I am proud to say that California law does a terrific job in putting injured kids first when it comes to a personal injury claim. It does it in a number of ways. One the biggest ways it does this is by enforcing a court order for the settlement if the settlement amount is over a certain value. For example, any child injury case settlement worth more than $5,000.00, is automatically required to have a Court Order for the settlement to be valid.

What Does This Mean Exactly?

Well, first of all, it means a judge will sit "In Loco Parentis" which means as a "legal fiction parent" to act as an advocate for the best interests of the child in terms of making sure:

1. The settlement is fair and just for the child in terms of injury and value of the injury case; 

2. The settlement funds are placed safely in blocked account with a bank, or in a structured annuity to make lump sum payments to child over time;

3. The Guardian Ad Litem (usually one of the parents) understands that once the court order is issued, there is no going back and re-negotiating the settlement, and making sure the Guardian Ad Litem is the best pick for the child during the court hearing.

How California Law Factors In

California law extends out the statute of limitations until the child turns 18 years of age, and then the child has up to two years to either settle their injury case or have it filed in court. Effectively, the statute of limitations for an injured child in California is extended until the 20th birthday. This is great in case the parents forget to protect their child's legal rights within the normal time frame, and allows the child, as an adult to make the decision. Or, in case the parent or parents are just "missing in action" as being responsible parent, this extra time protects the child personal injury interests. 

In case the child injury claim goes to court inside of lawsuit, and it gets to "deposition." This is where a defense lawyer can take the deposition (recorded interview) of the injured child to answer questions about how they got injured, and thier medical care. Well, California law has legal codes governing how the defense lawyer can conduct questions of a minor child. For example, these legal codes protect the child from any harassing questions from rash or unsympathetic defense lawyer. 

Lastly, during the court approval hearing a Guardian Ad Litem is appointed by the judge. This person is usually one of the parents and their role is needed in order to represent the child's interest during the court approval hearing. They also bear responsibility in communicating with the child when they turn 18 how they will acquire their settlement funds - whether it is form a bank or a structured annuity. 

These are just a few ways on how California law protects injured kids in their personal injury cases. There are many other items I could talk about when it comes to Californai children personal injury cases.

If you've been injured in a car accident, you should speak to an experienced personal injury attorney as soon as possible. You can contact us online or call our office directly at 619-813-7955 to schedule your free consultation with our car accident lawyer. Our award winning team has been servicing clients since 1999 throughout San Diego, California.

Stay strong, Attorney Mark

Have You Been Injured In A California Car Accident?

If you've been injured in a car accident, you should speak to an experienced personal injury attorney as soon as possible. You can contact us online or call our office directly at 619-813-7955 to schedule your free consultation with our car accident lawyer. Our award winning team has been servicing clients since 1999 throughout San Diego, California.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney