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Can a child file a lawsuit on their own?

December 19, 2017

In California, minor children cannot file lawsuits on their own behalf. The court instead appoints a Guardian Ad Litem, which is a representative for that child’s interest in the case. This is in large part because a minor’s perspective is assumed to not fully appreciate the complexities and implications of litigation.

The Guardian Ad Litem will typically be a parent or adult who is close to the child. In some cases, a child may wait until he reaches the age of eighteen years in order to pursue the case himself, but this option is not typically chosen because memories, evidence, and witnesses become less reliable and accessible over time. Most instead choose to pursue the case while it remains fresh.

The court will review the settlement with the guardian and the other side to ensure a fair agreement is reached, accounting for the harms and losses suffered by the child. Watch the video to learn more.

If you have questions about filing a lawsuit in California or would like to discuss another legal matter, I want you to call me at 559-436-0850. I welcome your call. Or, visit our website at http://www.NunesLaw.com to reference our educational library.

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