As a parent, family member or guardian of a child, you know that there is no greater gift than the innocence and purity of a young child. To that end, The Torkzadeh Law Firm is dedicated to protecting the rights of children throughout the state of California. Whether the injury to the child occurred as a result of an accident or abuse, our firm has committed the time, energy and resources in protecting our communities greatest asset – our children.
It’s a sad fact of life that children get injured in accidents. When someone is at fault for your child’s injury, your child may have a legal claim. However, a child can only file a lawsuit through a legal representatives such as a parent or guardian.
Anyone under the age of 18 is considered a minor in California. Any contracts signed, lawsuits filed or other important documents must be done through an appointed Guardian Ad Litem prior to the commencement of a lawsuit.
The quickest way to find out is to contact an attorney who has represented children in accident, injury and abuse cases to find out. Children’s rights in California are no different than adults. Unfortunately, there are those in our society that take advantage of the innocence of children leaving them vulnerable to predators. Don’t guess about your rights and hire a law firm that will fight to hold those responsible accountable.
Under California law, a child under the age of 18 is considered to have a “legal disability” and therefore cannot sue. A minor child must have an adult “guardian ad litem,” or “guardian for the lawsuit” in order to make a legal claim. The guardian ad litem must act in the child’s best interest.
You can file a lawsuit on behalf of your child as a guardian ad litem if the judge enters a court order appointing you as guardian. You must file an application with the court explaining your relationship to the child and why the child needs a guardian. You must certify that you have no interests that are adverse to the interests of the child.
Before appointing you as guardian, the judge wants to be sure that you will always have the best interests of the child in mind. You should be prepared to act as guardian throughout the lawsuit, regardless of how long it takes.
It’s best to have a lawyer represent you and your child before you apply to become a guardian ad litem. If a judge denies your application, he or she may appoint another individual to represent your child, even if you object to that appointment. The legal professionals at TorkLaw have experience representing children who are suing through a guardian ad litem. Becoming a guardian ad litem is a significant responsibility – one you should not undertake without legal advice. To contact a lawyer, call (888) 845-9696.