Can Parents Sue on Behalf of an Injured Child in California?

When a child is seriously injured in an accident because of another person’s negligence, the effects can reach far beyond the immediate medical treatment they require. An injured child in California may face various challenges that can continue for months or even years. Parents of minor children injured in accidents may also find themselves managing medical appointments, insurance claims, missed work, and concerns about their child’s future.

California law provides a process for pursuing compensation when a minor is injured through the wrongful act or negligence of another party. Because children typically cannot handle a personal injury lawsuit on their own, an adult may act on their behalf during the legal proceedings.

At Levinson Law Group, our San Diego and Carlsbad accident injury lawyers represent children and families after they have been injured in car accidents, pedestrian accidents, falls, and other incidents caused by negligence. Understanding how claims involving minors work can help families protect a child’s legal rights and pursue compensation for the full effects of an injury.

Can a Parent Sue on Behalf of Their Child in CA?

In California, a parent can typically take legal action to protect an injured minor’s rights, but there are specific procedures for cases involving children. Under California Code of Civil Procedure § 372, a minor who is a party to a lawsuit must appear through a guardian, conservator of the estate, or a guardian ad litem appointed by the court.

A guardian ad litem is an adult appointed to represent the child’s interests during the lawsuit. A parent can be a guardian ad litem, although the court may appoint someone else when appropriate. California courts use Form CIV-010 for an application seeking appointment of a guardian ad litem in civil cases involving a minor.

California Code of Civil Procedure § 376 also addresses a parent’s ability to maintain an action for an injury to an unmarried minor child if the injury was caused by another person’s wrongful act or negligence. The statute also includes procedures for circumstances in which neither parent participates in the action to pursue compensation for a minor child.

In practical terms, the child’s personal injury case may involve a parent or other appointed adult who handles legal decisions, while the compensation being sought is intended to address direct losses resulting from the child’s injuries.

Accidents That May Lead to a Child Injury Claim in California

Children can be injured in many of the same accidents that injure adults, but their age, size, development, and dependence on at least one adult can affect both the severity of an injury and the circumstances surrounding the accident. The most common accidents in California that cause injuries to a child include:

• Car Accidents – Children who are in a car accident may suffer head injuries, fractures, internal injuries, spinal injuries, cuts, or emotional trauma while riding as passengers in a vehicle.
• Pedestrian Accidents – A child who is struck while walking through a neighborhood, crosswalk, parking lot, or school area may sustain catastrophic injuries.
• Bicycle Accidents – Negligent drivers can put children riding bicycles at significant risk of severe injury or even death, particularly at intersections and residential streets.
• Parking Lot Accidents – Drivers who are backing out of parking spaces or moving through crowded parking lots may fail to see a smaller child either next to their car or behind it.
• School Bus Accidents – Children can be injured in collisions involving school buses or other vehicles, as well as during boarding or exiting a bus under some circumstances.
• Slip & Fall Accidents – Dangerous stairs, slippery surfaces, poorly maintained walkways, and other hazards on properties throughout California may lead to children tripping, slipping, or falling.
• Premises liability accidents – Property owners or other responsible parties may be held liable when unsafe conditions contribute to a child being injured.
• Other negligence-related accidents – Recreational activities, defective products, unsafe equipment, and other circumstances may also support a claim depending on who caused or contributed to the injury.

Determining liability when a child is injured because of another person or party’s negligence requires examining what happened, who had a duty to act reasonably, and whether a person’s or organization’s conduct contributed to the child’s injuries.

Can I Sue Someone for Traumatizing My Child in California?

A child who experiences a frightening accident that has caused them to be injured may suffer emotional and psychological effects on top of their physical injuries. In a personal injury claim, the impact of an accident may be considered part of the child’s non-economic damages when they are a direct result of the accident and can be connected to the defendant’s wrongful conduct through evidence.

California Civil Code § 1431.2 describes non-economic damages as subjective, non-monetary losses that include:

• Pain, suffering
• Inconvenience
• Mental suffering
• Emotional distress
• Loss of society and companionship
• Injury to reputation
• Humiliation

For an injured child in California, a serious accident could cause intense emotional effects. Depending on the circumstances, a child might experience PTSD that can cause:

• Fear associated with vehicles
• Difficulty sleeping
• Anxiety about returning to the location where the accident occurred
• Withdrawal from activities
• Other changes in behavior and emotional well-being

The existence of emotional trauma alone does not automatically establish liability in an accident case where a child is injured. A child accident injury claim in California must be supported by the facts and applicable law. Various types of documentation will be required to help demonstrate how the accident affected the child, including:

• Medical records
• Mental health treatment records when applicable
• Observations from parents and teachers
• Other documentation

California Civil Code § 3281 states that a person, including a child, who suffers harm caused by another’s unlawful act or omission may recover monetary compensation from the person at fault. The law also recognizes various types of damages that may be pursued for certain future harm that is sufficiently established.

Levinson Law Group Represents Injured Children and Their Families in California

When a child is hurt in an accident in California that was caused by another person’s negligence, the legal process should account for both the child’s current injuries and the ways those injuries may affect their future. California has specific procedures governing lawsuits and settlements involving minors, making these cases different from standard adult accident injury claims in the state.

Our team at Levinson Law Group represents personal injury and car accident victims throughout California. Our child accident injury attorneys will:

• Investigate how an accident occurred
• Identify responsible parties and available insurance coverage
• Document physical and emotional injuries
• Evaluate potential damages
• Handle the court procedures

Families whose children have been injured in a car accident, pedestrian accident, parking lot accident, school bus accident, slip and fall, or another negligence-related event can contact our team at Levinson Law Group to discuss the circumstances of the injury and available options for pursuing compensation.