Are the deadlines different when a child is hurt?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalSome lawsuit time limits can pause while a person is under 18. That does not mean every deadline waits until adulthood.
In this guide
Here’s an example
A child’s claim against a private driver may be treated differently from a claim involving a public school or city.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
A rule that pauses a lawsuit clock is called tolling. The pause for a child does not cover every required step. A government claim can have a much earlier due date.
Legal references: [1] Code of Civil Procedure § 352 — Certain pauses in time limits · [2] Government Code § 911.2 — Presenting a government claim · [3] Code of Civil Procedure § 372 — Representation of a minor
What can change the answer?
Government-claim deadlines and special statutes may still require early action. Do not use a child’s birthday as the only deadline.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Shalabi v. City of Fontana
Supreme Court of California · 2021
11 Cal.5th 842, slip op., pp. 1–2, 19–20
The court examined how to count the filing period after a pause based on a person’s age ended.
The case involved a federal civil-rights claim. It does not pause all state government-claim requirements.
J.M. v. Huntington Beach Union High School District
Supreme Court of California · 2017
2 Cal.5th 648, slip op., pp. 1–2
A child missed the time to seek court relief after a late-claim request was denied. Being a child did not erase that separate deadline.
A child’s age does not pause every government-claim step. Do not assume a late claim will be allowed.
Case applicability reviewed as recorded above.
A useful next step
Have the type of claim and the child’s age reviewed soon after the injury.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Code of Civil Procedure § 352 — Certain pauses in time limits ↗Statute · Review recorded above
- Government Code § 911.2 — Presenting a government claim ↗Statute · Review recorded above
- Code of Civil Procedure § 372 — Representation of a minor ↗Statute · Review recorded above
- Shalabi v. City of Fontana (2021) 11 Cal.5th 842 ↗Case law · Review recorded above
- J.M. v. Huntington Beach Union High School District (2017) 2 Cal.5th 648 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.