Statutes of Limitations for Minors in California Personal Injury Cases

In California, time limits for filing a personal injury lawsuit—known as statutes of limitations—are strict, and missing a deadline can end a case before it begins. For adults, the rules are relatively straightforward: most personal injury claims must be filed within two years from the date of injury. For minors, however, the law recognizes that a child cannot realistically be expected to pursue legal action on their own, so the timeline is different—and often more generous.

The Legal Pause for Childhood

Under California law, the statute of limitations for a personal injury claim involving a minor is generally “tolled,” or paused, until the child turns 18. This means the two-year period to file suit typically does not begin until their 18th birthday, allowing them to bring a claim up until they turn 20. This rule applies to a wide range of injury cases—from car accidents to premises liability incidents—and ensures that children have the opportunity to seek justice once they reach adulthood, even if their parents or guardians did not initiate a claim earlier.

Why Waiting Can Still Be Risky

While the law provides this extended time, waiting too long can be dangerous. Evidence degrades. Witness memories fade. Medical documentation can become harder to obtain. In cases involving serious injuries, early legal action allows attorneys to preserve crucial records and testimony, which can make a significant difference in proving liability and damages. For medical malpractice claims involving minors, the timeline can be more complex, with shorter deadlines in certain situations, meaning parents should seek legal advice immediately rather than assuming the full tolling period applies.

Advocating for the Youngest Clients

At Phillips & Associates, we understand the unique challenges families face when a child is injured. Beyond medical bills and recovery, there is the emotional burden of navigating a legal system designed for adults. Our firm works to ensure that no deadline is missed, and that every child’s case is supported by the strongest possible evidence. Whether it’s negotiating with insurance companies or preparing for trial, our advocacy is built on meticulous preparation and a deep understanding of how California’s rules protect minors.

If your child has been injured due to someone else’s negligence, the time to act is now—even if you believe the statute of limitations is far off. Early action preserves your options, safeguards your evidence, and gives your family the best chance at securing fair compensation. Contact Phillips & Associates to discuss your case and learn how we can help protect your child’s rights from the very start.