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What Happens When a Minor Is Injured in an Accident?

Anderson Franco Law

Accidents can be scary for anyone, but they are especially stressful when a child is hurt. Parents often feel worried, confused, and unsure of what to do next. If your child is injured in California, it’s important to understand your legal rights and the steps you may need to take.

This guide will explain what happens when a minor is injured in an accident, how California law treats these cases, and why speaking with a personal injury lawyer may help your family.


Common Accidents Involving Children

Children can be injured in many different ways. Some of the most common accidents include:

  • Car accidents – when a child is a passenger, pedestrian, or on a bicycle.
  • Slip and fall accidents – at schools, stores, playgrounds, or public places.
  • Dog bites – often involving neighbors or family friends’ pets.
  • School or daycare accidents – from unsafe conditions or lack of supervision.
  • Defective products or toys – when something meant for kids causes harm.

Each case is unique, but one thing is always true: children deserve protection and care after an accident.


How California Law Protects Minors

California law recognizes that children cannot make legal decisions for themselves. That means when a minor is injured:

  • A parent or guardian usually files the claim. They act on the child’s behalf.
  • Settlements must be approved by the court. Even if both sides agree, a judge often reviews the settlement to ensure it is fair to the child.
  • Money is usually placed in a blocked account. This means funds are set aside for the child until they turn 18, unless the court allows earlier access for medical or educational needs.

These extra protections are meant to make sure the child’s future is not taken advantage of.


Medical Bills and Future Care

When a child is injured, medical costs can add up quickly. In California, damages in a minor’s case may include:

  • Emergency room visits
  • Hospital bills and surgeries
  • Physical or speech therapy
  • Counseling for emotional trauma
  • Future medical needs, if the injury has long-term effects

Because children are still growing, injuries can affect them differently than adults. For example, a broken bone might heal, but it could also cause problems later as the child grows.


Time Limits for Filing a Claim

In most personal injury cases in California, adults have two years to file a lawsuit. But for children, the time limit (called the statute of limitations) is different.

  • A minor generally has until their 18th birthday plus two years to bring a claim.
  • However, parents may still need to act sooner, especially for medical bills.

Waiting too long can make it harder to gather evidence, so speaking with a lawyer early is usually best.


Why You Might Need a Lawyer

Parents sometimes wonder, “Do I really need a lawyer if my child was hurt?” Here are a few reasons why working with an attorney can help:

  • Insurance companies often fight claims. They may try to pay less than what is fair.
  • Children’s cases require court approval. A lawyer can guide you through this process.
  • Future needs are easy to overlook. An attorney makes sure long-term care is included in a settlement.
  • No upfront cost. Most personal injury lawyers in California work on a contingency fee. This means you don’t pay unless your case wins.

A lawyer’s job is to protect your child’s best interests, now and in the future.


Local Focus: California Families

If your child was hurt in the San Francisco Bay Area or anywhere in California, you may face unique challenges. For example:

  • Busy city streets increase the risk of pedestrian accidents.
  • Older buildings and sidewalks can lead to dangerous falls.
  • Families often deal with high medical costs from Bay Area hospitals.

Having a lawyer who understands California courts and local conditions can make a big difference in how smoothly your case moves forward.


Steps to Take After a Child’s Accident

If your child is injured in an accident, here are some steps to protect their health and legal rights:

  1. Get medical care right away. Even if the injury seems minor, a doctor’s visit is important.
  2. Report the accident. Whether to the police, school, or property owner, make sure there is a record.
  3. Keep evidence. Save medical records, photos, and receipts.
  4. Write down details. Note what happened, when, and who was involved.
  5. Talk to a lawyer. Get advice before speaking to insurance companies.

Taking these steps helps build a strong case and ensures your child gets the support they need.


Can parents settle a child’s injury case in California?

Yes. Parents or legal guardians can settle a child’s personal injury claim, but the settlement usually must be reviewed and approved by a California judge. This step ensures the agreement is fair and protects the child’s best interests.

Who receives the settlement money when a minor is injured?

In most cases, the money is placed in a blocked account until the child turns 18. Parents cannot withdraw the funds unless the court gives special permission for things like medical care, education, or other needs that directly benefit the child.

How long does a minor have to file a personal injury claim in California?

A minor generally has until their 18th birthday plus two years to file a claim. However, parents may still need to act earlier to recover medical expenses they paid. Waiting too long can make it harder to prove the case.

What types of damages can a child recover after an accident?

Compensation may cover:
Medical expenses
Therapy or counseling
Pain and suffering
Future medical costs or limitations

Do I need a lawyer if my child was injured?

While it’s not legally required, having a lawyer helps. Personal injury cases for minors involve extra legal steps, like court approval, and insurance companies often try to reduce payouts. A lawyer makes sure your child’s rights are protected.

Final Thoughts

When a minor is injured in California, the law puts special protections in place to make sure they are treated fairly. Parents and guardians play a key role, but legal guidance can be very helpful.

If your child has been hurt in an accident in San Francisco or anywhere in California, you don’t have to face this alone. A personal injury lawyer can explain your options, deal with insurance companies, and fight for the compensation your child deserves.

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