Can a Parent File a Personal Injury Lawsuit on Behalf of a Child in California?

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Can you sue a minor in California for a personal injury claim? Understanding how the law works when a child is involved is crucial to protecting their rights and future compensation. In California, you have a right to file a personal injury claim on your child’s behalf if your child was injured because of someone else’s negligent actions.

Children under the age of 18 are not legally allowed to file a lawsuit without parental consent. This means that, as a parent, it is your responsibility to ensure that your child is fairly compensated for the harm others have caused to him or her.

Filing on Behalf of a Minor: Appointing a Guardian Ad Litem

Under California law, individuals under the age of 18 are minors and lack the capacity to maintain a civil lawsuit independently. According to California Code of Civil Procedure Section 372, an injured child cannot hire an attorney or sign a binding legal settlement. Instead, a minor must appear in court through a designated adult who protects their financial and personal interests. This representative is known as a Guardian Ad Litem (GAL).

In personal injury cases involving child injuries, a parent or legal guardian usually assumes this role. However, the appointment is not automatic. Your attorney must submit a formal “Application and Order for Appointment of Guardian Ad Litem” using Judicial Council Form CIV-010 to a judge.

Once approved, the Guardian Ad Litem handles significant legal responsibilities:

Directing Litigation: Selecting and hiring a qualified law firm.
Managing Communication: Reviewing legal documents, participating in depositions, and consulting with experts.
Evaluating Settlements: Deciding whether to accept an insurance deal or take the case to a jury trial.

While the Guardian Ad Litem directs legal strategy, the child remains the actual “real party in interest.” The GAL does not own the claim or have rights to the proceeds. Their sole duty is to protect the minor from inadequate settlement terms.

What is a Minor’s Compromise in California?

In adult personal injury cases, claims resolve when the plaintiff signs a liability release in exchange for a settlement check. Because minors cannot legally enter into contracts, any release signed by a child or their parents without judicial oversight is legally voidable. To protect children from having their rights bartered away for inadequate sums, California enforces strict supervisory laws.

A Minor’s Compromise is a mandatory judicial proceeding governed by California Probate Code Sections 3500 and 3600. It requires a neutral judge to review and approve every single personal injury settlement involving a minor under 18, regardless of the payout size. Whether an insurer offers $5,000 or $5,000,000, the settlement is invalid until a judge signs an official order.

The Minor’s Compromise process ensures that:

The settlement is fair and covers the full extent of the child’s medical needs.
Parents do not misappropriate or spend the settlement funds on personal expenses.
All outstanding medical liens and legal fees are reasonable before the remaining balance is locked away for the minor’s adulthood.

How to Petition for a Minor’s Compromise Court Approval

To initiate a Minor’s Compromise proceeding, your child injury lawyer will file a “Petition to Approve Compromise of Claim of Minor” (Judicial Council Form MC-350). This petition must be signed under penalty of perjury by the Guardian Ad Litem and provide a transparent breakdown of the accident, the child’s recovery, and the proposed distribution of funds.

The petition requires extensive documentary support to prove the settlement is reasonable:

Incident Details: A narrative of how the injury occurred and police reports proving the defendant’s liability.
Medical Records: A recent report from the treating physician outlining the diagnosis, treatments, and a long-term prognosis.
Evidence of Recovery: Clear photographs of any visible physical scars so the judge can evaluate the permanent cosmetic impact.
Expense Schedules: An accounting of all medical bills, outstanding liens, litigation expenses, and requested attorney’s fees.

Personal Injury Settlements for Minors in California & Managing Funds

In California, settlement proceeds belong exclusively to the injured minor. Under California Probate Code Section 3611, a judge will order that the net settlement funds (money remaining after deducting court-approved attorney’s fees, litigation expenses, and medical bills) be placed into a secure, court-supervised financial structure. Parents cannot access these funds without explicit judicial authorization.

The court typically relies on three options to manage a minor’s financial recovery:

Court-Ordered Blocked Accounts: For average-sized settlements, judges order the money deposited into an insured, interest-bearing blocked bank account using Form MC-355. The bank signs an acknowledgment (Form MC-356) stating that the funds are frozen. No one can withdraw money until the child reaches their 18th birthday.
Structured Settlement Annuities: For substantial recoveries, judges prefer structured settlement annuities purchased from highly rated life insurance companies (A+ AM Best rating). This allows families to customize tax-free payouts that align with future milestones, such as funding a college education at ages 18, 21, or 25.
Special Needs Trusts: If a child suffers a permanent injury requiring lifelong medical care, a Special Needs Trust allows the settlement funds to be used for quality-of-life enhancements without jeopardizing their eligibility for public benefits like Medi-Cal or SSI.

Minor’s Compromise Funds: Blocked Accounts vs. Annuities

When a personal injury settlement involves a child, California courts typically require approval through a Minor’s Compromise. The court’s goal is to protect the settlement funds until the child reaches adulthood.

