Key Takeways: Can you sue on behalf of someone else in California? Yes, but only in a legal role the court recognizes. A parent sues for an injured child as guardian ad litem, a conservator acts for an adult who cannot make decisions, and a personal representative or eligible family member brings claims after a death. Being a relative alone is not enough.
Your daughter was hit in a crosswalk on her way home from school. Your father has been in the ICU since the crash and cannot speak for himself. Your brother did not survive. In every one of these situations, the person with the legal claim is not the person sitting across from the insurance adjuster. You are.
California lets family members step in, but the law is specific about how. Doing it the wrong way can stall a claim, void a settlement, or let a deadline slip by.
Who Can Sue for Someone Else in California
Being a parent, spouse, or adult child does not, by itself, give you the right to sue for another person. You need a legal role. The right role depends on who was hurt and whether they are still living.
| Situation | Who can bring the claim | Legal basis |
|---|---|---|
| Injured child under 18 | A parent or other adult appointed as guardian ad litem, or a court-appointed guardian | Code of Civil Procedure 372 |
| Adult who cannot make decisions | A conservator of the estate or a guardian ad litem | Code of Civil Procedure 372 |
| Adult who can still decide but needs help | The injured person sues; an agent under a power of attorney can help only as the document allows | California Power of Attorney Law |
| Person who died: their own claim | The personal representative or successor in interest (survival action) | Code of Civil Procedure 377.30 |
| Person who died: the family’s loss | Eligible family members (wrongful death) | Code of Civil Procedure 377.60 |
Suing for an Injured Child
A child cannot file a lawsuit alone. Under California Code of Civil Procedure 372, a minor appears in court through a guardian, a conservator, or a guardian ad litem appointed by the court. In most injury cases, a parent asks to be appointed guardian ad litem by filing Judicial Council form CIV-010.
Parents are not automatically authorized to run the case just because they are parents. The appointment is quick in most cases, but it has to happen.
Court approval of a child’s settlement
This is the step families are most often surprised by. Under Probate Code 3500, a parent may agree to settle a child’s claim, but that settlement is valid only after a superior court approves it. The judge reviews whether the amount is fair, how attorney fees and medical liens are paid, and how the child’s money will be protected, often in a blocked account or an annuity until the child turns 18.
A release signed by a parent without court approval does not end the child’s claim, so the other side has every reason to go through the approval process too.
A child’s own deadline
Under Code of Civil Procedure 352, the time limit for a minor’s own injury claim is generally paused until the child turns 18. Do not lean on that. Claims against a city, county, school district, or other public agency still require a government claim within six months, and that pause does not apply to them. Evidence also disappears long before a child grows up.
Suing for an Incapacitated Adult
When an injured adult is in a coma, has a serious brain injury, or otherwise cannot make legal decisions, someone has to act for them.
Conservatorship
A conservator of the estate is appointed by the court to manage the person’s finances and legal affairs, which includes pursuing an injury claim. Code of Civil Procedure 372 allows a conservator, or a guardian ad litem appointed for the case, to appear in court for the injured person. California’s court self-help center explains the options for helping someone with an impairment or disability, including when a conservatorship is needed and when less restrictive tools may work.
What a power of attorney can and cannot do
A power of attorney is useful, but it has limits that trip families up. An agent under a power of attorney is not the injured person’s lawyer and cannot file a lawsuit in their own name. Whether the agent can direct a lawsuit in the injured person’s name depends on what the document expressly allows. If your parent signed a power of attorney years ago, have an attorney read it before you rely on it for an injury claim.
When You Cannot Sue for Someone Else
Some situations look like they should allow it, but do not:
- An injured adult who is able to make their own decisions must bring their own claim, even if a spouse or child is handling the paperwork.
- A spouse does not have automatic authority to sue over the other spouse’s injuries. A spouse may have a separate claim for loss of consortium, which is their own claim, not a claim on the injured spouse’s behalf.
- Friends, roommates, and partners outside the categories in the statutes cannot bring claims for someone else.
If your loved one’s injuries changed your marriage or your daily life together, our guide to loss of consortium in California explains that separate claim.
