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October 24, 2025

Best Legal Advice for Parents After a Child Injury in California

When a Normal Day Takes a Devastating Turn

It happens in an instant — one moment your child is laughing and playing, and the next, everything changes. Maybe it’s a fall on the playground, a car accident on the way home from school, or a dog bite at a neighbor’s house. You rush to the hospital, replaying the scene in your head, overwhelmed with fear and guilt, wondering what went wrong.

As a parent, nothing is more heartbreaking than seeing your child hurt. Between the chaos of medical visits, insurance questions, and emotional distress, it can feel impossible to know what to do next. You’re not just worried about their physical recovery — you’re thinking about how this will affect their future, your family’s finances, and their emotional well-being.

Understanding Your Child’s Legal Rights

Children Have the Same Legal Protections as Adults

Under California personal injury law, children have the same right to compensation as adults when their injuries are caused by another person’s negligence. Whether your child was hurt in a car crash, a playground fall, a dog attack, or any other preventable incident, they are legally entitled to recover damages for their:

  • Medical expenses
  • Pain and suffering
  • Emotional trauma
  • Long-term care or therapy needs

The key difference is that because minors cannot legally file lawsuits or sign binding contracts, parents or guardians must step in to take action on their behalf.

Unique Legal Considerations for Minors

Child injury cases in California come with unique rules designed to protect minors’ financial and emotional well-being. These protections make the process more secure but also more complex — which is why having an experienced child injury lawyer is so important.

Here’s what parents need to know:

  • Parents or Guardians Must File the Claim:
    Since children can’t represent themselves in legal matters, a parent or legal guardian must file the claim or lawsuit on their behalf.
  • Court Approval May Be Required for Settlements:
    In many cases, even if both sides agree to a settlement, the court must approve it to ensure the child’s interests are fully protected. This process is called a Minor’s Compromise Hearing.
  • Funds Are Typically Safeguarded Until the Child Turns 18:
    When a child receives compensation, California courts usually require that the funds be placed in a blocked account or trust until the child becomes an adult. This ensures the money is used only for the child’s benefit — not for unrelated expenses.

These safeguards are meant to ensure that any recovery truly supports the child’s long-term well-being, from ongoing medical care to educational or developmental needs.

Statute of Limitations for Child Injury Claims

California’s law recognizes that minors may not be able to pursue justice immediately. That’s why the statute of limitations — or legal time limit to file a claim — is more flexible for children.

  • For the Child’s Claim:
    The two-year time limit to file a personal injury lawsuit generally does not begin until the child turns 18. This means that, in most cases, a child has until their 20th birthday to file a claim.
  • For the Parent’s Claim:
    Parents, however, have their own claim for medical expenses and other financial losses related to the child’s injury. These claims typically must be filed within two years of the injury date.

Even though the law allows extra time for minors, it’s critical to act quickly. Evidence fades, witnesses move away, and memories become less reliable with time. Early legal action gives your attorney the best chance to gather strong evidence and build a successful case.

Steps Parents Should Take After a Child Injury

Get Immediate Medical Care

Your child’s health always comes first. Even if the injury seems minor, it’s critical to have a doctor examine them. Some serious injuries — like concussions, internal trauma, or fractures — may not show symptoms right away.

Prompt medical attention not only ensures your child’s safety but also creates official medical records that connect the injury to the accident. These records are essential evidence if you decide to file a claim later.

Document the Scene

If possible, take photos and videos of the accident scene right away. Capture details such as:

  • The location and surroundings
  • Any visible hazards (broken equipment, slippery floors, or unsafe conditions)
  • Your child’s injuries and any torn or damaged clothing

This documentation helps establish what happened and prevents property owners, schools, or other parties from denying responsibility later.

Gather Witness Information

If anyone saw the incident — whether it happened at a playground, in traffic, or on private property — ask for their names, phone numbers, and brief statements about what they observed. Witnesses can play a crucial role in verifying the cause of your child’s injury and confirming negligent behavior by others.

