How Long Does a Minor Have to File a Personal Injury Claim in California?
Usually, the ordinary filing period is paused while the injured person is under 18. For many California personal injury claims, the two-year deadline starts after the 18th birthday, generally making the 20th birthday the filing deadline. Claims against government entities and medical malpractice claims follow different rules, so families cannot assume every child-injury case gets that extension.
A child’s age changes when California’s ordinary personal injury deadline starts running. California’s statute of limitations for minors pauses the filing clock during childhood for many claims, but the protection is not universal. Some claims involving minors have much shorter procedural deadlines that minority tolling does not extend.
At M&Y Personal Injury Lawyers, we review when the injury occurred, how old the child was, and whether a public entity or another special deadline applies before relying on the ordinary tolling rule. The identity of the responsible party matters as much as the child’s age.
Key Takeaways for California Personal Injury Deadlines for Minors
- California generally pauses the ordinary personal injury limitations period while the injured person is under 18, so the two-year filing clock starts after the child reaches adulthood for many claims.
- The child does not have to wait until turning 18 to pursue the claim, and a parent or court-appointed representative may act on the child’s behalf earlier.
- Code of Civil Procedure § 352 expressly states that its minority-tolling rule does not apply to covered claims against public entities that require presentation under the Government Claims Act.
- Government-entity injury claims generally require an administrative claim within six months after the claim accrues, even when the injured person is a child.
- Medical malpractice claims involving minors follow a separate statutory deadline under CCP § 340.5 and do not follow the ordinary age-20 rule.
What Is the Ordinary Filing Deadline for an Injured Minor in California?
California’s ordinary personal injury statute of limitations is two years, but minority tolling changes when that period runs for many injured children. Code of Civil Procedure § 335.1 establishes the two-year period. Section 352 then excludes the time spent as a minor from the limitations calculation for covered claims.
In plain English, tolling means the limitations clock is paused. If a 12-year-old is injured in an ordinary negligence accident and § 352 applies, the two-year period generally does not run from ages 12 through 17. The limitations period begins after the child reaches 18.
The tolling rule preserves time. It does not require the family to wait until the child becomes an adult before taking action.
Does the Deadline Fall on the Minor’s 20th Birthday?
For an ordinary two-year personal injury claim covered by California’s minority-tolling rule, the lawsuit generally must be filed by the person’s 20th birthday. The California Supreme Court confirmed in Shalabi v. City of Fontana that the 18th birthday itself is excluded when calculating the post-minority limitations period.
That means a person who turns 18 on a given date has two full years from that date to file the personal injury lawsuit. The 20th birthday is a useful shorthand for many ordinary negligence claims. It is not a universal rule.
Why Is “Until Age 20” Not Always Accurate?
The age-20 shorthand applies only to ordinary claims governed by §§ 335.1 and 352. Several important claims follow different deadline rules:
- Claims against California public entities require an administrative claim, and § 352 expressly excludes those claims from ordinary minority tolling
- Medical malpractice claims follow CCP § 340.5 rather than the ordinary two-year period
- Claims governed by shorter or specialized statutes may not receive the same tolling protection
Relying on a single deadline number without checking the claim type and the identity of the defendant creates risk. The type of claim and the responsible party both affect the deadline.
Does the Child Have to Wait Until 18 to Pursue the Claim?
An injured child may pursue a civil case before adulthood through an adult representative appointed to act in the litigation. California Courts provides a guardian ad litem process that allows a court to appoint an adult to make litigation decisions for a minor who is a party to a case.
Minority tolling preserves time. It does not require delay. The distinction matters because evidence changes over time even when the legal deadline remains open.
Several types of evidence may become harder to gather as years pass:
- Surveillance footage from businesses or intersections may be overwritten or deleted
- Witnesses become harder to locate and memories become less detailed
- Damaged property may be repaired, sold, or discarded
- Business records may reach the end of retention periods
- Medical documentation is easier to organize when records are collected systematically
A longer filing period does not make early investigation irrelevant. It means the family has time to make informed decisions rather than being forced to rush.
What Happens When a Claim Involves a Government Entity?
Code of Civil Procedure § 352 expressly states that its minority-tolling rule does not apply to covered claims against public entities or public employees that require presentation under the Government Claims Act. That exception makes government-entity claims the most important deadline risk for families of injured children.
Government Code § 911.2 generally requires the administrative claim to be presented within six months after the cause of action accrues. California Courts confirms that claims against government agencies have shorter deadlines and generally require an administrative claim before suit.
This rule applies regardless of the child’s age. A six-year-old injured by a condition on city property faces the same initial six-month claim-presentation deadline as an adult.
Which Defendants Trigger the Government Claim Requirement?
Government-claim rules apply to injuries involving public entities and their employees. Several types of defendants trigger this separate deadline:
- Cities and city departments
- Counties
- School districts
- Public transit agencies
- State agencies and departments
A family assuming that ordinary minority tolling protects the claim may miss the government-claim deadline entirely. Identifying whether any potentially responsible party is a public entity is one of the first steps in evaluating a minor’s injury claim.
Can the Same Accident Have Different Filing Deadlines?
One accident may create different deadlines when both private and public parties may be responsible. A child’s claim against a negligent private driver may receive ordinary minority tolling, while a separate claim against a public entity must follow the Government Claims Act.
