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Children’s and Minor’s Law

In many areas, California law treats children differently than it treats adults. Because children are not mature enough to understand and look out for their own interests, the law supplies some protections for children that are not afforded to adults. In personal injury cases, California laws provide additional safeguards to protect children. In the personal injury context, some of the differences between an adult’s case and a child’s case are very important and can ultimately affect the recovery that your child makes.

As you can see from the above representing minors (below the age of 18) is a complicated and specialized area of the law. The rights of children has been a special area of the law that I have vast experience in. Over the past 20 years, I have represented minors and heirs of deceased minors numerous times in a variety of cases including automobile accidents, pedestrian accidents, bicycle accidents, dog bites and medical malpractice matters including catastrophic brain injuries.

As children below the age of 18 are not competent to represent themselves, the law in California requires that a Guardian Ad Litem be appointed for any case that exceeds $5,000. in value. Moreover, the law in California requires a judge approve any settlement in excess of $5,000.

Children that are younger than 5 are held to different standards when viewing their conduct that may have contributed to an injury due to the fault of another. As a father of 3 children, I understands the special needs and attention that is required to adequately and competently represent a minor including working with the parents, the minor child, defense counsel and the court.

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