When a child suffers an injury, the impact can be devastating not only for the child but also for the entire family. Unlike adult victims, children face unique medical, emotional, and legal challenges. From playground accidents to car crashes, injuries involving minors raise special legal considerations that California law addresses differently than in adult personal injury cases.
At Arshakyan Law Firm, our Los Angeles personal injury attorneys understand how traumatic it is for parents to see their child hurt. We are committed to helping families in Southern California, from Encino and Los Angeles to Ventura and Orange County, navigate these complex claims while protecting their children’s futures.
This blog explores how personal injury claims differ when the victim is a minor, the role of parents and guardians, the damages available, and real-life examples to illustrate these unique cases.
Why Personal Injury Cases Involving Children Are Different
Children are not “small adults.” Their bodies, emotions, and futures require a different approach when evaluating injuries and compensation. Here are key distinctions:
1. Children Cannot File Lawsuits Themselves
- Minors under 18 cannot initiate a lawsuit in California. Parents or legal guardians must act on their behalf.
- In some cases, the court appoints a guardian ad litem—an adult legally authorized to represent the child’s interests in the lawsuit.
2. Damages Must Consider Long-Term Effects
- Children may face growth-related medical complications, developmental delays, or permanent impairments that manifest years later.
- For example, a 12-year-old who suffers a broken leg in a car accident may later develop growth plate complications, affecting limb length or mobility into adulthood.
3. Settlement Approval by the Court
- Unlike adult settlements, a child’s injury settlement must often be reviewed and approved by the court.
- This ensures the compensation truly benefits the child and is not misused.
4. Statute of Limitations Extended
- For most California personal injury cases, adults have two years to file a claim.
- For children, the statute of limitations is typically paused until the child turns 18, giving them until their 20th birthday to bring a claim.
Common Causes of Child Injuries Leading to Claims
Everyday environments can become dangerous for children. At Arshakyan Law Firm, we have seen numerous scenarios that lead to injury claims:
1. Car Accidents
Children in vehicles are particularly vulnerable to crashes, especially when seat belts or car seats are improperly used. Example: A family driving on the 101 Freeway in Los Angeles is rear-ended at high speed. Their 8-year-old, improperly secured in a booster seat, suffers a concussion and fractured ribs.
2. Playground and School Injuries
Faulty equipment, poor supervision, or unsafe premises at schools and parks can lead to serious injuries. Example: In Encino, a child falls from a poorly maintained swing set, sustaining a traumatic brain injury. The school district may be held responsible for negligence.
3. Dog Bites and Animal Attacks
Children are especially prone to dog bites because they may not recognize warning signs from animals. California law holds dog owners strictly liable in most cases. Example: A 6-year-old playing in a neighbor’s yard in Ventura is bitten in the face by an unleashed dog, resulting in permanent scarring.
4. Defective Products
Toys, strollers, car seats, and other child products may have design or manufacturing defects. Example: A toddler in Orange County chokes on a small part of a defective toy, leading to an emergency surgery and a product liability lawsuit.
5. Medical Malpractice
Children injured due to a misdiagnosis or surgical error may require a lifetime of medical care. Example: A newborn in Los Angeles suffers brain damage during delivery due to medical negligence, leading to cerebral palsy.
Special Legal Considerations in Child Injury Cases
1. Guardian ad Litem
Courts often require the appointment of a guardian ad litem to ensure the child’s interests are protected. This is typically one of the parents, but in some cases, the court may appoint a neutral third party.
2. Court-Supervised Settlements
When a case is settled, California courts usually require approval to protect the child’s money. Funds are often placed in a blocked account until the child turns 18. This ensures parents cannot misuse the settlement.
3. Economic and Non-Economic Damages
- Economic Damages: Current and future medical expenses, therapy, special education needs, and adaptive equipment.
- Non-Economic Damages: Pain and suffering, loss of enjoyment of life, psychological trauma. Children may not have lost wages, but damages must account for the loss of future earning capacity if the injury impairs career opportunities.
4. Statute of Limitations Exceptions
While most cases allow until age 20, exceptions apply:
- Medical malpractice cases involving minors must often be filed within 3 years of the malpractice, regardless of age.
- Claims against government entities (e.g., school districts) require filing a claim within 6 months of the incident.
Real-Life Examples of Child Personal Injury Cases
Case Study 1:
Playground Accident in Los Angeles A 10-year-old fell from monkey bars at a city playground where the protective ground surface was worn away, exposing hard concrete. The child suffered a skull fracture and brain swelling. Arshakyan Law Firm fought the city for failing to maintain safe conditions. The settlement included funds for medical treatment, ongoing therapy, and future educational accommodations.
Case Study 2:
Rideshare Collision in Encino A family was in an Uber when another driver ran a red light and struck the car. Their 7-year-old daughter suffered broken bones and post-traumatic stress disorder. The claim required navigating rideshare insurance policies, which are more complex than standard car accidents. Arshakyan Law Firm secured compensation that covered both physical recovery and counseling for PTSD.
Case Study 3:
Dog Bite in Ventura County An 11-year-old boy delivering cookies for a school fundraiser was bitten on the arm by an unrestrained German Shepherd. Despite the dog owner’s denial of responsibility, California’s strict liability law for dog bites held them accountable. The settlement provided for multiple reconstructive surgeries and counseling to address the child’s newfound fear of animals.
Long-Term Impact of Child Injuries
Unlike adults, children may live with the consequences of their injuries for decades. The law must account for:
- Educational setbacks: Missed school time and special education needs.
