Children as Injury Victims in Irvine: Key Rules
When a child is injured in a car accident, the legal claim is handled differently from an ordinary adult injury case. A parent may need to make important decisions about medical care, insurance communications, evidence, and settlement while also protecting the child’s long term interests. An Irvine car accident lawyer can investigate the crash and explain the special procedures that apply when the injured person is under 18.
California law gives minors important protections during personal injury cases. A child generally does not handle a lawsuit or approve a settlement alone, and court involvement may be required before settlement money can be released.
A Child’s Claim Belongs to the Child
Parents often communicate with the insurance company because the injured child cannot manage the claim alone.
However, the child is still the injured person.
The claim may involve the effects of:
• Emergency medical treatment
• Ongoing medical care
• Physical pain
• Permanent injuries
• Future treatment
• Emotional distress
• Changes in normal activities
The seriousness of a child’s injury should not be judged only by the first emergency room visit.
Some injuries require continued medical observation before the full effects become clear. Parents should keep records of medical appointments, symptoms, school absences, physical restrictions, and changes in the child’s normal activities.
A Minor Needs an Adult Representative in a Lawsuit
A child generally cannot appear in a California civil lawsuit in the same way as an adult.
California Code of Civil Procedure section 372 provides that when a minor is a party, the minor generally appears through a guardian or a guardian ad litem appointed by the court. The representative acts to protect the minor’s interests during the case.
A guardian ad litem is not automatically the same thing as having custody of the child.
The appointment is connected to the legal case. In many injury claims, a parent asks to serve in this role.
The representative may work with the attorney on matters involving:
• The lawsuit
• Evidence
• Medical documentation
• Settlement decisions
• Court approval
The goal is to make sure that an adult is legally acting for the child while the claim is pending.
Evidence Should Be Preserved as Early as Possible
A child injury claim still requires evidence showing how the accident happened.
Important evidence may include:
• Traffic collision reports
• Photographs of the vehicles
• Accident scene photographs
• Dashcam video
• Surveillance footage
• Witness statements
• Medical records
• Medical bills
Parents should not assume that the insurance company will collect every piece of useful evidence.
Video can disappear. Vehicles can be repaired. Witnesses can become difficult to locate.
Early investigation can become especially important when the other driver disputes fault or claims that someone else caused the crash.
Insurance Companies May Still Dispute a Child’s Injuries
The fact that the injured person is a child does not mean the insurance company will automatically accept the claim.
An insurer may still dispute:
• Who caused the accident
• Whether the crash caused the injuries
• Whether treatment was necessary
• Whether symptoms existed before the accident
• Whether future care will be required
Children can also have difficulty describing pain and symptoms in the same detail as adults.
Parents should avoid coaching a child or exaggerating what happened. Accurate medical records and honest documentation are more useful than trying to create the strongest sounding description of the injury.
Settlement Requires Special Protection for the Child
A parent generally cannot simply sign an ordinary settlement release and personally take control of a child’s injury recovery.
California law provides special procedures for resolving a minor’s claim. The Orange County Superior Court explains that a parent or guardian ad litem may compromise the child’s claim, but a minor cannot sign away the claim alone. Court approval is generally required for the settlement.
The process is commonly called a minor’s compromise.
The court may review information concerning:
• The settlement amount
• The child’s injuries
• Medical expenses
• Medical liens or reimbursement claims
• Attorney fees and costs
• The amount that will remain for the child
The purpose is to protect the child before the claim is permanently resolved.
Settlement Money May Be Protected Until Adulthood
After approving a minor’s settlement, the court may also decide how the child’s money will be protected.
The Orange County Superior Court explains that settlement funds are often placed into a blocked bank account. Money in a blocked account generally cannot be withdrawn without a court order, and funds needed before age 18 may require a separate request for permission.
Depending on the case, other arrangements may also be considered.
Parents should not assume that settlement money will simply be paid directly to them for unrestricted use.
The recovery belongs to the child, and the legal process is designed to protect it.
The Usual Deadline Rules Can Be Different for Children
California provides special time rules for many claims involving minors.
Code of Civil Procedure section 352 generally provides that when a person is under the age of majority at the time a covered claim arises, the period of minority is not counted as part of the ordinary limitations period.
However, parents should never assume that every deadline is automatically extended.
Waiting can still damage a case because:
• Video may be erased
• Witnesses may disappear
• Vehicles may be repaired
• Records may become harder to obtain
• Other legal deadlines may apply
The safest approach is to investigate the claim promptly rather than relying on a possible extension of time.
Claims Involving Public Entities Have Different Deadlines
A major exception can apply when a public entity or public employee may be responsible.
Examples could include a collision involving a government vehicle or a claim involving allegedly dangerous public property.
California Government Code section 911.2 generally requires a claim for personal injury against a public entity to be presented within six months after the claim arises. Code of Civil Procedure section 352 also states that its ordinary minority tolling rule does not apply to actions against public entities or public employees when the government claim procedures apply.
This is one reason parents should seek legal advice quickly after a serious accident involving a child.
A lawyer should identify every potentially responsible party before assuming that the ordinary deadline rules apply.
The Child’s Future Needs Should Be Considered Before Settlement
A child may have many years ahead in which an injury could affect health, education, activities, and future independence.
Before settling a serious injury claim, important questions may include:
• Is treatment complete?
• Will future medical care be needed?
• Are permanent restrictions expected?
• Has the child fully returned to normal activities?
• Are additional medical opinions necessary?
An early settlement may be difficult to evaluate when the long term effects of the injury are still uncertain.
The attorney should review the available medical evidence before recommending a final resolution.
Contact an Irvine Car Accident Lawyer After a Child Is Injured
An Irvine car accident lawyer handling a case involving an injured child should investigate the crash, preserve evidence, review medical treatment, identify every responsible party, and follow the special procedures that protect a minor’s claim and settlement.
Bojat Law Group represents children and families affected by serious accidents throughout Irvine, Orange County, and Southern California. The firm handles car accidents, pedestrian accidents, bicycle accidents, truck crashes, motorcycle accidents, Uber and Lyft accidents, catastrophic injuries, traumatic brain injuries, and wrongful death cases.
Bojat Law Group has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.
Call Bojat Law Group at (818) 877-4878 to discuss an Irvine accident involving an injured child. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.
