Step-by-Step: How to File a Los Angeles Child Video Game Addiction Lawsuit

Watching your child struggle with what appears to be a powerful addiction to video games is a painful and confusing experience. Once a source of fun, the game now consumes their life, leading to declining grades, social withdrawal, and emotional distress. A growing number of parents are discovering that this is not a personal failing but may be the result of a product’s intentionally manipulative design.

When you realize that your child’s harm was preventable, the next logical question is: What can we do about it? Filing a lawsuit against a massive video game company can seem like an impossible task. However, the legal system provides a structured path for families to seek justice and hold these corporations accountable.

At Walch Law, we believe in empowering families with clear, straightforward information. Whether you are ready to get started or just want someone to talk to that knows about the harm these companies are causing, we are here for you. Call Walch Law today.

Step 1: Recognize, Document, and Diagnose the Harm

Before any legal action can begin, you must establish the harm. This starts at home.

Document Symptoms: Keep a detailed journal of the changes you observe in your child. Note behavioral shifts (aggression, isolation), emotional distress (anxiety, depression), and declining performance in school or other activities.
Get a Clinical Evaluation: Seek an evaluation from a qualified child psychologist or psychiatrist. A formal diagnosis of Internet Gaming Disorder (IGD) or a related behavioral addiction is a critical piece of evidence that validates the harm your child has suffered.

Step 2: Preserve All Evidence of Game Use

Your child’s gaming history is a crucial data trail. Before you do anything else, preserve every piece of evidence related to their gameplay.

Identify Platforms and Titles: List every game they play and on which platforms (e.g., Xbox, PlayStation, PC, mobile phone).
Gather Usage and Spending Records: Download transaction histories from console and app stores (Microsoft, Sony, Apple, Google). Collect bank and credit card statements showing all in-app purchases and microtransactions.
Document Time Spent: Take screenshots of in-game playtime counters, console activity logs, and any parental control reports showing hours played.

Step 3: Identify the Potential Defendants

The video game industry has a complex corporate structure. A successful lawsuit targets every entity that profited from your child’s addiction. This can include:

The game developer that designed the addictive mechanics.
The game publisher that marketed and sold the product.
The platform holder (e.g., Sony, Microsoft) that distributed the game and took a cut of the revenue.
The parent company that owns the developer or publisher.

Step 4: Contact the Best Child Video Game Addiction Law Firm for a Case Screening

This is one of the most important steps. You need a law firm with specific experience in product liability and mass tort litigation. During your initial free consultation, the legal team will:

Evaluate Your Case: They will review your child’s diagnosis and evidence of use to determine if you have a viable claim.
Analyze the Statute of Limitations: Every state has a strict deadline for filing a lawsuit. An attorney will determine your filing deadline to ensure your rights are protected.

Step 5: Develop a Legal Strategy and Choose a Venue

Your legal team will build a case based on several legal theories, including:

Negligent and Defective Design: Arguing the game is a defective product because it was intentionally designed with psychological exploits to be unreasonably addictive.
Failure to Warn: Claiming the company knew of the risks but failed to adequately warn parents and players.
Consumer Protection Violations: Alleging the company used deceptive marketing and monetization practices.

Your lawyers will also decide on the best venue, determining whether to file an individual lawsuit or join a Multidistrict Litigation (MDL), which centralizes similar cases.

Step 6: Send Evidence Preservation Letters

Once you have retained counsel, your lawyers will send formal legal notices to all defendants. These letters demand that the companies preserve all internal data related to your child’s account and the game’s design, including gameplay telemetry, A/B testing on monetization features, internal marketing plans, and engagement data.

Step 7: File the Complaint

Your attorneys will draft and file a formal complaint in court. This legal document officially starts the lawsuit. It outlines the facts of your case, the legal claims against the defendants, and the damages you are seeking. Once filed, the defendants are formally “served” with the lawsuit.

Step 8: Overcome Initial Defense Motions

The defendants’ first move will be to try to get your case dismissed. They will file motions arguing the case should be moved to private arbitration (based on the terms of service) or that they are protected by laws like Section 230 of the Communications Decency Act or the First Amendment. An experienced law firm will have a strategy ready to fight and defeat these initial challenges.

Step 9: Conduct Discovery

Discovery is the evidence-gathering phase of the lawsuit. Your legal team will demand internal corporate documents, take depositions (sworn testimony) of company executives and game designers, and subpoena records from platform holders. This is where the “smoking gun” evidence of intentional, addictive design is often found.

Step 10: Settle or Prepare for Trial

Throughout the process, settlement negotiations may occur. The defendants may offer an individual settlement or, in an MDL, a global settlement program may be established. Your attorneys will advise you on whether an offer is fair. A fair offer should cover all categories of damages, including:

Economic Damages: Costs for therapy and addiction treatment, educational remediation, and all out-of-pocket spending on the game.
Non-Economic Damages: Compensation for your child’s emotional distress and your family’s suffering.
Punitive Damages: In some cases, damages designed to punish the company for its reckless behavior.

If a fair settlement cannot be reached, your legal team will prepare your case for trial.

Step 11: Navigate Post-Settlement Requirements

Even after a settlement is reached, there are final steps. Your lawyers will negotiate with your health insurance company to reduce the amount they must be paid back (liens), maximizing the money that stays with your family. If the settlement is for a minor, it must be approved by the court through a “minor’s compromise” hearing to ensure the funds are protected for your child’s future.

Do’s and Don’ts for Parents

DO keep a detailed journal of symptoms and their impact.
DO secure all devices and download all records before taking further action.
DO follow your clinician’s advice regarding limiting or stopping game use.
DON’T delete any game accounts or user profiles. This is critical evidence.
DON’T post about your child’s condition or your lawsuit on social media.
DON’T speak to any representatives from the game company or their insurers without your lawyer present.

You Are Not Alone in This Fight

Taking on a multi-billion-dollar corporation is a daunting prospect, but it is not a fight you have to wage alone. The experienced and compassionate team at Walch Law has the resources and expertise to guide you through every step of this complex process. We are committed to holding these companies accountable and securing the resources your family needs to heal and move forward.

We handle all video game addiction cases on a contingency fee basis. This means you pay absolutely no fees unless and until we win your case.

Contact Walch Law today for a free, confidential consultation. Let us help you understand your rights and take the first step toward getting justice for your child.