When a child is injured because of someone else’s negligence, the impact extends far beyond the immediate harm. Medical bills compound, future care costs are uncertain, and the legal process for children’s claims carries rules that differ significantly from adult cases. At Callahan & Blaine, PC, our attorneys have represented injured families across California since 1984, and we understand what is at stake when a child is the victim.
President and Senior Trial Attorney Edward Susolik leads our San Diego personal injury practice and has been recognized in Super Lawyers among the Top 100 attorneys in Southern California. We approach every child injury claim with the same trial preparation we bring to our most complex litigation, because the outcome matters for years to come.
How California’s Statute of Limitations Works for Child Injuries
California Code of Civil Procedure section 352 tolls the standard two-year personal injury deadline while the injured person is a minor. In most cases this means the statute does not begin to run until the child turns 18, giving the child until their 20th birthday to file. However, there is an important exception that catches many families off guard.
When a government entity — a public school district, a city bus, a municipality, or a public park — bears responsibility for the child’s injury, Government Code section 911.2 requires a formal claim to be filed within six months of the incident, regardless of the child’s age. Missing that six-month window typically forfeits the right to recover from the government entirely. Because identifying government liability requires early investigation, there is no safe reason to delay consulting an attorney after a child is hurt.
Who Can Be Held Liable for a Child’s Injuries in San Diego
Responsibility for a child’s injuries can extend beyond the most obvious party, and identifying every source of liability is one of the most consequential decisions an attorney makes early in a case.
Motor Vehicle Drivers
A driver who strikes a child in a crosswalk, school zone, or residential street faces liability under California’s negligence laws, and the driver’s insurer is typically the primary source of recovery.
Property Owners
Under the attractive nuisance doctrine, property owners may be held liable when a dangerous condition on their land — a pool, construction equipment, or an unfenced hazard — draws a child in and causes injury, even without formal invitation.
Schools and Childcare Centers
Schools and daycare providers owe a duty of supervision. When inadequate oversight leads to a playground injury, a fight, or an incident on school grounds, the institution may bear responsibility.
Dog Owners
California Civil Code section 3342 holds dog owners strictly liable for bites that injure a child, regardless of whether the dog had previously shown aggression.
Product Manufacturers
Defective toys, car seats, playground equipment, and consumer goods can all give rise to product liability claims when a manufacturing or design defect causes a child’s injuries.
Government Entities
Dangerous public property, unsafe crosswalks, and publicly operated vehicles can create government liability, subject to the accelerated six-month claims deadline described above.
Common Causes of Child Injuries in San Diego
Child injury claims arise from a wide range of circumstances. The incidents we see most frequently in San Diego include the following.
- Car and traffic accidents, including crashes involving school zones, crosswalks, and bicycles
- Playground falls and equipment failures
- Dog bites and animal attacks
- Swimming pool accidents and drowning incidents
- School and daycare injuries resulting from inadequate supervision
- Sports and recreational activity accidents involving defective gear
- Slip-and-fall incidents on dangerous property
- Pedestrian accidents in residential neighborhoods and school zones
Injuries Children Commonly Suffer
Because children’s bodies and brains are still developing, the long-term consequences of a serious injury can be far more significant than the same injury would produce in an adult. Types of harm we see in child injury cases include the following.
Traumatic Brain Injuries
Head injuries in children can disrupt cognitive development, affect learning and behavior, and produce lasting impairments that reshape the course of the child’s life.
Broken Bones and Growth Plate Fractures
Fractures involving a child’s growth plates can affect limb development if not treated correctly, and may require monitoring for years after the initial injury.
Spinal Cord Injuries
High-impact crashes and falls can damage a child’s spinal cord, with outcomes ranging from chronic pain to permanent paralysis.
Scarring and Disfigurement
Burns, dog bites, and lacerations can produce visible scarring that affects a child’s self-image and may require reconstructive procedures over many years.
How Compensation Is Calculated in a Child Injury Claim
Because children’s futures are at stake, accurately projecting the full cost of an injury is one of the most critical elements of any child injury claim. Our attorneys work with medical professionals and financial analysts to build a damages picture that accounts for both the present and the long-term impact.
Current Medical Expenses
Emergency care, surgery, hospitalization, therapy, and all treatment costs already incurred.
Future Medical and Care Costs
Ongoing rehabilitation, specialist care, adaptive equipment, and any future procedures the injury is expected to require through adulthood.
Pain and Suffering
The physical pain and emotional distress the child experiences, both now and as a continuing consequence of the injury.
