Claim Deadlines After A Disabled Child's School Injury

Q: Does a child's age extend the deadline to claim against a California school district?

Not reliably. Cal. Code Civ. Proc. § 352(a) provides that where the person entitled to bring an action was under the age of majority, or lacked the legal capacity to make decisions, when the cause of action accrued, the time of that disability is not part of the limitations period — which lengthens an ordinary claim under Cal. Code Civ. Proc. § 335.1. Claims against public entities work differently: Cal. Gov't Code § 911.2(a) requires presentation within six months of accrual, and that presentation deadline is not tolled in the same way. Families should treat the six-month rule as controlling until a lawyer confirms otherwise on the specific facts.

Q: Who brings an injury claim for a child or a person who cannot make their own decisions?

An adult brings it for them, with the court's involvement. Cal. Code Civ. Proc. § 372(a)(1) requires a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed to appear in an action through a guardian or conservator of the estate, or through a guardian ad litem appointed by the court. The claim itself still belongs to the injured person. California also requires court involvement before a minor's claim is compromised, so a settlement offered for a child's injury is not something to sign without legal review.

Q: Can a school be responsible when a student with a disability is injured during transport between classes?

It can be. Cal. Civ. Code § 1714(a) makes everyone responsible for an injury occasioned to another by a want of ordinary care or skill, and supervising and securing a student who uses a wheelchair falls within that duty. What often decides such a case is what the school was told beforehand: written requests about a student's transport, routine or safety plan, and the school's response to them, go directly to whether the risk was known. Cal. Civ. Code § 3333 then measures damages as the amount that will compensate for all the detriment proximately caused, which reaches injuries that only become apparent later.

Question

Just giving you a quick scenario on my disabled child. He attended school and had an accident in his wheelchair in which he fell out while going fast in his chair. The school aide did not keep an eye on him or make sure that he was strapped in his wheelchair while going from class to class. While in his wheelchair he fell out face first. He has multiple bruises on his left knee and both wrists. He also has two loose central incisors. He was transported to a hospital where he was treated. A dental specialist placed wiring along both teeth, and we have to follow up in 2 weeks. He may possibly lose them, we have to see. They did NOT give him a back X-ray or any other kind of imaging. He is nonverbal and now he is complaining of a very sore hip. I am holding the school liable but I want to make sure that my son is good first. He has been discharged with basic pain meds. For multiple weeks we tried to set up a meeting so that we could go over his school schedule, including how he was transported or even what his routine is, so that we could make sure that he was safe at school. The school failed to do that multiple times, and I have it documented with notes that were sent. They ignored us and this is the result.

A. Jason Velez · Accepted Answer

Your instinct to look after your son before anything else is right, and one part of the legal side cannot wait alongside it: if this is a public school district, the deadline to present a claim is six months, and your son's age does not reliably extend it. That combination is what catches families out. Cal. Gov't Code § 911.2(a) requires a claim for death or for injury to a person or to personal property against a public entity to be presented not later than six months after the cause of action accrues. A public school district is a public entity. The claim is a written one, delivered to the district, and Cal. Gov't Code § 945.4 requires it before any lawsuit. If the school is private, the ordinary rule applies instead: Cal. Code Civ. Proc. § 335.1 gives two years. Here is the part that needs care. Cal. Code Civ. Proc. § 352(a) provides that where the person entitled to bring an action was under the age of majority, or lacking the legal capacity to make decisions, when the cause of action accrued, the time of that disability is not counted against the limitations period. Both apply to your son. But that section does not operate the same way on a government-claim deadline, and treating a child's age as though it stops the six-month clock is one of the most costly mistakes in this area. Get it confirmed on his actual facts. Cal. Code Civ. Proc. § 372(a)(1) then requires a minor, or a person who lacks legal capacity to make decisions, to appear in an action through a guardian, a conservator of the estate, or a court-appointed guardian ad litem. You would bring the claim for him. On the merits, the standard is ordinary care. Cal. Civ. Code § 1714(a) provides that everyone is responsible for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. Supervising a child who uses a wheelchair, and securing him for transport between classes, sits inside that. So does the school's response to your repeated written requests for a meeting about how he was moved and kept safe. Those notes are evidence that the school knew what needed attention and did nothing, and they are the most valuable documents you hold. Cal. Civ. Code § 3333 sets what is recoverable: the amount which will compensate for all the detriment proximately caused, whether it could have been anticipated or not. That covers teeth that may still be lost and a hip problem that has not yet been imaged, not only what was treated on the day. And if the school suggests he was moving too fast in his chair, note that under § 1714(a) as the Supreme Court applied it in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978), a plaintiff's recovery is reduced only to the extent his own lack of reasonable care contributed to his injury — it is not a defense that ends a claim. What you can do 1. Take him back for imaging of the hip and back, and tell the clinician he is nonverbal, that he fell face-first from a wheelchair, and that no imaging was done. Ask for that request to be written in the chart. 2. Keep the dental follow-up and get the specialist to record in writing that the teeth may be lost, so a future loss is tied to this fall. 3. Collect and keep every note, email and message you sent asking for the safety meeting, with dates, and print them. 4. Ask the school in writing for its incident report, the aide's statement, his transport or safety plan, and any hallway video from that day, and ask that the video be preserved. 5. Ask a local attorney this week whether the school is a public entity and what deadline applies to your son — before you rely on his age extending anything. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page. ⏱ Time limits apply. If the school is a public entity, Cal. Gov't Code § 911.2(a)'s six months from accrual is the deadline, and it is short. If it is private, Cal. Code Civ. Proc. § 335.1's two years applies, and Cal. Code Civ. Proc. § 352(a) may not count the time your son is a minor or lacks legal capacity — but that tolling does not extend a government-claim deadline in the same way. Because both rules are in play here, this needs individual review by a local attorney now, not a date read off a page.

Claim Deadlines After A Disabled Child's School Injury

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