Can I Bring a Personal Injury Claim On Behalf of My Child?
The safety and well-being of a child are every parent’s top priority. Yet, accidents can happen in Santa Rosa, either on scooters, bicycles, in the family car, or even while riding the bus. In those heart-wrenching moments after a child has been injured, knowing whether you, as a parent, have the right to seek legal recourse on your child’s behalf can provide a thread of reassurance amidst the stress and trauma.
Unintentional injuries remain a leading cause of death and emergency room visits for children in the United States. In 2021, nearly 63,000 children were injured in motor vehicle crashes, and tragically, 711 child passengers aged 12 and under lost their lives in such collisions (cdc.gov). Other CDC data shows more than 222,000 unintentional injury deaths occurred in the US across all age groups in 2023, with motor vehicle traffic accidents being responsible for over 43,000 of those fatalities, including children.
These statistics demonstrate the frequency of child accidents and the importance of families fully understanding their rights when a child is harmed. At the same time, our team at Santa Rosa Accident Injury Attorneys understands firsthand how traumatic it is to witness your child be injured in an accident and then face the financial hardship and emotional struggle that follows. Beyond the medical treatments, families must often carry the weight of both emotional and financial burdens after their child is in an accident. Having a trusted child accident lawyer in Santa Rosa on your side is a stress reliever when going through these battles. At Santa Rosa Accident Injury Attorneys, you don’t have to go through the struggle alone.
Parents Have the Right to Take Action On Their Child’s Behalf
We are often asked common questions by parents after their child is injured, including ones about can a parent sue on behalf of their child. The short answer is yes, in certain circumstances.
Filing on Behalf of a Minor In California
In California, children under 18 cannot file lawsuits on their own. However, their parents or legal guardians can initiate a personal injury claim and pursue a child accident settlement on their behalf. In cases where a couple is divorced, the custodial parent typically files a personal injury claim, though if needed, the court can appoint a guardian ad litem to represent the child’s best interests and wishes. This is known legally as the minor’s compromise, which means any settlement must be reviewed and approved by a judge to make sure it serves the child’s best interests, and the funds of the settlement will go directly to the child.
What Damages Can Be Recovered When A Parent Sues On A Child’s Behalf
Parents filing on behalf of a child can seek compensation for:
- Medical expenses
- Rehabilitation and therapy
- Home modifications or mobility devices are needed
- Pain and suffering, including PTSD and diminished quality of life
- Lost wages for parents providing care or attending medical appointments
Parents in Santa Rosa may also have a separate right to compensation if their child is injured in an accident. In some cases, if caring for an injured child caused the parent a loss of wages or required them to provide home nursing for the child, those costs can be claimed. Courts in California acknowledge that an injured child can also disrupt the parent-child relationship to the extent that it is similar to “loss of consortium,” which will validate the parent’s financial and emotional toll.
Common Accident Types Where Parents May Sue On Behalf Of Their Child
Parents may pursue claims on behalf of their injured child for an assortment of accident types that, unfortunately, can involve children in Santa Rosa and across California:
- Scooter Accidents – Whether electric scooters or manual types, collisions, faulty components, or falls can result in serious head, arm, or leg injuries, especially if a helmet isn’t worn.
- Bicycle Accidents – From traffic collisions to faulty components, bike injuries in Santa Rosa often involve fractures, abrasions, or head trauma.
- Dog Bites – California law holds dog owners liable for any injuries that are caused by their pets. Parents can sue on behalf of their child if a child is bitten, especially in cases where injuries require stitches, therapy, or lead to psychological trauma.
- Car Accidents – Among the most serious types of child accidents, especially when high speeds are involved. If a driver’s negligence causes a collision that injures a child, the child’s parents can file car accident claims for medical costs, long-term care, and more.
- Bus Accidents – Injuries occurring while riding school buses or public transit, whether caused by collisions, sudden stops, or negligent maintenance, are grounds for pursuing legal action.
California-Specific Legal Considerations When Suing On Behalf Of A Child
Settlement Approval – Minor’s Compromise
Any settlement offer made in a personal injury claim with a minor involved must go through court approval to be valid and legal. The judge evaluates whether the amount is fair and whether it’s in the child’s best interest. If a lawsuit has been filed, a guardian ad litem must submit the petition on behalf of the child; otherwise, the custodial parent does.
Is There A Statute of Limitations For Child Injury Accidents?
In typical personal injury cases in California that involve adults, the statute of limitations is two years from the date the accident occurred. However, for children under the age of 18, the statute of limitations does not expire until after their 18th birthday. After turning 18, the person who was injured as a child, or their legal representative, has two years to file a personal injury claim. This is why seeking legal guidance is very important, because evidence and witness recollections fade over time.
Parental Liability and Damages Limits
While not directly about suing on behalf of a child who has been injured, California law also addresses when parents may be liable for the actions of their children. In some scenarios, parents may be held responsible for the actions their children engage in. A good example is when a minor drives a vehicle with parental permission and causes an accident; the parent may face joint liability for all resulting damages, including non-economic damages like pain and suffering.
Need Help Suing On Behalf Of Your Child Who Has Been Injured?
If your child has been injured in an accident, you don’t have to face the legal process of pursuing compensation on their behalf alone. Our team at Santa Rosa Accident Injury Attorneys guides families through every step of the process, from filing the claim on behalf of a child to securing court approval of a settlement that truly reflects your child’s needs. We understand your concerns and stand ready to support your child’s recovery and your family’s peace of mind.
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