Law Offices of Mark Blane, APC
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!
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