Option	How the Funds Are Managed
Blocked Account	Settlement funds are deposited into a court-approved bank account. Withdrawals generally require a court order until the child turns 18.
Annuity Settlement	Funds are used to purchase an annuity that provides scheduled payments in the future, often beginning at age 18 or later.

A blocked account is commonly used for smaller settlements because it securely preserves the funds. Once the child reaches 18, they can typically access the money without further court involvement.

Annuities are often considered for larger settlements. They can provide payments over time rather than a single lump sum, helping cover future education, medical expenses, or other long-term needs.

The court will review the settlement amount, the child’s best interests, and any attorney fees before approving the arrangement. Understanding where settlement funds will be held can help parents and guardians make informed decisions while ensuring the child’s financial recovery remains protected.

California Statute of Limitations for Minor Injury Claims

In adult cases, California enforces a strict two-year statute of limitations from the date of the accident. However, because children cannot protect their own legal rights, California Code of Civil Procedure Section 352 provides a protective safeguard known as “tolling.” For standard injury claims—including car accidents, dog bites, and slip and falls—the standard two-year clock is paused for the duration of the child’s minority.

This means the two-year statute of limitations does not begin to run until the minor reaches their 18th birthday. Consequently, an injured child has until their 20th birthday to file a lawsuit on their own behalf.

However, there are two critical exceptions to this extended timeline:

Claims Against Government Entities: If a child is injured by a public school district, city bus, or public park hazard, you must file a formal administrative claim within six months of the incident under the California Tort Claims Act.
Medical Malpractice Claims: Under California Code of Civil Procedure Section 340.5, a minor’s medical malpractice claim must be filed within three years of the date of the negligence, or prior to the child’s eighth birthday, whichever window is longer.

Liability Questions: Can a Minor Be Sued in California?

Yes. Under California Civil Code Section 41, a minor is civilly liable for a civil wrong (a tort) done by them in the same manner as an adult. If a minor negligently causes a car crash or injures someone intentionally, the injured victim can legally sue them. Like an injured child, a minor defendant cannot represent themselves and must have a Guardian Ad Litem appointed to manage their defense.

Furthermore, parents face financial exposure for their children’s wrongful actions under California’s parental responsibility laws.

Under California Civil Code Section 1714.1, if a minor engages in willful misconduct—such as vandalism, shoplifting, or assault—that results in injury, death, or property damage, liability is imputed to the parents. This strict, vicarious liability is capped at $25,000 per incident and is limited to out-of-pocket medical expenses or property repair costs; it does not cover pain and suffering. This automatic cap does not apply to ordinary negligence (like a sports accident), but parents can face unlimited direct liability if their own negligent supervision directly contributed to the harm.

The Minor’s Compromise

If you work with a lawyer as you pursue personal injury compensation on behalf of your child, the case is likely to settle before going to court. If you agree with the terms of the settlement, that’s a good thing. If not, we won’t hesitate to take the case to court to get your child what he or she is truly owed.

If the case does settle, a judge will have to review the terms laid out in the settlement and determine whether the settlement is in the child’s best interest, according to California law. This proceeding is called a minor’s compromise approval.

Compensation

A child can receive compensation for injuries and other damages. This could involve following:

A qualified personal injury attorney may also be able to win compensation to account for your expenses as you have tended to your child’s injuries. This might include lost wages due to missed time at work.

Speak with an Injury Attorney

To discuss your child’s case in further detail and find out what your options are, call us at 844-404-2400 or complete the contact form below. The attorneys at Kohan & Bablove Injury Attorneys would be happy to answer your questions.

FAQs

Why is a Minor’s Compromise required for child injury settlements in California?

Because individuals under 18 lack the legal capacity to enter binding contracts, any liability release they or their parents sign without judicial oversight is legally voidable. A Minor's Compromise ensures a judge independently evaluates the terms to ensure the settlement genuinely serves the child's long-term interests and protects against funds being misused.

What is the operational difference between a blocked account and an annuity for minor funds?

A blocked bank account securely freezes settlement money in an insured institution until the minor turns 18, meaning funds cannot be accessed early without strict court orders. A structured settlement annuity instead disperses tax-free payouts across multiple structured age milestones, such as funding college tuition at ages 18, 21, or 25.

How does the California statute of limitations protect an injured minor's rights?

For common injury events like car accidents or slip and falls, California pauses or "tolls" the standard two-year lawsuit timeline for the entire duration of the child's minority. This legal protection means the standard two-year clock does not start ticking until their 18th birthday, giving them until age 20 to file on their own behalf.

Are parents financially responsible if a minor causes an accident or property damage?

Yes, under California Civil Code Section 1714.1, financial liability is imputed to the parents if a minor commits willful misconduct that leads to personal injury or property loss. This strict vicarious liability is automatically capped at $25,000 per incident and is limited to explicit out-of-pocket medical bills or property repairs.

What legal documents are needed to secure a court-approved Minor's Compromise?

Your child injury lawyer must file a formal Judicial Council Form MC-350, supported by extensive evidence detailing how the injury happened and proof of the defendant's liability. The petition must also contain extensive records like treating physician reports, current medical invoices, and photographs detailing visible scarring.