- Social development challenges: Difficulty participating in sports or social activities.
- Psychological trauma: Anxiety, depression, or PTSD.
- Permanent disabilities: Such as blindness, paralysis, or cognitive impairment, which may require lifelong medical care.
How Parents Can Protect Their Child’s Legal Rights
1. Seek Immediate Medical Attention: Always prioritize health. Medical records are also vital evidence.
2. Document Everything: Take photos of injuries, accident scenes, defective products, or animals involved.
3. Report the Incident: File a police report, school report, or animal control report as applicable.
4. Avoid Early Settlement Offers: Insurance companies often try to settle quickly for less than the case is worth.
5. Consult an Experienced Attorney: A skilled Los Angeles personal injury lawyer ensures your child’s future needs are fully considered.
FAQs About Child Personal Injury Cases
Q: Can I settle my child’s case without court approval?
A: No. Most settlements for minors require court approval to protect the child’s best interest.
Q: What happens to the settlement money?
A: Typically, the funds are placed in a blocked account until the child turns 18, unless the court allows structured payouts.
Q: What if the injury affects my child’s ability to work in the future?
A: Claims can include damages for loss of future earning capacity, even if the child is not yet working.
Q: Who pays for medical expenses now?
A: Parents are often responsible initially, but settlements can reimburse past expenses and cover future costs.
Additional Considerations in Child Personal Injury Cases
Structured Settlements for Minors In many cases, the court may approve a structured settlement rather than a single lump-sum payment. This means the child receives funds in increments—such as monthly or yearly paymentsonce they reach adulthood. This structure ensures that the money lasts longer and directly benefits the child, rather than being depleted too quickly.
Example: A 15-year-old in Los Angeles receives a settlement after a serious car accident. Instead of one payment, the settlement is structured to provide yearly funds starting at age 18 to cover college expenses, with additional larger payouts at ages 25 and 30. This approach secures the child’s education and future financial stability.
The Role of Expert Witnesses
Child injury cases often require testimony from expert witnesses, such as pediatricians, child psychologists, or vocational experts. These specialists can explain:
- How the injury will affect the child’s growth and development.
- The psychological impact of trauma on a child’s future well-being.
- How the injury may limit future career opportunities or earning capacity.
Psychological and Emotional Trauma
Children process trauma differently than adults. A child may develop separation anxiety, nightmares, or behavioral issues after an accident. Compensation must account for therapy, counseling, and psychiatric treatment. These damages are just as critical as physical injury damages.
Example: After a near-drowning incident at a poorly supervised summer camp, a child develops severe anxiety around water. Therapy sessions continue for years, and the claim includes compensation for long-term psychological care.
Government Liability in Child Injury Cases
When a child is injured on school grounds, public playgrounds, or due to municipal negligence, the rules are stricter. Claims against government entities in California must be filed within six months. Missing this deadline may bar recovery entirely.
Example: A student in Encino trips over exposed wiring in a public school classroom, breaking their wrist. The claim must be filed quickly with the school district to preserve legal rights.
Catastrophic Injuries and Lifetime Costs
Some child injuries are catastrophic, requiring lifelong medical care. These include spinal cord injuries, brain damage, and severe burns. Settlements must cover not just immediate needs but decades of future care, adaptive housing, and assistive technology.
Example: A 9-year-old struck by a distracted driver in Los Angeles suffers paralysis. The settlement accounts for a wheelchair-accessible home, ongoing nursing care, and advanced medical equipment, projected across 70 years of life expectancy.
Comparative Fault and Children
California follows the rule of comparative fault, meaning if a victim is partly at fault, their compensation is reduced. However, courts treat children differently when determining responsibility. Younger children are rarely considered capable of negligence, while older teens may be compared to what a “reasonable minor” would do in similar circumstances.
Example: A 16-year-old skateboarding without protective gear is hit by a negligent driver. The court may assign partial fault for not wearing a helmet, reducing the claim’s value but still holding the driver primarily responsible.
Real-Life Court Precedents
Several California cases highlight how child injury claims differ:
- In one case, a child injured at school due to inadequate supervision successfully sued the district, reinforcing schools’ duty of care.
- In another case, a minor injured in a defective car seat case led to significant product safety changes across the state.
These precedents illustrate how individual cases can influence broader safety standards that protect children statewide.
Frequently Overlooked Damages
- Future Educational Expenses: Injuries may require tutoring, special schools, or adaptive learning technology.
- Loss of Consortium for Parents: While typically limited, some cases allow parents to claim for the emotional loss caused by their child’s injury.
- Home Modifications: Injuries requiring ramps, lifts, or medical equipment at home must be included in damages.
The Arshakyan Law Firm Advantage
What sets Arshakyan Law Firm apart is our personalized, compassionate approach. We not only fight for maximum compensation but also guide families through the emotional and legal challenges of a child injury claim. Our attorneys collaborate with medical professionals, financial planners, and child development experts to ensure every aspect of the child’s future is addressed.
Final Thoughts
Children are society’s most vulnerable members, and when they are injured, the law provides unique protections. But those protections only work when families act quickly and with the guidance of experienced attorneys. At Arshakyan Law Firm, we recognize the lifelong impact these injuries can have, and we are committed to helping families secure justice and financial security.
If your child has been injured due to negligence, defective products, unsafe premises, or any other cause, you deserve a law firm that will stand by your side. At Arshakyan Law Firm, our Los Angeles personal injury attorneys are ready to fight for your family.
Call us today at (818) 650-9985 for a free, confidential consultation. We are in your corner!