Injured Children
When a caretaker’s negligence injures a child, the family can pursue compensation, and California gives injured minors extra time to file. Children are generally not held to an adult’s standard of fault. Protection Law Group represents injured children and their families across California on contingency: no upfront fees, and you pay only if we win.
Key Points
- Children are usually not held legally responsible for contributing to their own injuries.
- California tolls (pauses) the filing deadline for minors, so the clock often starts later.
- Liable parties can include daycares, schools, babysitters, or other caretakers.
An injured child is devastating for both the child and the family. It is worse when it’s the result of an accident or negligence of another. In most cases, the law doesn’t hold child victims responsible for actions contributing to their injuries. If your child has been in an accident, you may be entitled to compensation that could cover medical bills, funeral expenses, lost wages while caring for your child, pain and suffering, and more.
Auto accidents are the leading cause of death for children, while suffocation is the primary cause for infants and drowning for toddlers. Falls account for most nonfatal injuries in children. Injuries to children also include animal attacks, dangerous toy accidents, falls, choking, poisoning, swimming pool accidents, sports injuries, and playground incidents.
Perpetrators of injuries to children are often caretakers that include babysitters, other children’s parents, daycare centers, or schools. To prove negligence, you must establish that the caretaker had a duty of care, breached that duty, and that this breach directly caused your child’s injury. Even if your child’s actions contribute to the injury, they may be considered too young to be held liable for their conduct.
If your child suffered an injury due to the negligence of a caretaker, contact us immediately.
We protect your rights!
Frequently Asked Questions
Usually yes. California pauses (tolls) the statute of limitations for minors, so the deadline often does not run normally until the child turns 18. [needs verification]
Caretakers such as daycares, schools, babysitters, or other supervising adults, if their negligence caused the injury.
Children are generally considered too young to be held to an adult standard of care, so partial fault rarely bars recovery.
California typically requires court approval of a minor’s settlement, and funds are often protected (for example, in a blocked account) until the child reaches adulthood.
Medical bills, future care, pain and suffering, and related costs, and in tragic cases, funeral expenses and a parent’s lost wages while caring for the child.
Sources
- California Legislative Information, Code of Civil Procedure § 352 (tolling for minors), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=352&lawCode=CCP
- California Legislative Information, Code of Civil Procedure § 335.1, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP
- California Courts Self-Help Guide, Personal Injury, https://selfhelp.courts.ca.gov/civil-lawsuit/personal-injury
- California Courts, Minor’s Compromise, https://selfhelp.courts.ca.gov/
Disclaimer: This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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