# Are the deadlines different when a child is hurt?

Canonical: https://californiapersonalinjurylaws.com/guides/child-injury-deadline/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

Some lawsuit time limits can pause while a person is under 18. That does not mean every deadline waits until adulthood.

## Hypothetical example

A child’s claim against a private driver may be treated differently from a claim involving a public school or city.

## 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.

## 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.

## A useful next step

Have the type of claim and the child’s age reviewed soon after the injury.

## Court decisions behind this answer

### Shalabi v. City of Fontana (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.

Limit: The case involved a federal civil-rights claim. It does not pause all state government-claim requirements.

Source: https://law.justia.com/cases/california/supreme-court/2021/s256665.html

### J.M. v. Huntington Beach Union High School District (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.

Limit: A child’s age does not pause every government-claim step. Do not assume a late claim will be allowed.

Source: https://law.justia.com/cases/california/supreme-court/2017/s230510.html

## Sources

- [Code of Civil Procedure § 352 — Certain pauses in time limits](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=352.)
- [Government Code § 911.2 — Presenting a government claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2.)
- [Code of Civil Procedure § 372 — Representation of a minor](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=372.)
- [Shalabi v. City of Fontana (2021) 11 Cal.5th 842](https://law.justia.com/cases/california/supreme-court/2021/s256665.html)
- [J.M. v. Huntington Beach Union High School District (2017) 2 Cal.5th 648](https://law.justia.com/cases/california/supreme-court/2017/s230510.html)

General information, not legal advice.
