a frightening event, particularly a dog attack, frequently emerge later.
The tolling rule exists in part to allow that waiting. Using it is often the single most valuable decision in a child's claim.
Questions people ask
How long does my child have to bring a claim?
Generally until two years after their eighteenth birthday, because the limitation period is tolled during minority under Code of Civil Procedure section 352(a). The critical exception is a claim against a public entity, where a parent or guardian must present a written claim within six months regardless of the child's age.
Do we need court approval to settle?
Yes. A minor's settlement requires court approval through a petition for approval of a minor's compromise, at which the court reviews the injury, the treatment, the amount, the fees and how the funds will be held. Judges do reject settlements they consider inadequate.
Can we use the money for the family's expenses?
No. Funds are normally placed in a blocked account that cannot be touched without a court order and is released at eighteen, or into a structured settlement. The restriction exists to protect the child's recovery from everyone.
Should we settle now while the injury seems minor?
Usually not. Growth plate injuries, facial scarring and brain injuries in a developing child can all take years to show their real consequences, and a settlement is final. The tolling rule exists partly to allow that waiting, and using it is often the best decision in a child's case.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
Find out where you stand.
Tell us what happened and we will tell you honestly whether you have a claim worth bringing, what it is likely to involve, and how long it tends to take. The review is free and there is no fee unless there is a recovery.