How to File a Canoga Park Car Accident Lawsuit for a Child

Nothing is more terrifying for a parent than seeing their child hurt. When that injury happens in a car accident on a busy Canoga Park street like Sherman Way or Topanga Canyon Boulevard, the fear and confusion can feel overwhelming. Your first priority is your child’s health, but as medical bills begin to arrive, you are faced with a new set of worries about their future and your family’s financial stability.

Filing a lawsuit on behalf of a minor involves a special legal process with unique rules and protections. Understanding this process is the first step toward securing the resources your child needs for a full recovery. At Walch Law, our family-run firm has been serving the San Fernando Valley for over 45 years and would love to help you during this difficult time. Get in touch with Robert and Gary WALCH now.

The Step-by-Step Roadmap for Your Child’s Case

A Canoga Park car accident case involving a minor follows a specific path. Here is what you need to know.

Step 1: Immediate Medical Care and Documentation

Your child’s health is the top priority. Seek immediate medical care, even if the injuries seem minor. Go to a local hospital or urgent care center. This not only ensures your child gets the care they need but also creates a crucial medical record that officially links their injuries to the accident.

Step 2: Report the Crash and Get the Report

Report the accident to law enforcement immediately. In Canoga Park, this will likely be the Los Angeles Police Department’s (LAPD) Valley Traffic Division or the California Highway Patrol (CHP) for freeway incidents. Obtain the Traffic Collision Report number. This official report is a critical piece of evidence that documents the facts of the crash.

Step 3: Gather and Preserve All Evidence

The moments after a crash are chaotic, but evidence disappears quickly.

• Photos/Video: Take pictures of the accident scene, all vehicles involved, skid marks, road debris, and your child’s injuries.
• Witnesses: Get the names and phone numbers of anyone who saw the accident.
• Nearby Cameras: Note any nearby businesses that might have security cameras pointed at the intersection.
• Preserve Items: Keep your child’s damaged clothing, helmet, or other equipment in a safe place. Do not wash or repair them.

Step 4: Notify Insurers, But Avoid Recorded Statements

You should notify your own insurance company about the accident. However, when the at-fault driver’s insurance adjuster calls, politely decline to give a recorded statement. Their job is to minimize the claim’s value, and they will use anything you say against you. Direct all communications through your attorney.

Step 5: Consult with an Experienced Local Attorney at Walch Law

This is a critical step. An attorney will evaluate who is liable, identify all available insurance coverage, and calculate the strict deadlines for your case. At Walch Law, we have deep experience in the Valley and know how to navigate the local court system.

Step 6: Appoint a Guardian ad Litem and File the Lawsuit

A minor cannot sue directly in California. As a parent, the court will appoint you as a “Guardian ad Litem” (GAL), giving you the legal authority to act on your child’s behalf. Your attorney will then file the formal lawsuit.

Step 7: Identify All Liable Parties and Insurance

A thorough investigation may reveal multiple responsible parties beyond the at-fault driver. This can include:

• The driver’s employer if they were on the clock.
• A public entity like the City of Los Angeles or LADOT for a dangerous road design.
• A vehicle manufacturer for a defective part.
• Your own Uninsured/Underinsured Motorist (UM/UIM) policy if the at-fault driver has little or no insurance.

Step 8: Understand and Meet All Deadlines

While the statute of limitations for a minor’s injury claim is generally paused (“tolled”) until their 18th birthday, there is a critical exception for government claims. If a public entity is potentially at fault (e.g., a dangerous intersection, a city vehicle, or an LAUSD school bus), you have only 6 months to file a formal claim. Missing this deadline can permanently bar your case.

Step 9: Discovery and Building the Case

This is the evidence-gathering phase. Your attorney will take depositions, subpoena records, and work with medical experts to fully document the extent of your child’s injuries. For serious injuries, we may hire a life-care planner to create a detailed report on all future medical and supportive needs.

Step 10: The Minor’s Compromise and Settlement Approval

Any settlement for a minor must be approved by a judge. This process, called a “Minor’s Compromise,” ensures the settlement is fair and in the child’s best interest. Your attorney will submit a petition (Forms MC-350/351) detailing the settlement. Once approved, the funds are protected for the child in a blocked bank account, a structured settlement annuity, or a special needs trust.

Step 11: Lien Resolution and Finalizing the Recovery

Your health insurance, particularly Medi-Cal or an ERISA plan, will place a lien on the settlement for the medical bills they paid. A skilled attorney will negotiate these liens down to maximize the net amount of money that goes to your child.

Understanding Damages in a Canoga Park Child’s Car Accident Injury Case

Compensation is designed to cover every loss your child has suffered and will suffer in the future.

• Medical Expenses: Both past bills paid by the parent and the full cost of all future medical care.
• Pain and Suffering: Compensation for the physical pain, emotional trauma, and distress caused by the accident.
• Educational Support: Funds for tutoring or special education if a brain injury or other impairment affects their ability to learn.
• Loss of Future Earning Capacity: If a permanent injury will limit their ability to work as an adult, this calculates the value of that lost potential.

Do’s and Don’ts for Parents After a Child’s Car Accident

Layers of Insurance: Finding Full Compensation

In a serious accident, a single insurance policy is rarely enough. We strategically pursue every available source of recovery:

1. The At-Fault Driver’s Bodily Injury (BI) Policy: We make a policy-limits demand on this first.
2. Your Med-Pay Coverage: This no-fault coverage on your own policy can pay initial medical bills.
3. Your UM/UIM Coverage: This is your safety net. Before accepting the at-fault driver’s BI limits, we get written consent from your UIM carrier to preserve your right to make a UIM claim for the remaining damages.
4. Your Health Insurance: This covers medical treatment while the case is pending.

Walch Law: Your Canoga Park Child Car Accident Advocates

When your child is hurt, you need a legal team that combines legal expertise with genuine compassion. For over four decades, Walch Law has been fighting for families in Canoga Park and across the San Fernando Valley. We handle every detail of the legal process so you can focus entirely on your child’s recovery.

We handle all child injury cases on a contingency fee basis. This means you pay absolutely nothing unless and until we win your case. Contact us today for a free, confidential consultation to learn how we can help your family get the justice and security you deserve. 1-844-999-5342