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Understanding the Statutes of Limitations for Minors in California Personal Injury Cases

Posted by Eric G. Young | Jan 24, 2025 | 0 Comments

When a minor is injured due to someone else's negligence or wrongdoing in California, the law provides specific rules for when they can file a lawsuit. Understanding these rules is critical for protecting the legal rights of an injured child and ensuring they receive the compensation they deserve. In this article, we'll explore the statute of limitations for minors, the concept of "accrual," the impact of the "discovery rule," and special considerations for medical malpractice and government entity cases.

General Personal Injury Statute of Limitations for Minors

As shown above, many events, activities, or things we encounter in our day-to-day life can cause personal injury. For most personal injury cases in California, the statute of limitations is two years from the date of the injury. (Code of Civil Procedure section 335.1.) In most personal injury cases, the parties will not dispute this date because both will know the date the injury occurred.

However, when the injured party is a minor (under 18 years old), the law pauses the clock in a general personal injury case until they turn 18. This is called "tolling," and it is a distinct concept from situations that might "extend" statutes of limitations. That is a topic beyond this article. Tolling means the statute of limitations clock does not even start ticking at all until the minor turns 18, giving them until their 20th birthday to file a lawsuit in general personal injury cases.

Special Rules for Medical Malpractice Cases

In cases of medical malpractice, the rules are much more complicated and stricter. A minor injured by medical negligence must generally file a lawsuit within three years of the date of the injury or, if the minor is under six years old, by their eighth birthday—whichever comes later. (Code of Civil Procedure section 340.5.) 

Cases Involving Government Entities

If a government entity is involved, such as a public school or municipal agency, parties with personal injury claims (including minors) must comply with strict claim requirements before a lawsuit can even be filed in court. A government claim must typically be filed not later than six months after the accrual of the claim. (Code of Civil Procedure section 911.2(a).) If the claim is denied, the lawsuit must be filed within a shortened timeframe. These strict and often confusing deadlines make it essential to act quickly in such cases.

The "Accrual" Trap

Notably, the use of the word "accrual" in the statute above - a word which is completely absent from the statute of limitations for other personal injury cases (CCP section 335.1) - has led to enormous confusion. Lawyers and judges often miscalculate the deadlines imposed by statutes of limitations due to misunderstanding the meaning of accrual. 

In simplest terms, the accrual date is the date when the statute of limitations "clock" begins to tick. However, the accrual date is not always straightforward, and a thorough discussion is beyond the scope of one blog article. It is important to consult with an attorney as soon as possible once you know or even suspect your child was injured by someone else's negligence of wrongdoing.

The "Discovery Rule" and How It Affects Deadlines

The discovery rule may extend the time to file a lawsuit if the injury or its cause is not immediately apparent. For example, if a child sustains an injury but the harm or its connection to negligence is discovered later, the statute of limitations begins to run (i.e., "accrues") when the injury is reasonably discovered or should have been discovered. This rule is critical in cases involving latent injuries, such as exposure to toxic substances. 

Do Not Let the Grass Grow Under Your Claim

This articles does not profess to be a complete discussion of the ways in which statutes of limitations may be longer than what the strict letter of the law suggests. However, you must never count on the benefit of any tolling or other extensions. There is a saying that goes, "Do not let the grass grow under your feet." In other words, do not delay.

Generally, the statute of limitations in a personal injury lawsuit will be strictly enforced by the court. Failing to meet the deadline will result in you being barred forever from asserting the claim in court, and this is mostly true regardless of life circumstances such as illness, injury recovery, or protracted absence. This strict enforcement is based on the fact that once the statute of limitations expires, the court loses jurisdiction (i.e., power to decide) over the claim.

Key Reasons Not to Delay

While the law allows extra time for minors in most situations, there are good reasons not to delay even if you have extra time. Here's why:

  • Preservation of evidence: Over time, crucial evidence may be lost, and witness memories may fade.
  • Timely access to compensation: Resolving the case sooner allows the child and their family to cover medical expenses, therapy, or other needs more quickly. These relieves financial pressure on the family.
  • Protection against legal challenges: Delaying could increase the risk of procedural errors or difficulties proving the case as time passes. In some instances, even though a statute of limitations may not have expired, the court may determine that you "slumbered on your rights to the prejudice of the other party" and not permit the lawsuit to go forward. While this is rare, it does occur. This is a concept known as "laches."
  • Peace of mind: Resolving the case sooner can help the family move forward.
Is Delay Ever Preferable?

In certain circumstances, while rare, delay may be an appropriate strategy. Here's when this may be true:

  • Maximizing damages: Delaying may allow the full scope of injuries or long-term impacts to become clear, ensuring all damages are included in the claim.
  • Companion case: Some personal injury cases give rise to criminal cases involving the other party or perhaps your child. You may want to allow the criminal matter to play itself out first, and in at least one situation, you must wait. Another scenario is the rare instance when a party might be involved in both a workers' compensation case as well as having a personal injury claim in civil court.
  • Improved settlement opportunities: In some cases, additional time may lead to a more favorable settlement environment.
The Complexity of Statutes of Limitations for Minors

Determining the appropriate deadline to file a lawsuit in any personal injury case can be complex, and this is especially true in cases involving minors. At Young Law Group, we understand the intricacies and nuances of these deadlines, and the practical and strategic consequences of filing a lawsuit or waiting. We are here to help you navigate these challenges, whether for you or your child.

If you or your child has been injured due to someone else's negligence or intentional wrongdoing, contact Young Law Group today. There are three reasons you should consider us:

  1. Our initial consultations are always free in our personal injury cases;
  2. We do not hold our potential new clients to arbitrary time limits for their initial consultations that many other firm impose. Whether it takes 30 minutes or several hours, we want to hear your story so that we fully understand the facts and how we may be able to help. We are, first and foremost, truth seekers.
  3. We will provide you with honest answers and our professional opinion, even if we know it will disappoint you. We respect all those who come to us enough to guarantee that we will not lead you astray by trying to "upsell" you on your claim, nor will we rush you to get your signature on a fee agreement the way many firms do. 

Call us to schedule a free, initial consultation for you or your child. We can meet with you in person, telephonically, or by video, depending on your preference. We represent parties throughout California. Contact us even if you do not live in the San Francisco Bay Area.

Your future, or that of your child, may depend on the actions you take.

About the Author

Eric G. Young

Mr. Young began representing seriously injured persons in 1997. Since that time, Mr. Young has worked on behalf of both plaintiffs and defendants, so he has experience working with the "other side," which he feels gives him a unique perspective on how to best represent injured person. Over his...

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