When a child is hurt the claim follows different rules
When your child is hurt, you want the claim handled fast so you can focus on healing. California adds a few protective steps for children. The main one is the minor’s compromise California courts require before a child’s settlement becomes final.
A parent cannot simply sign a release and cash a check for a child. A judge reviews the deal first and decides how the money is kept until the child is older. Our personal injury page explains how injury claims work in general.
The information here is general information about California law and is not legal advice for your situation.
Who acts for a child in an injury claim
A child cannot bring a lawsuit or sign a binding settlement alone. An adult has to act for them.
Under Code of Civil Procedure section 372, a child in a lawsuit appears through a guardian, a conservator or a guardian ad litem. A guardian ad litem is an adult the court appoints for the case. It is often a parent.
The guardian ad litem makes decisions about the claim for the child. That person may settle the claim only with the approval of the court where the case is pending.
How a minor’s compromise in California works
Many claims for children settle before anyone files a lawsuit. Court approval is still required.
Probate Code section 3500 lets a parent settle a child’s disputed claim when the child has no guardian of the estate. The settlement is valid only after a superior court approves it on a petition.
The petition explains what happened, the child’s injuries and treatment and the settlement amount. It also lists the medical bills, liens and fees to be paid from the settlement. The judge then decides whether the deal is fair to the child.
What the court usually wants to see
Each county court sets its own local steps, so check with the court where you file. Courts commonly ask for these items.
- The Judicial Council petition form, signed under penalty of perjury
- A recent doctor’s report on the child’s condition
- Bills and lien amounts that will be paid from the settlement
- Photos of any scarring or lasting injury
- Details on how the child’s share will be held
Some courts let simple petitions be decided without a hearing. Others ask the parent and child to attend.
Where a child’s settlement money goes
The money belongs to the child, not the parent. Probate Code section 3500 says it must be handled under the rules that start at section 3600.
Probate Code section 3611 lists options the court may order. Common choices are these.
- A blocked account at an insured California bank, with withdrawals only by court order
- A single premium deferred annuity that pays out later
- A trust in some situations, such as when a child receives public benefits
When the court orders a deposit into a blocked account or annuity, the parent’s release does not take effect until the money is deposited as ordered.
What happens when the child turns 18
With a blocked account, the child can usually withdraw the money at 18. Parents should plan for that day, since a young adult may receive a large sum at once.
An annuity can spread payments into adulthood. A trust can protect benefit eligibility. The petition explains the choice, and the judge decides whether it serves the child.
Deadlines for a child’s claim
Deadlines for children differ from adult deadlines. Some claims, such as claims against a city or county, have much shorter notice periods.
Our page on the statute of limitations covers the time limits. Check them early so a missed date does not close the door.
Steps parents can take now
Start with your child’s health, then keep records.
- Get medical care and follow the treatment plan
- Keep every bill, record and receipt
- Take photos of injuries as they heal
- Save the names of witnesses
- Avoid signing any release before you understand it
If a car seat was involved, our post on California car seat laws explains the rules for young passengers.
How the minor’s compromise petition moves through court
The steps can look slow from the outside. Knowing the order makes it easier to plan.
Step 1. Gather the facts and the numbers
Start by collecting medical records, bills and any lien notices. Ask each provider and any health plan for a final balance in writing.
The petition needs these numbers to be accurate. A judge cannot approve a split of the money until the costs are known.
Step 2. Complete the Judicial Council form
California Rules of Court, rule 7.950 says the petition must be verified by the person filing it. It must also give a full disclosure of everything that bears on whether the settlement is reasonable.
Unless a short form applies, the petition is filed on Judicial Council form MC-350. The form walks through the injury, the treatment, the settlement terms and the proposed fees and costs.
Step 3. File and attend the hearing if one is set
The court reviews the petition and either approves it, asks for more information or sets a hearing. Bring the child if the court asks for it.
Step 4. Deposit the money as ordered
After approval, the money goes where the order directs. Keep the bank or annuity receipts, since the court may require proof of deposit.
How a minor’s compromise plays out in real life
Examples can make the rules clearer. The two below are simplified illustrations and not real cases.
Example of a small settlement
Imagine a 9 year old with a broken wrist after a crash. The insurer offers a settlement, and some of it will repay a health plan lien.
The parent files a petition listing the injury, the treatment and the lien. The judge approves the deal, and the child’s share goes into a blocked account until age 18.
Example of a larger settlement
Now imagine a younger child with a lasting injury and a larger offer. The petition may propose an annuity that pays out over years instead of one lump sum at 18.
The judge looks at whether the plan fits the child’s future needs. If not, the judge can ask for changes before approving it.
How long a family has to bring a child’s claim
In California, the general deadline for a personal injury lawsuit is two years under Code of Civil Procedure section 335.1. For a child, the rule is different in most cases.
Code of Civil Procedure section 352 says the time a person is under the age of majority is not counted toward that deadline. In plain terms, the clock usually waits until the child turns 18.
The big exception for public agencies
That pause does not apply to claims that must first be presented to a public entity. Section 352 says so directly.
Under Government Code section 911.2, a claim for injury against a public entity must be presented within six months. That can matter when a school bus, city vehicle or road condition is involved.
Why waiting can still hurt
Even when the deadline is years away, evidence fades. Witnesses move, video is erased and memories blur, so early records protect the child’s claim.
Frequently asked questions
Can a parent settle a child’s claim without going to court?
No. Under Probate Code section 3500, a parent’s settlement of a child’s claim is valid only after a superior court approves it.
Can my child get money before turning 18?
Sometimes. The court may allow a withdrawal for a specific need, but only by court order.
Do medical bills come out of the settlement?
Usually yes. The petition lists bills and liens, and the court approves what is paid.
What form is used for a minor’s compromise?
Most petitions are filed on Judicial Council form MC-350 under rule 7.950 of the California Rules of Court.
Does the deadline pause for a child’s claim against a city?
No. Code of Civil Procedure section 352 does not pause the claim deadline for public entities, and Government Code section 911.2 sets a six month limit for injury claims.
Who pays the lawyer’s fee in a child’s settlement?
The court reviews and approves any fee paid from a child’s settlement as part of the petition.
Talk with someone who will explain the process
A child’s injury is stressful enough without court forms. At The Friel Law Firm, you can speak directly with one of our attorneys, and you will be treated as a person and not a case file.
If you have questions after your child is hurt, we can explain your options. Call (209) 300-6117 for a free consultation.