2025 Guide: What Happens When a Child Is Injured in a California Car Accident?
October 25, 2025- Categories: Car Accidents
When a child is injured in a California car accident, the immediate steps involve securing medical care and documenting everything.
From a legal standpoint, the process differs from an adult’s claim because California law has specific protections for minors. This includes appointing a legal representative (guardian ad litem) and requiring court approval for any settlement in a process called a “minor’s compromise.”
One of the most difficult aspects is calculating future damages, such as projecting the long-term costs of medical care, potential loss of future earning capacity, and ongoing pain and suffering for a child who is still developing. However, these legal procedures are designed to ensure any compensation received is fair and preserved for the child’s future.
If you have a question about your child’s accident and what to do next, call us for a free consultation. We are here to help. Contact Neale & Fhima: Accident, Injury, and Lemon Law Lawyers at (888) 407-2955.
First Steps from Home: Protecting Your Child’s Health and Legal Rights
Your focus should be on two key areas: comprehensive medical care and meticulous documentation.
Why a Follow-Up Medical Visit Is So Important
- Hidden Injuries: Injuries like soft tissue damage or even mild traumatic brain injuries may not be apparent at the scene or in the emergency room. A follow-up visit with your child’s pediatrician catches these issues.
- Establishing a Record: This visit creates a medical record that directly links any developing symptoms to the accident. This record becomes a foundational piece of evidence for an injury claim.
- Specialist Referrals: Your pediatrician refers you to specialists, such as neurologists, orthopedic surgeons, or therapists, if needed.
What Should You Be Documenting Right Now?
Think of yourself as the primary record-keeper for your child’s case.
Medical Log:
- Every Appointment: Note the date, doctor, and reason for the visit.
- Symptoms & Behavior: Keep a simple daily journal. Note any complaints of pain, changes in sleep patterns, mood swings, or difficulty with schoolwork. This is particularly helpful for younger children who are unable to fully express what they are feeling.
- Medications: Track all prescribed and over-the-counter medications, including dosages and any side effects.
Financial Records:
- Create a Folder: Keep all medical bills, receipts for prescriptions, and co-pays in one place.
- Track Your Own Lost Wages: If you have to take time off work to care for your child or take them to appointments, document these missed hours.
- Other Expenses: Log mileage to and from the doctor’s office and any other related out-of-pocket costs.
How Does a Legal Claim Work for a Child in California?
California law treats these cases differently to protect the child’s best interests.
The Statute of Limitations for Minors
- The General Rule: In California, an adult typically has two years from the date of an accident to file a personal injury lawsuit.
- The Exception for Children: For a minor, this deadline is extended. The two-year clock does not start running until the child’s 18th birthday. This means they generally have until their 20th birthday to file a claim.
- A Word of Caution: This does not mean you should wait. Evidence disappears, memories fade, and building a strong case becomes more difficult over time. Acting sooner is always better.
- Government Claims: Note the much shorter deadline (typically just six months) if a government entity, like a city bus or public school vehicle, is involved.
Who Represents the Child’s Interests? The Guardian ad Litem
- What it is: Since a minor cannot file a lawsuit independently, the court appoints an adult to act on their behalf. This person is called a guardian ad litem.
- Who it is: This is usually a parent or legal guardian.
- What they do: The guardian ad litem makes decisions about the legal case, such as whether to accept a settlement offer, under the guidance of their attorney and with the child’s best interests as the sole focus. Our firm handles the entire process of petitioning the court to have you appointed.
How a Settlement is Finalized: The “Minor’s Compromise”
What it is: In California, any settlement for a minor over a certain amount must be approved by a judge. This process is called a “minor’s compromise and release.”
Why it’s required: It serves as a check to ensure the settlement is fair and adequately compensates the child for their injuries. The judge reviews the medical evidence, the settlement amount, and how the funds will be managed.
How the Money is Protected: The settlement funds are not paid directly to the parents. Instead, the court will order the money to be placed in a protected financial instrument, such as:
- A Blocked Bank Account: The funds are deposited into an insured account that cannot be withdrawn without a court order until the child turns 18.
- A Structured Settlement Annuity: The funds are used to purchase an annuity that pays out over time, sometimes providing payments for college or other life milestones.
Psychological and Developmental Trauma: How Age Affects Recovery and Compensation
Car accidents impact children’s psychological development differently than adults, and these differences significantly affect both treatment needs and damage calculations in California personal injury cases.
Age-Specific Trauma Responses That Require Documentation
Toddlers and Preschoolers (Ages 2-5) often respond through developmental regression, losing previously mastered skills like potty training or verbal communication. Sleep disturbances, separation anxiety, and specific fears related to cars or medical appointments frequently develop. These behavioral changes require pediatric psychology evaluation because very young children express trauma through actions rather than words.
School-Age Children (Ages 6-12) typically show trauma through declining academic performance, difficulty concentrating, and changes in peer relationships. Many develop perfectionist tendencies or withdraw from activities they previously enjoyed. Teachers may notice increased irritability, memory problems, and attention difficulties that weren’t present before the accident.
Adolescents (Ages 13-18) face unique challenges because trauma occurs during identity formation years. Many feel frustrated about increased dependence on others, develop intense driving fears, or experience body image concerns from visible injuries. Some teenagers develop risk-taking behaviors while others become overly cautious and anxious.
Psychological Evaluation Timeline and Family Impact
Initial psychological assessment should occur within weeks of the accident to establish baseline functioning, even if your child seems to be coping well. Six-month follow-up evaluation becomes important as children adapt to permanent changes and return to normal activities. Annual monitoring through adolescence documents ongoing treatment needs as trauma symptoms may resurface at new developmental milestones.
Family therapy frequently becomes necessary because parents often develop their own trauma symptoms, including hypervigilance and difficulty allowing normal childhood independence. Siblings may experience guilt, fear, or resentment about the attention the injured child receives, affecting overall family dynamics and recovery.
The long-term costs of psychological treatment, including potential psychiatric medication management and ongoing therapy, represent significant expenses that should be included in settlement calculations. Some children require medication adjustments as they grow, making ongoing psychiatric care a lifelong consideration in serious injury cases.
Common Questions Parents Ask About Child Injury Claims in California
What if my child was not properly secured in their car seat?
Under California Vehicle Code § 27360, children under 8 must be in a proper car seat or booster. If they were not, an insurance company might try to argue this contributed to the injuries. This is based on a legal idea called comparative fault.
However, it does not prevent you from recovering compensation. Our role is to show that the other driver’s negligence was the primary cause of the accident and your child’s injuries.
Does my child have to appear in court?
In most cases, no. The vast majority of personal injury claims are settled out of court. If a “minor’s compromise” hearing is required, the judge may want to see the child, but these hearings are typically informal and brief. We would prepare you and your child for exactly what to expect.
Securing Your Child’s Future After an Accident
We regularly help families across California, and we understand the specific challenges parents face after a serious crash. The legal process for a child’s injury claim is in place to protect them, and our role is to guide your family through it, step by step.
To discuss your child’s case in a free, no-obligation consultation, call Neale & Fhima today at (888) 407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
