Minor’s Action

Personal injury claims may in fact injure a minor. A minor is a party under the age of 18, not emancipated, or is mentally incompetent to comprehend an attorney's counsel. Therefore, the recoverable damages are awarded to named guardian of the minor. There are even instances where a child may recover for injuries that occurred while a fetus if the child is born alive.

There are special rules that apply for settlement of minors. According to CCP§372, there needs to be court approval of settlement of a minor claim. In order to further settlement, a guardian must be appointed to the minor party. In most instances , parents qualify as the guardian as long as the claim is not against the parent and the parents are not separated.

Minors can be released from liabilityin certain cases. If a minor has signed a release prior to reaching the age of majority, they may disaffirm a contract as long as a guardian does not sign the release. This allows minors to have a lower degree of liability than adults. Minors are also benefit from claims for damages. Injuries that occur to infants are presumed damages since infant plaintiffs cannot testify their pain and suffering.

In accordance to Vehicle Code Section 15500, it is unlawful for any minor who does not possess a valid driver's license issued under this code to order, purchase or lease, attempt to purchase or lease, contract to purchase or lease, accept, or otherwise obtain, any vehicle of a type subject to registration. There is a restriction under Veh.C. Section 15602 ("Kaitlyn's Law"), which is used to prevent injuries from young children from being alone in a vehicle. A monetary fine may be imposed upon a parent for leaving a child unattended in a car. In addition, a court may use its own discretion when implementing punishments and fines.

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