Report the Incident

Always make a formal report to the appropriate party:

  • A property owner or manager if it occurred on private or commercial property
  • A school or daycare administrator if it happened under their supervision
  • Law enforcement, if a vehicle or criminal act was involved

Ask for a written copy of the report, and follow up to ensure it’s properly filed. Reporting the incident creates a paper trail that supports your claim and prevents others from downplaying what occurred.

Keep All Medical and Expense Records

Maintain a detailed file of every document related to the injury, including:

  • Hospital and doctor reports
  • Prescriptions and treatment plans
  • Therapy or rehabilitation notes
  • Receipts for medications, transportation, or other out-of-pocket expenses

These records are key to proving the full cost of your child’s recovery and ensuring your family is reimbursed fairly.

Avoid Quick Insurance Settlements

After an injury, it’s common for insurance companies to reach out with early settlement offers — especially when a child is involved. These offers may sound helpful at first, but they often undervalue your child’s claim and fail to account for long-term medical needs or emotional trauma.

Never sign anything or accept payment before speaking with an experienced personal injury lawyer who can assess whether the offer truly meets your child’s needs.

Why You Need an Experienced Child Injury Attorney

Specialized Knowledge

Child injury cases are different from typical personal injury claims. They often involve unique laws, specialized procedures, and expert testimony.

An experienced attorney knows how to work with:

  • Medical professionals who can explain your child’s diagnosis, treatment, and long-term prognosis.
  • Accident reconstructionists who can demonstrate how the injury occurred and who was at fault.
  • Child psychologists or rehabilitation specialists who can testify about emotional trauma and future care needs.

This expertise ensures every aspect of your child’s injury — both physical and emotional — is fully understood and accurately represented in your claim.

Protecting Your Child’s Future

A quick settlement may seem like relief in the short term, but children often need ongoing care or therapy as they grow. A skilled attorney helps ensure that any settlement reflects your child’s long-term needs, not just immediate expenses.

This includes planning for future surgeries, rehabilitation, counseling, educational challenges, or lifelong disabilities. Attorney Tim D. Wright takes a proactive approach, fighting for compensation that truly supports your child’s recovery — now and in the years ahead.

Negotiating with Insurance Companies

Insurance companies often minimize or deny claims involving minors, assuming families will accept quick, low-value settlements. A dedicated lawyer levels the playing field.

Tim D. Wright and his team handle all communication and negotiation with insurance adjusters, protecting your family from unfair tactics and ensuring no one takes advantage of your situation. Their goal is simple: to secure a settlement that covers your child’s full medical, emotional, and financial needs.

Court Approval and Trust Accounts

California law requires that settlements for minors often go through court approval to make sure the agreement is in the child’s best interest. In some cases, the funds must be placed in a blocked trust account or structured settlement until the child turns 18.

An experienced attorney ensures this process is handled correctly, so the money remains safe and accessible only for your child’s benefit. Tim D. Wright personally oversees this step to guarantee full transparency and compliance with California’s strict minor settlement rules.

Protecting Your Child’s Future

A childhood injury can change everything in an instant. One moment, life feels normal — the next, your family is facing hospital visits, emotional distress, and uncertainty about what comes next. But no parent has to go through this alone.

California law provides strong protections for children harmed by negligence, giving families the right to seek justice and hold the responsible parties accountable. Whether the injury happened in a car accident, at school, or on unsafe property, parents have both the right and responsibility to take action — not only to cover medical expenses but also to protect their child’s emotional and financial future.

At Tim D. Wright Law, we understand how overwhelming this process can feel. Our role is to guide you through every step — from investigating the cause of your child’s injury to fighting for full compensation that reflects your child’s present and future needs. You focus on your family’s healing; we’ll handle the rest.

Contact Tim D. Wright Law Today

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1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506

☎️ Phone: (323) 379-9995
📧 Email: firm@timwrightlaw.com
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