By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Was your child hurt?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
The six-month deadline applies to children
The claim statute sets six months for injury claims and one year for others, counted from accrual, and it has no exception for minors (Gov. Code § 911.2). The California Supreme Court has explained that the claim deadline is a separate requirement from the statute of limitations (Shirk v. Vista Unified School Dist.). So the longer time children often get to sue a private party does not help with the claim against a city or school district.
File the claim within six months of the injury, the same as for an adult. Our page on the City claim deadline explains how to count the days.
Who files and signs for the child
A claim can be presented by the claimant “or by a person acting on his or her behalf” (Gov. Code § 910), and signed by the claimant or someone on the claimant’s behalf (Gov. Code § 910.2). The City of Los Angeles form has no separate section for minors. It asks for the claimant’s date of birth, and the signature line reads “Signature of Claimant or Person Filing on Claimant’s Behalf,” with a box for the signer’s relationship to the claimant (City claim form).
Put the child’s name as the claimant, the parent’s name and “parent” on the signature lines, and the parent’s address for notices. If a parent also has their own claim, such as for the child’s medical bills, name the parent as a claimant too. Starting January 1, 2027, the signer must also declare that the contents are true and correct “upon information and belief” (AB 2529).
Where to file: City claims go to the Los Angeles City Clerk, 200 N. Spring St., Room 395 (City Clerk). LAUSD claims go by mail only to the Executive Officer of the Board of Education, 333 S. Beaudry Ave., 24th Floor, Los Angeles, CA 90017 (LAUSD), and LAUSD has a claim form in English and in Spanish. See our LAUSD injury claim page.
Free case review for your child
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
If the six months passed: late claims for minors
A family that missed the six months can apply to the entity for leave to present a late claim. The application must be made within a reasonable time, and no later than one year after the claim accrued, with the proposed claim attached and the reason for the delay (Gov. Code § 911.4). The time the injured person was a minor generally counts toward that year. It does not pause it. One exception: time when the child was a dependent of the juvenile court without a guardian ad litem or conservator for filing civil actions is not counted, and some time in the custody of the agency being sued may not count either (Gov. Code § 911.4(c)).
The entity must grant the application if the injured person was a minor during the whole six-month period (Gov. Code § 911.6(b)(2)). It must also grant it if the person was a minor during part of that period and the application is made within six months after turning 18 or one year after accrual, whichever comes first. The entity has 45 days to decide, and if it says nothing, the application is denied on the 45th day.
In J.M. v. Huntington Beach Union High School Dist., the California Supreme Court said that “a minor is ordinarily entitled to relief upon a timely application under section 911.6(b)(2).” But the district never acted on J.M.’s application, so it was deemed denied, and his lawyers missed the six-month deadline to petition the court. The court held nothing saved the claim (J.M.). The petition must be filed within six months after the application is denied or deemed denied (Gov. Code § 946.6). Put that date on the calendar the day you file the application. More: late claims.
Deadlines for a child’s claim at a glance
| Step | Deadline | Law |
|---|---|---|
| File the claim | Six months after the injury (usually) | Gov. Code § 911.2 |
| Late-claim application | Reasonable time, no later than one year after accrual; time as a minor generally counts | Gov. Code § 911.4 |
| Entity decides application | 45 days, or deemed denied | Gov. Code § 911.6 |
| Court petition after denial | Six months after denial or deemed denial | Gov. Code § 946.6 |
| Lawsuit after court grants relief | 30 days | Gov. Code § 946.6(f) |
| Lawsuit after a timely claim is rejected in writing | Six months from the date the notice was mailed or delivered | Gov. Code § 945.6 |
Childhood sexual abuse claims
Claims for damages from childhood sexual assault brought under Code of Civil Procedure 340.1 do not have to be presented to a local public entity before suing (Gov. Code § 905(m)). The law on these claims against public entities changes on January 1, 2027. If your child was abused at a school or by a public employee, call us so we can explain the rules that apply to your child’s case.
Settling a child’s claim needs a judge’s approval
When a minor has a disputed claim and no guardian of the estate, a parent has the right to settle it: either parent if they live together, or the parent with care, custody or control if they live apart. The settlement is valid only after a superior court approves it on a petition, in the county where the child lives or a county where the suit could be brought (Prob. Code § 3500). That applies to a settlement with the City or LAUSD. The court reviews whether the amount is fair to the child and how the money is protected until the child is an adult.
Related pages
- Claim against the City of Los Angeles
- City of LA claim deadline
- Late claims
- How to file a claim against the City
- Sidewalk trip and fall claims
- Trees, parks and other City property
- Wrongful death claims
- LAUSD injury claim
- Claim against LA County
- Birth injury deadlines for children
- Los Angeles pedestrian accident lawyer
Common questions
Does the six-month claim deadline apply to minors?
Yes. Government Code 911.2 sets six months for injury claims against public entities and has no exception for children. File the claim within six months of the injury even though the child is a minor.
Can a parent file a government claim for a child?
Yes. A claim can be presented and signed by the claimant or someone acting on the claimant’s behalf (Gov. Code 910 and 910.2). The City of Los Angeles form has a signature line for a person filing on the claimant’s behalf and asks for that person’s relationship to the child.
What if we missed the six months for my child’s claim?
Apply for leave to file a late claim as soon as possible, and no later than one year after the injury (Gov. Code 911.4). The entity must grant a timely application if the child was a minor during the whole six-month period (Gov. Code 911.6(b)(2)). Time as a minor generally counts toward the one-year limit, with an exception for juvenile court dependents.
What happens if the City or LAUSD denies a minor’s late-claim application?
You must petition the superior court within six months after the denial, or after it is deemed denied when the entity does not act within 45 days (Gov. Code 946.6). In J.M. v. Huntington Beach Union High School Dist. (2017), the minor lost his claim because this petition was filed too late.
Do childhood sexual abuse claims need a government claim?
No. Government Code 905(m) exempts childhood sexual assault claims under CCP 340.1 from the claim requirement for local public entities. The law on these claims against public entities changes on January 1, 2027, so call us about your child’s case.
Does a settlement for my child need court approval?
Yes. Under Probate Code 3500, a parent can settle a minor’s disputed claim, but the settlement is valid only after the superior court approves it on a petition.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Was your child hurt by the City or a school? — Beverly Law
We file your child’s claim on time, handle late-claim applications and court petitions, and get any settlement approved by the court. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Gov. Code § 905
- Cal. Gov. Code § 910
- Cal. Gov. Code § 910.2
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 911.4
- Cal. Gov. Code § 911.6
- Cal. Gov. Code § 945.6
- Cal. Gov. Code § 946.6
- Cal. Prob. Code § 3500
- AB 2529 (2026), amending Gov. Code § 910.2 eff. Jan. 1, 2027
- J.M. v. Huntington Beach Union High School Dist. (2017) 2 Cal.5th 648
- Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201
- City of Los Angeles claim form, Form Cont. 100-A
- Los Angeles City Clerk, Claim for Damage
- LAUSD Liability Claims
- LAUSD claim form
- LAUSD Spanish claim form
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.