In the case of personal injuries, California has strict filing deadlines, or statutes of limitations, to sue. But the statute acknowledges that some people, like minors, are not capable of seeking legal remedies themselves. In the interest of justice, therefore, California law provides for the tolling (or suspension) of the statute of limitations against minors until age majority.
This article discusses how tolling occurs in California for children, when it occurs, the exceptions to it, and how families and guardians need to approach claims of personal injury involving kids.
What Is the Tolling of the Statute of Limitations?
Tolling refers to the legal suspension or delay of the countdown for filing a lawsuit. In personal injury cases, the statute of limitations generally begins to run from the date of the injury. However, when the injured party is a minor (under 18 years old), California law tolls the statute until the individual becomes a legal adult.
This provision ensures that minors are not penalized for their legal incapacity and gives them time to pursue justice once they have the capacity to act on their own behalf.
General Statute of Limitations for Personal Injury in California
Under California Code of Civil Procedure § 335.1, the standard statute of limitations for personal injury cases is two years from the date of injury. This applies to claims arising from:
- Car accidents
- Slip and falls
- Defective products
- Assaults or abuse
- Medical malpractice (with some exceptions)
However, when the injured person is a minor, the two-year period is typically paused until they reach adulthood.
Tolling Rule for Minors in California
Per California Code of Civil Procedure § 352(a), if a person is under 18 years of age at the time of the injury, the statute of limitations is tolled until the individual turns 18. The statute then begins to run, giving the now-adult claimant until their 20th birthday to file a standard personal injury lawsuit.
This tolling provision applies to most types of personal injury cases involving minors.
Example
A 15-year-old is injured in a car accident on January 1, 2023. Instead of the two-year statute expiring on January 1, 2025, the clock doesn’t begin until the minor turns 18. If they turn 18 on May 1, 2026, they have until May 1, 2028, to file the lawsuit.
Exceptions and Special Rules
While the general tolling rule benefits minors, there are important exceptions and shortened deadlines in specific types of claims:
Medical Malpractice (MICRA Rules)
Under California Code of Civil Procedure § 340.5, minors injured due to medical malpractice must file suit within three years of the date of injury—or before their eighth birthday, whichever is later. This is a notable deviation from the general tolling rule.
However, if the malpractice was fraudulently concealed or the minor lacked the mental capacity to understand the injury, tolling may still apply.
Government Claims
If the defendant is a government entity (such as a school district, city, or public hospital), minors must adhere to the California Tort Claims Act, which requires a claim to be filed within six months of the incident—even if the injured person is a minor.
Failing to file this administrative claim can bar the minor’s right to file a lawsuit later, so prompt legal action is essential.
Criminal Acts (e.g., Sexual Abuse)
For certain intentional torts such as child sexual abuse, California has extended time limits significantly. Under California Code of Civil Procedure § 340.1, victims may have:
- Until age 40 to bring a civil claim for childhood sexual assault, or
- Within five years of discovering the psychological injury caused by the abuse, whichever is later
This is one of the most generous tolling rules in California law and reflects the severe impact of childhood abuse.
Why Tolling Exists for Minors
California courts recognize that children often lack the legal knowledge, authority, or resources to initiate lawsuits. Tolling ensures that a child’s legal rights are not lost simply because they couldn’t act independently before adulthood.
It also allows more time to:
- Discover the full extent of injuries
- Seek medical diagnoses and treatment
- Evaluate long-term impact on physical, emotional, and educational development
Filing on Behalf of a Minor
Although the statute of limitations is tolled, parents or legal guardians can still file a lawsuit on behalf of the minor at any time before they turn 18. These lawsuits are brought “by and through their guardian ad litem,” a legal representative appointed to protect the child’s interests.
This is often advisable because:
- Evidence is fresher and easier to gather shortly after the incident
- Medical bills and expenses may already be accumulating
- Prompt action can lead to quicker compensation for care and support
Settlements for minors must be approved by the court to ensure fairness and accountability, and the funds are typically held in trust until the child turns 18.
Practical Considerations
When handling personal injury claims involving minors, there are several key considerations:
- Preserve evidence early even if the lawsuit won’t be filed for years
- Consult a personal injury attorney familiar with tolling and court approval procedures
- Track injury progression, as some conditions worsen or become evident over time
- Act early if dealing with government entities or medical malpractice, as deadlines may apply regardless of age
Even with tolling in place, proactive steps can strengthen the eventual claim and protect the minor’s long-term interests.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
