Can a Minor Bring Forward a Personal Injury Lawsuit in California?

Your worst nightmare has come true and your minor child has sustained injuries due to another party’s negligence. Because of his or her injuries, your child requires medical treatments that you might not be able to afford. But can your child sue the responsible party per the Golden State’s laws? If you need to know, please read on, then contact an experienced Santa Clara County slip and fall accident attorney to learn if a minor can bring forward a personal injury lawsuit in the state of California.

Is a California minor allowed to file suit for personal injury?

In California, children under 18 years of age are not permitted to file lawsuits. If your child sustained injuries due to an individual’s or business owner’s negligence, you, the parent or legal guardian, would need to file a personal injury claim on his or her behalf.

How does a parent or guardian file a personal injury claim on behalf of a minor in California?

In the state of California, parents or legal guardians can sue for two types of damages: economic damages and non-economic damages. Economic damages relate to the financial burden of the minor’s injuries including, but not limited to, the following:

  • Hospital bills
  • Doctor’s visits
  • Physical therapy
  • Any and all medical treatments

Conversely, non-economic damages relate to non-monetary damages, including:

  • Emotional distress
  • Physical or emotional pain and suffering
  • Loss of enjoyment of life
  • Damage to relationships with family members
  • Loss of consortium
  • Diminished quality of life
  • Permanent disabilities and impairments
  • Permanent disfigurement

If your minor child has suffered in any way because of the negligence of another person or party, you should reach out to one of our skilled Santa Clara County personal injury attorneys to discuss your next steps.

How can a Santa Clara County personal injury attorney help you?

First of all, a Santa Clara County personal injury attorney will inform you of your rights and responsibilities as they pertain to your child and his or her case. A qualified legal representative will also collect, prepare and present the evidence needed to prove your child’s case in court. This evidence includes your child’s medical records, statements from witnesses, police reports and photos and/or videos of the accident scene. He or she will provide guidance so that you, the parent or guardian, can make informed decisions on behalf of your child. You and your child do not have to undertake this process alone. Please give us a call today.


When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.