The shorter public-entity deadline does not automatically replace the deadline for every other defendant. Each potential claim needs its own deadline analysis based on who may be responsible and which law applies.
Families need to identify all potentially responsible parties before assuming that one filing date controls the entire case. A crash involving both a private vehicle and a city-maintained roadway is a common example where two different deadline rules apply to the same accident.
What if the Family Misses the Six-Month Government Claim Deadline?
Missing the initial six-month deadline does not always end a minor’s claim, but the late-claim procedure has its own short deadlines. Government Code § 911.4 allows a late-claim application, but it generally must be presented within a reasonable time not exceeding one year after accrual.
The statute specifically says time spent as a minor counts toward that one-year limit. Government Code § 911.6 contains special relief provisions for minors. Current law requires an agency to grant a qualifying late-claim application when the injured person was a minor during the applicable six-month period, subject to the statute’s timing rules.
The California Supreme Court has recognized that a minor is ordinarily entitled to relief on a timely late-claim application when the statutory requirements are satisfied. Families involved in a potential government claim need to pay attention to both the initial six-month period and the late-claim window.
What Is the Lawsuit Deadline After a Government Claim?
If a public entity provides a proper written rejection of a claim, Government Code § 945.6 generally requires the lawsuit to begin within six months after the rejection notice is delivered or mailed. If the required written notice is not given, a different two-year outside period applies.
Government claims involve more than one deadline. The claim-presentation deadline comes first, and a separate lawsuit deadline follows the agency’s response. Families tracking only the ordinary personal injury deadline may not realize these additional steps exist.
How Does Medical Malpractice Affect a Minor’s Filing Deadline?
CCP § 340.5 applies a separate rule to professional-negligence claims against healthcare providers. The ordinary minority-tolling rule under § 352 does not automatically pause medical-malpractice claims until age 18.
For minors, the action generally must be commenced within three years from the alleged wrongful act. If the child was under six at the time, the deadline is three years or before the child’s eighth birthday, whichever gives more time. Specified tolling rules also apply in circumstances listed in the statute.
Medical malpractice follows a separate statutory scheme and is outside M&Y Personal Injury Lawyers’ practice. Families dealing with a potential healthcare-related injury need to evaluate those deadlines independently.
The deadline changes depending on who caused the injury and what type of claim the child has.
| Type of Claim | General Minor Deadline Rule | Key Warning |
| Ordinary negligence personal injury | Limitations period generally tolled while injured person is under 18 | Two-year period generally begins after age 18 |
| Claim against California public entity | Ordinary § 352 minority tolling does not apply | Administrative claim usually due within six months |
| Late public-entity claim | Special minor relief may apply | Late-claim application has its own short deadline |
| Medical malpractice | Separate rule under CCP § 340.5 | Do not assume the child has until age 20 |
Does a California Court Have to Approve a Minor’s Settlement?
California courts oversee qualifying settlements involving minors and how the child’s money is handled. The California Courts system provides a formal minor-compromise procedure for approving the settlement and the disposition of proceeds.
Settling a child’s personal injury claim is not the same as settling an adult’s claim. The court reviews the terms to help protect the minor’s interests. Court approval is required regardless of settlement amount, although the approval procedure may differ depending on the circumstances.
This requirement exists whether the claim resolves early or after litigation. Families negotiating the resolution of a child’s claim need to account for the court-approval process as a separate step.
FAQs for a Minor’s Personal Injury Statute of Limitations in California
Does a parent have to file a lawsuit before the child turns 18?
No. California’s minority-tolling rule preserves the child’s ordinary personal injury claim while the child is under 18. A parent or guardian may pursue the claim earlier through the proper court process, but filing before adulthood is not required for covered claims.
What if the child was 17 when the accident happened?
The amount of minority tolling is shorter because the child reaches 18 sooner. For an ordinary claim covered by § 352, the two-year limitations period generally begins after the 18th birthday rather than running from the accident date.
What if the injured minor turns 18 while the claim is still being negotiated?
Turning 18 ends the age-based tolling period for an ordinary claim. Settlement discussions do not automatically stop the statute of limitations. The filing deadline still needs to be calculated and protected regardless of ongoing negotiations.
Does the statute of limitations change if the child recovers quickly?
No. The filing deadline is determined by the governing law and claim type, not by the speed of recovery. A child who heals quickly faces the same deadline as a child with lasting injuries.
Does an insurance company need court approval to settle directly with a minor?
A minor’s settlement may require court approval under California’s minor-compromise procedure. The court reviews the terms and how the child’s proceeds are handled. Families involved in personal injury settlement discussions need to account for that step.
The Child’s Age Is Only Part of the Deadline Question
A child’s age can pause the ordinary limitations period, but the identity of the defendant changes the rule entirely. M&Y Personal Injury Lawyers reviews when the injury occurred, how old the child was, and whether a public entity, medical provider, or another special deadline is involved.
We do not handle medical malpractice claims. We focus on personal injury claims involving negligence, vehicle collisions, unsafe property conditions, and other accepted practice areas.
Consultations are free, with no obligation. We handle claims on a contingency basis and collect no fee unless we recover compensation. Our phones are answered 24 hours a day, seven days a week.
Call 866-864-5477 to talk through the child’s injury, the responsible parties, and which deadlines may apply.