After a Death: Survival Action vs Wrongful Death
When someone dies because of another person’s negligence, California recognizes two different claims. They belong to different people and cover different losses.
The survival action
A survival action is the claim the person who died would have had if they had lived. Under Code of Civil Procedure 377.30, it passes to the personal representative of the estate, or to the successor in interest if there is no estate representative. It can recover losses the person suffered before death, such as medical bills and lost wages.
There is an important 2026 change. For survival actions filed between January 1, 2022 and January 1, 2026, California temporarily allowed damages for the person’s pain, suffering, or disfigurement before death. Under Code of Civil Procedure 377.34, that window has closed, so survival actions filed on or after January 1, 2026 generally cannot include those damages.
The wrongful death claim
A wrongful death claim belongs to the family. Code of Civil Procedure 377.60 lists who may bring it:
- The surviving spouse or domestic partner, children, and the children of a deceased child.
- If none of them survive, the people who would inherit under California’s intestate succession rules, which can include parents or siblings.
- Certain people who were financially dependent on the person who died, including a putative spouse, stepchildren, and parents.
- A minor who lived in the household for the previous 180 days and received at least half of their support from the person who died.
That list is closed. Financial dependence alone, without fitting one of these categories, is not enough.
Wrongful death damages cover what the family lost: financial support, household services, funeral and burial costs, and the love, companionship, comfort, and guidance of the person who died. California’s jury instruction CACI 3921 does not allow damages for grief or sorrow itself, and punitive damages are generally not available in a wrongful death claim. The deadlines are strict, too. Our guide to the wrongful death statute of limitations in California lays out every one.
Steps to Take Right Now
1. Get medical care and keep every record, bill, and discharge note.
2. Write down what happened, who saw it, and when, while memories are fresh.
3. Collect the police report, photos, and the names of any witnesses.
4. Do not give a recorded statement to the other side’s insurer on your family member’s behalf.
5. Do not sign anything that settles or releases the claim. For a child, it will not be valid without court approval anyway.
6. Talk to an attorney about which legal role you need and which deadlines apply.
Final Thoughts
Stepping in for someone you love is a heavy thing to carry. You are managing their care, their bills, and your own fear at the same time, and the legal paperwork can feel like one more weight. Give yourself credit for showing up. The formal roles the law requires exist to protect the person you are fighting for, and filling them correctly is part of taking care of them.
Pyramid Legal: Standing Up for Injured Families in Los Angeles
If a child, parent, or spouse was hurt or killed because of someone else’s negligence in Los Angeles or anywhere in Southern California, our attorneys can handle the guardian ad litem process, court approvals, and every deadline while you focus on your family. You get 24/7 direct access to an attorney and pay no fees unless we win. Visit our office at 500 S Grand Ave, Suite 1610, Los Angeles, CA 90071, call 818-946-0763, or learn more about our Los Angeles wrongful death lawyers.
Get a Free Case Evaluation Today
Lost a family member? Read who can file a wrongful death claim for the full list of eligible relatives.
This article is general information about bringing an injury claim for a family member in California. It is not legal advice about your specific matter and does not create an attorney-client relationship.
Frequently Asked Questions
Do I need a lawyer to be appointed guardian ad litem for my child?
Not always. A parent can file Judicial Council form CIV-010 to ask the court for the appointment. In practice, the attorney handling the injury claim usually prepares it, because the same court will later need to approve any settlement, attorney fees, and the plan for protecting the child’s money.
Can grandparents sue on behalf of an injured grandchild?
A grandparent can ask the court to be appointed guardian ad litem for an injured grandchild, especially when the grandparent is the child’s caregiver. The court decides who is appropriate. Being a grandparent does not, by itself, give the right to bring the child’s claim.
What happens to the money from a child's injury settlement?
A judge must approve it, and the court usually orders the money held in a blocked account or invested in an annuity until the child turns 18. Parents generally cannot spend the child’s settlement on household expenses, although the court can approve payment of medical bills and attorney fees from it.
Can I sue for my own losses after a family member's injury?
Sometimes. A spouse or registered domestic partner may have a separate loss of consortium claim, and parents often pay a child’s medical bills. These are your own claims, separate from the injured person’s claim, and they can have their own deadlines.
