Minors who are injured in an accident in California usually have until they turn 20 years old to bring a lawsuit. This is because the two-year “statute of limitations” to bring a negligence or product liability lawsuit generally pauses (“tolls”) until the child turns 18, although there are exceptions.
The following table outlines the statute of limitations to sue for injuries sustained as adults versus as children.
| Type of Claim in California | Statute of Limitations for Adults | Statute of Limitations for Minors |
| Personal Injury | 2 years after the date of injury | The minor’s 20th birthday |
| Medical Malpractice | 3 years from the date of injury OR 1 year after discovery, whichever occurs first | For minors 5 and younger: Prior to the 8th birthday OR 3 years of the alleged wrongful act, whichever is longer. For other minors: 3 years from the date of injury |
| Claims against Government Entities | 6 months after the date of injury | 6 months after the date of injury (though minors may apply for permission to file a late claim) |
To help you better understand the laws on the statute of limitations for minors, our California personal injury lawyers discuss the following:
- 1. What is the statute of limitations for minors?
- 2. When else is the statute “tolled”?
- 3. What happens if I discover the injury late?
- 4. Damages
- 5. California Tort Claims Act
- 6. When the Statute of Limitations has Passed
The statute of limitations begins to run from the time the plaintiff knows or should have known, of the injury. However, when the injury victim is a minor, this time limit may be “tolled,” or paused.
1. What is the statute of limitations for minors?
Most personal injury claims have a two-year statute of limitations. However, when the victim is under the age of 18, the statute of limitations generally begins to run once the victim turns 18.
Example: Daniel turned 16 years old on June 14, 2012. The next day, June 15, Daniel suffered a back injury when he was thrown from a roller coaster with a broken seat restraint. The time limit to sue the amusement park for negligence would generally be two years from the date of the injury, or June 15, 2014.
However, Daniel was a minor at the time of the roller coaster accident. Therefore, the two-year time limit to sue begins to run on June 14, 2014, when Daniel turns 18. Daniel can file a lawsuit against the amusement park as late as June 14, 2016.
When the plaintiff in a personal injury case does not file a claim within the time limit, the plaintiff may have their claim denied. This means the plaintiff will not be able to claim damages for their losses and injuries.1
Statute of Limitations for Medical Malpractice Claims
The statute of limitations in a medical malpractice case may be different when a minor is injured, as the following table illustrates:2
| Medical Malpractice Victim | Time to File a Claim in California |
| Adult (18 or older) | Within three years of the wrongful act OR one year after discovery, whichever occurs first. |
| Minor 6 to 17 | Within three years of the wrongful act. |
| Minor 5 and younger | Prior to the eighth birthday OR three years of the wrongful act, whichever is longer. |
2. When else is the statute “tolled”?
A victim being under 18 is not the only reason that a statute of limitations can “toll,” which means to stop running. Other reasons that can pause the statute of limitations are when the defendant is:
- under 18,
- out of the state,
- in prison, or
- legally insane.
Once the tolling condition ends, the statute of limitations begins to run again.
3. What happens if I discover the injury late?
Some injuries are not discovered for weeks, months, or even years. When an injury victim or the surviving family members find out about an injury after the statute of limitations has passed, they may still be able to file a lawsuit based on delayed discovery.
Delayed discovery provides for a longer statute of limitations in some situations. This includes where the plaintiff:
- Did not know of facts that would have caused a reasonable person to suspect that they had suffered harm caused by someone’s wrongful actions; or
- A reasonable and diligent investigation would not have discovered that a harmful product or situation contributed to the plaintiff’s harm.3
Delayed discovery is common in medical malpractice cases and other types of personal injury where the victim is unaware of the injury or did not know the cause of the injury.
Example: Elaine had surgery to remove her appendix on February 14, 2002. The doctors said the surgery was successful; however, Elaine suffered stomach pains on and off ever since the surgery. In 2010, Elaine went in for surgery because of her increasing stomach pain. A doctor discovered a pair of surgical scissors had been left inside her body from the prior surgery.
Elaine files a lawsuit against the doctors and hospital involved in the 2002 surgery. The defendants argue that the statute of limitations for a medical malpractice claim passed on February 15, 2005. However, the jury determines that a reasonable person would not have suspected the stomach pain was caused by medical negligence, such as leaving a pair of surgical scissors inside the patient. Based on delayed discovery, Elaine may still be able to file a medical malpractice claim.
4. Damages
The damages available in most personal injury accidents involving minors may include:
- Medical bills,
- Continuing medical treatment,
- Physical therapy,
- Emotional harm,
- Loss of earning capacity,
- Compensation for disfigurement or scarring,
- Compensation for paralysis or loss of a limb, and
- Pain and suffering.
Damages for minors can be different than those suffered by adults. For example, adults may also be able to claim lost wages, but minors may not have lost wages if they are not working.
When a minor has suffered serious or permanent injuries that prevent them from working ever, the damages may be very high based on future projections. Damages experts calculate harm including loss of future income based on the victim’s estimated lifespan.
5. California Tort Claims Act
When a government employee or government agency is responsible for an injury, the victim may have to file a claim under the California Tort Claims Act. In most situations, a notice of claim against a government agency needs to be filed within only six months.
The notice requirement is not tolled when the victim is under 18.4 However, the Tort Claims Act allows claimants to submit an application for permission to file a late claim. Generally, an application for a late claim cannot be filed beyond one year from the expiration of the claim period.
6. When the Statute of Limitations has Passed
If the statute of limitations has passed, there may be other ways to seek compensation for damages. This includes filing a claim under an alternative cause of action with a longer statute of limitations.
Talk to your California personal injury attorney about the statute of limitations in your case and whether there are avenues for filing late. Your lawyer may also be able to identify any exceptions to an expired statute of limitations.
Additional Reading
For more information, refer to our related articles by our California personal injury lawyers:
- 5 situations when the statute of limitations is tolled in California – Overview of when the statute of limitations pauses for bringing personal injury lawsuits.
- What is the limitations period for an injured person to sue for negligence in California? – Guide to when you can sue for personal injury.
- What is the medical malpractice statute of limitations under California law? – Spells out the time limits for suing doctors and hospitals for medical malpractice.
- What is the statute of limitations for wrongful death in California? – Discusses when you can bring a wrongful death lawsuit in California.
- “Delayed discovery rule” under California state law – How it works – Explanation of how delayed discovery tolls the statute of limitations.
Legal References:
- California Civil Jury Instructions (CACI) 454 — Affirmative Defense — Statute of Limitations. See Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103. See also Shalabi v. City of Fontana (2021) . Glue-Fold, Inc. v. Slautterback Corp. (Cal. App. 2000) 82 Cal. App. 4th 1018. (“A limitation period does not begin until a cause of action accrues, i.e., all essential elements are present and a claim becomes legally actionable.”). California Civil Jury Instructions (CACI) 400. See also California Civil Code Section 1714(a), (“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”). California Code of Civil Procedure 335.1 (“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”)
- California Code of Civil Procedure 340.5 (“In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”) (“Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.”)
- California Civil Jury Instructions (CACI) 455 — Statute of Limitations — Delayed Discovery.
- California Code of Civil Procedure 352(b) (“This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented…”)