Impact on Future Earning Capacity
When a serious injury affects a child’s development, education, or physical abilities, the long-term reduction in earning capacity is a compensable element of the claim.
The Minor’s Compromise: Court Approval for Child Settlements
In California, any settlement reached on behalf of a minor must be approved by a court under California Code of Civil Procedure section 372. This proceeding — known as a minor’s compromise — ensures that a judge independently evaluates whether the settlement genuinely serves the child’s interests before any release of liability becomes binding. The court also determines how settlement funds will be held or distributed, whether through a blocked account, a structured settlement, or another arrangement designed to preserve the funds until the child reaches adulthood.
Our attorneys handle the minor’s compromise process as part of your case, ensuring the court receives the documentation it needs and that the terms approved reflect the full value of what the child has experienced and will face in the years ahead.
Meet Edward Susolik
Families who bring child injury claims to Callahan & Blaine, PC have the support of one of the most recognized trial lawyers in Southern California.
Edward Susolik
President and Senior Trial Attorney
Edward Susolik leads Callahan & Blaine, PC and has dedicated his career to representing injured Californians in complex civil cases. He has been recognized in Super Lawyers among the Top 100 attorneys in Southern California for many consecutive years, and he prepares every claim for trial because that readiness shapes how every case resolves. His leadership sets the standard for how our attorneys approach every child injury matter.
Why Choose Callahan & Blaine, PC for Your San Diego Child Injury Claim
When a child is injured, the choice of attorney affects not just the settlement but the course of the child’s recovery and future. The following strengths define our approach.
Trial-Ready Representation
We build every case as if it will go before a jury, which strengthens every negotiation along the way.
Decades of California Litigation
We have represented injured Californians across every court in the state since 1984.
Minor’s Compromise Experience
We handle the court approval process for child settlements, ensuring the terms protect the child’s interests.
A Deep Bench
A team of more than 30 attorneys gives us the resources to take on complex, high-stakes child injury claims.
With decades of courtroom success across California, our attorneys are prepared to fight for the outcome you deserve.
Contact the San Diego Child Injury Lawyers at Callahan & Blaine, PC
When a child is hurt because of someone else’s negligence, the decisions made in the early days and weeks can affect the outcome for years. Evidence must be preserved, liability parties must be identified, and government claim deadlines must be met. The sooner your family has legal representation, the better the foundation for your case.
To put our experience and resources to work for your family, contact us to submit your potential case and take the first step toward accountability. Hire Callahan & Blaine, PC to Handle Your Litigation Matter.
Frequently Asked Questions About San Diego Child Injury Claims
What is the statute of limitations for a child injury claim in California?
For most child injury cases, California Code of Civil Procedure section 352 tolls the two-year statute of limitations until the child turns 18, giving the child until their 20th birthday to file. However, if a government entity such as a school district, city agency, or public vehicle is involved, a formal government claim must be filed within six months of the incident regardless of the child’s age — this deadline is not extended for minors.
Can a parent file a lawsuit on behalf of an injured child?
Yes. Because minors cannot file lawsuits on their own behalf, a parent or legal guardian acts as the child’s guardian ad litem in legal proceedings and is empowered to pursue a personal injury claim on the child’s behalf. Any settlement reached must then be approved by a court through a minor’s compromise proceeding.
What types of incidents can support a child injury claim in San Diego?
Child injury claims can arise from car and pedestrian accidents, dog bites, playground and school injuries, swimming pool incidents, defective products, sports equipment failures, slip-and-fall incidents on dangerous property, and premises liability situations such as attractive nuisances. The common thread is that the child was hurt because someone else failed to exercise reasonable care.
What is a minor’s compromise and why is court approval required?
A minor’s compromise is a California court proceeding, governed by Code of Civil Procedure section 372, in which a judge reviews and approves any settlement reached on behalf of an injured child. Because minors cannot enter binding contracts, the approval process ensures the terms genuinely serve the child’s interests. The court also determines how settlement funds are held or structured until the child reaches adulthood.
What compensation can be recovered in a San Diego child injury case?
Recoverable damages typically include current and future medical expenses, the cost of ongoing rehabilitation and care, pain and suffering, and the long-term impact on the child’s development and future earning capacity. Because children’s injuries can have consequences that extend decades into the future, accurately projecting those costs is one of the most important elements of building a strong claim.
Do I have a valid child injury claim in California?
A valid claim generally requires that the child was injured because another person or entity failed to exercise reasonable care, and that the failure caused the injury. Cases involving government entities also require timely filing of a government claim. The best way to evaluate whether your situation supports a claim is to have an attorney review the facts, the parties involved, and the applicable deadlines as early as possible.
