[Transcript]
Today's video question is: if a child is injured in California, how long does that child have to file a lawsuit against the at-fault party? We'd like to know more. Well, come on in and join me. My name is Mark Blane. I'm a San Diego personal injury trial attorney practicing law here in the state of California.
If a child is injured in California, their statute of limitations for filing a lawsuit against the entity or person that injured them is actually two years after they turn 18. So, if they're five years old, they have until they turn 18, and then two years from that date to settle the case or file a lawsuit. Effectively, the statute of limitations for children who are injured in California is tolled until two years after they turn 18.
That's the answer to that question. Obviously, the California legislature wanted it this way so the child and the child's parents have time to ensure all the necessary compensations for the child are made in a timely manner. Since children legally can't engage in contracts until they're 18, a settlement might sometimes be mishandled by unscrupulous parents. This statute helps ensure the parents adequately protect the child's injury rights. When the child turns 18, if those rights haven't been protected, the child can do so on their own.
So, that's the statute of limitations for children injured in California. Hopefully, this provides insight into what you might need to do for your child's injury case. Why do I share this with you? Because chances are you might be looking for information on this. I encourage you to pick up the phone and give me a call. My name is Mark Blane. I practice law here in San Diego. Telephone number is 619-813-7955. Email is mark@blanelaw.com. Have yourself a wonderful day. I'll be signing off here from San Diego. See you soon. Bye-bye.
San Diego California accident attorney Mark Blane discusses the time limitations to file a lawsuit on behalf of an injured child in California. If the child is injured by a private individual, usually, but not all the time, the statute of limitations is 'tolled' until the minor child reaches his or her 18th birthday. This means a two year statute BEGINS when the minor child turns 18 or what California law calls the "age of majority." Special time frame rules still apply depending on how the minor child got injured so it is best to speak with an experienced child injury lawyer on these aspects.
The reason the law has set it up this way is to disuade a unscrupulous parent from assuming direct control of the settlement funds which is for the benefit of the child. Some parents quickly forget the money their child obtains from an injury is their money and not the parent's money. The courts step in as an overseer of these funds and no early withdrawl of funds can occur without court approval. There are certain times when the court will allow a parent to withdraw early some or all of the funds as long as it directly benefits the child - please see my child injury page with more videos on this particular aspect!
Call me anytime with legal questions on these type of claims in California at (619) 813-7955! I welcome calls ALWAYS! If I don't take your case, I will try my very best to point you in the right direction with your injury claim!
California Statute of Limitations in Minor Children Cases
Our California child injury lawyer exclaims that every parent should be aware that under California law, the statute of limitations, i.e., the time that an injury case needs to be settled or a lawsuit needs to be filed in an appropriate court of law, is generally two years from the date of accident against a private party. If this is not done, then an injured party forever loses his or her legal right to recover for his or her pain and suffering and damages. However, for minor children, the two-year statute of limitations is tolled until the minor child reaches his or her 18th birthday. This means the two-year time clock does not begin ticking until the minor child’s 18th birthday is reached. You simply add two years from the 18th birth date of the injured child in order to figure out the statutory deadline.
Types of Evidence Needed to Settle a Child Injury Claim Successfully
If your child was injured in a car accident, slip and fall, or other child injury accident, they are relying on you to pursue their rights against the negligent party who caused their injuries. You will need to collect evidence if you want to win their case. Our San Diego child injury lawyer offers the crucial types of evidence that may help your case.
Evidence is the building block of a strong case, and you can never have too much of it. You will need evidence that proves the other party’s negligence, the seriousness of your child’s injuries, and the amount of compensation they are entitled to. Here are the types of evidence you should begin collecting right after your child’s accident.
Police or Incident Report
If your child was hurt in a motor vehicle accident, you should contact the police and obtain a copy of the police report. The police report will have helpful information, such as:
- Date, time, and place of the collision
- Details on how the crash occurred
- Driver and witness statements
- Officer conclusions as to who caused the wreck
- Any traffic citations issued
You should fill out and obtain a copy of an incident report if your child was injured in a slip and fall accident, daycare accident, or other types of personal injury accidents. Completing a report will put the property or business owner on notice of your child’s accident and claim. It will also contain helpful details about how the incident occurred while they are fresh in your mind.
Photographs
Use your cellphone camera to take photos of the scene where the accident occurred, damage to the motor vehicles or other property, your child’s injuries, and anything else you think would be helpful. Your photographs could be helpful in proving the other party’s negligence and can be compelling evidence to show a jury if your case goes to trial.
Witness Statements
You should obtain the contact information of any witnesses who saw how your child’s accident occurred. If you fail to do this, it may be difficult to contact an eyewitness who can help prove that the other party’s negligent actions caused the accident—getting a written statement from a witness soon after the incident is important since their memories may fade over time.
Medical Records
Having strong medical evidence is essential if you want your child to obtain the maximum recovery in their settlement. You will need to prove the seriousness of your child’s injuries, the treatments they need, their final prognosis for a full recovery, and the amount of medical expenses they should be reimbursed for in their settlement.
You should save their diagnostic test results, hospital records, doctor’s visit records, and medical bills. You may also have to retain a medical expert who can testify about how serious your child’s injuries are, what treatments they need and will need in the future, and whether they will fully recover from their injuries. If they have to live with permanent injuries, the expert can testify how this will affect their ability to work and their quality of life.
Employment Records
If your child was working at the time of the accident, you would want to save their paystubs. This would prove the lost wages they should receive while they are off work recovering from their injuries. They may be entitled to lost earning capacity damages if their injuries cause them to be permanently disabled.
Expert Witness Reports
You may need to hire other expert witnesses in addition to a medical expert to prove other aspects of your child’s case or resolve disputes with the negligent party’s insurance company. An accident reconstructionist, economic expert, and mental health expert are a few of the types of experts you could need to retain.
Schedule a Free Consultation With a San Diego Child Injury Lawyer Today
When your child has been seriously injured because of another's actions, you need to know the facts of the child injury process in the state of California, which our legal team can provide. Throughout your case, we can help you understand how the law protects injured children and what will be needed to recover the bodily injury settlement your son or daughter needs.
As a San Diego child injury lawyer, I'm dedicated to helping the families of California after their children have been injured because of another person's negligence. A child accident in California can often end with tragic results. Contact us today to schedule your free consultation or call us 619-813-7955. Our award-winning team has been servicing clients since 1999 throughout San Diego, California.
