When a child gets hurt in a shopping center garage, the aftermath is overwhelming. Between managing doctor visits and dealing with property managers, legal deadlines often take a back seat. However, understanding the statute of limitations for a minor injured in a retail parking structure crash in California is critical. If you miss the legal deadline, your child loses the right to seek financial compensation for their medical bills and pain. California law gives children special timeline protections, but you still need to act strategically to protect their future.

How long do you actually have to file a lawsuit for a child?

In California, the standard deadline to file a personal injury lawsuit is two years from the date of the accident. But the rules change when the victim is under 18. The legal clock is tolled, or paused, until the child's 18th birthday. This means a minor generally has until their 20th birthday to file a formal lawsuit in civil court. If you are unsure about calculating the exact filing deadline for a child's injury case, a lawyer can review the specific dates and tolling exceptions that apply to your situation.

What if the parking structure is owned by a government entity?

Not all retail parking garages are privately owned. Some shopping centers are connected to municipal lots or city-owned parking structures. If a government agency owns or manages the property, the standard two-year rule does not apply. You must file an administrative government claim within six months of the injury date. Missing this six-month window usually bars the claim entirely, even for a minor. You can read more about these strict timelines in California Government Code Section 911.2.

Should you wait until your child turns 18 to take legal action?

Even though the law allows you to wait until your child is 20 to file a lawsuit, waiting is almost always a bad idea. Evidence degrades quickly. Security camera footage in retail parking structures is usually overwritten within 30 to 90 days. Eyewitnesses move away or forget the details of the crash. Taking early action helps with gathering security footage and witness statements after a pedestrian accident in a busy garage. You can investigate the claim, secure the evidence, and negotiate with the insurance company while the child is still young, then file the lawsuit later if a fair settlement is not reached.

How are insurance settlements handled for injured minors?

Insurance companies often try to close minor injury claims quickly with a low initial offer. Parents cannot simply cash this check and sign a standard release form. In California, any personal injury settlement involving a minor must go through a court process called a Minor's Compromise. A judge reviews the settlement to ensure it is in the child's best interest and orders the funds to be placed in a blocked trust account until the child turns 18. Before accepting any money, it is wise to focus on reviewing the fairness of an initial insurance payout before agreeing to a release.

What common mistakes do parents make with these deadlines?

Parents often make assumptions that end up hurting their child's case. Avoid these frequent errors:

  • Assuming the clock starts later: The deadline starts on the date of the crash, not when you finally get around to seeing a lawyer or when the child finishes physical therapy.
  • Trusting insurance adjusters: An adjuster might tell you not to worry about the deadline while they process the claim. They are not legally obligated to remind you when your time is running out.
  • Ignoring medical malpractice exceptions: If a child was injured in the garage but then suffered further harm due to a doctor's negligence at the hospital, a completely different, shorter statute of limitations might apply to the medical provider.

Next steps to protect your child's injury claim

If your child was recently injured in a retail parking structure, follow this practical checklist to keep their legal options open:

  1. Report the incident immediately to the property manager or security office and get a copy of the incident report.
  2. Take photos of the exact location where the crash or fall happened, including poor lighting, missing signage, or vehicle damage.
  3. Keep a dedicated folder for all medical records, bills, and receipts related to your child's treatment.
  4. Do not give a recorded statement to the property owner's insurance company without legal guidance.
  5. Consult a personal injury attorney to confirm whether the property is privately owned or government-owned so you track the correct deadline.