A catastrophic injury is life-altering for anyone but when the victim is a child, the impact can be especially profound. Children are still developing physically, emotionally, and cognitively. When they suffer a traumatic brain injury, spinal cord damage, amputation, or other catastrophic harm, the long-term consequences can affect every aspect of their future—from education and mobility to earning capacity and emotional well-being.
In Orange County, where active families and busy roads intersect with everyday risks, parents must understand how catastrophic injury claims involving minors are handled differently under California law. If your child has suffered a serious injury due to someone else’s negligence, you have legal options but there are unique challenges and protections that apply when the victim is a minor.
This article explores how catastrophic injuries affect children differently, what special legal considerations apply, and why having an experienced personal injury attorney is crucial for protecting your child’s future.
Children are not just small adults their injuries and recoveries often follow completely different paths.
Children are still growing, which means certain injuries (like fractures or spinal trauma) may worsen over time or cause complications as they age. For example, an injury to a growth plate can permanently affect limb development, balance, or mobility.
A catastrophic injury sustained in childhood affects not just the next few years—but potentially the next several decades. The need for medical care, therapy, and adaptive devices can last a lifetime, often resulting in much higher long-term costs than adult injury cases.
Injuries to the brain or nervous system can hinder a child’s ability to learn, communicate, or socialize. Even with extensive therapy, some children may never reach developmental milestones appropriate for their age group.
A child with a permanent disability may never be able to work or earn a living. Part of a legal claim includes estimating how the injury will affect future income and independence.
While every case is unique, some common scenarios where catastrophic injuries occur in minors include:
Orange County, with its mix of urban areas, traffic congestion, and recreational activities, sees a range of cases involving minors harmed due to negligence or unsafe conditions.
In California, injury claims involving children follow specific legal rules and safeguards designed to protect the child’s best interests.
Since children cannot legally file lawsuits, a parent or legal guardian must initiate the claim on their behalf. This person is known as the “guardian ad litem” during the case and is responsible for acting in the child’s best interests.
Typically, California gives adults two years from the date of injury to file a personal injury claim. For children, the law is more lenient. In most cases, the statute of limitations is paused (tolled) until the child turns 18. That means they usually have until age 20 to file a lawsuit.
However, there are exceptions:
Because these timelines can vary, it’s important to speak with an Orange County personal injury attorney as soon as possible after the injury.
Even if you reach a favorable settlement with an insurance company or at-fault party, California law requires judicial approval for any settlement involving a child. This safeguard exists to ensure that:
This process is known as a Minor’s Compromise Hearing, and it usually involves submitting documentation to the court, including:
In most cases, the judge will require the funds to be placed in a blocked account (which cannot be accessed until the child turns 18) or managed through a structured settlement that pays out over time.
Catastrophic injury claims for minors typically involve substantial damages, which may include:
These claims often require expert testimony from doctors, life-care planners, and economists to project the full extent of the child’s lifetime needs.
Catastrophic injury cases involving children are complex, emotional, and high-stakes. You need a legal team that understands not only the personal injury system, but also the long-term implications for your child’s life.
At Khalil Law Group, we fight for Orange County families facing the unimaginable. We partner with medical experts, therapists, and financial specialists to build a compelling case that reflects the full scope of your child’s damages—both now and in the future.
We also guide you through the sensitive legal processes, including:
A catastrophic injury to your child is devastating—but you don’t have to face the legal system alone. At Khalil Law Group, we treat your case with the urgency, sensitivity, and dedication it deserves. Contact us today for a free consultation.