Children are our world. When they are injured in an accident – something that could have been prevented but for the negligence of someone else, it is devastating. No one wants that to happen, but if it does, you deserve compensation to help your child recover as quickly as they can.
At Fassonaki Law Firm, P.C., our child injury lawyer in California is here to provide support when needed and strong representation. We know your first priority is your child, and so we take these matters seriously. Contact us online or at 323-524-8994 to schedule a FREE CONSULTATION. We will discuss your case and outline your best legal options.
Common Child Injury Cases in California
Unfortunately, there are many ways for a child to become injured. There are a few main categories of child injuries that tend to occur more frequently than others.
Auto Accidents
It is probably no surprise that auto accidents are one of the most common ways for children to become injured. Younger children are at higher risk for sustaining an injury in a car accident, which is why car seats are required by law for children under a certain age or size. On the other hand, children are at risk of being injured without so much as a seatbelt to protect them if they are riding on a school bus.
Teenage drivers have less experience than adults and may be more likely to be involved in a car accident. In these situations, insurance companies may try to take a statement from a teen driver before they have the chance to speak with an attorney. Always try to speak to a personal injury attorney first.
Premises Liability
Broadly speaking, premises liability is a field of personal injury law involving injuries sustained on the property of another because of the owner's failure to maintain their property in a safe way. When it comes to accidents involving children, a property owner may face legal liability if they have an unfenced pool, for example, even though they are aware that children are using their property.
Products Liability
Manufacturers are responsible for producing safe products with adequate warning labels. If they fail, they can face liability. For example, if a faulty crib causes an injury during the middle of the night, the crib manufacturer could face liability. The same could also be true if the maker of a children's toy failed to warn of a choking hazard contained in the toy and led to a choking accident.
Vicarious Liability
You may put your child into the care of another person or entity so that you can go to work or do what you need to do. When a place like a daycare facility fails to provide a safe environment, the daycare owner can be held vicariously liable for their employees. This happens often. The daycare may hire individuals without checking their background thoroughly and that person injures your child––this is known as negligent hiring. The facility can also be held liable simply because your child was injured while under the care of the daycare if the injury was caused by a negligent employee who was working at the time of the injury.
What Makes Accidents Involving Children Different in California?
Because of their unique physiology, children may be more likely to sustain certain kinds of injuries, which necessitates a specialist's expertise. In addition, children are often less likely to fully articulate the anguish their injuries are causing them. An attorney who specializes in child injury cases may be able to convey this message to a judge or jury in order to fully get the message across.
Common injuries to children include:
- Birth injuries
- Dog bites
- Brain injuries
- Burn injuries
- Broken bones
- Orthopedic injuries
- Structural injuries
Compensation for Children involved in an Accident in California
Children injured in an accident can receive compensation for the injury. This includes economic damages for things like medical bills, non-economic damages for things like pain and suffering, and – in some cases – punitive damages, when appropriate and available.
Generally, parents are eligible to receive components of a claim that actually belong to them, such as medical bills for their child that they paid. Other damages, such as pain and suffering, may be put into an account to wait until the child turns 18.
Who Files a Personal Injury Claim on Behalf of a Child in California?
If your child was injured because of another person's negligence, recklessness, or intentional act, a personal injury claim or lawsuit can be filed. Who files the lawsuit depends on the facts and circumstances. Typically, a parent or guardian files the lawsuit, but in some cases, a child may once they reach the age of 18 years old.
Further, depending on who files, the deadline for filing a claim or lawsuit will vary.
The rules are state-specific, so you always want to consult with an attorney in your jurisdiction to ensure the right person timely files a claim or lawsuit. Failure to do so could mean delays or dismissal of the case.
Why Do You Need a Child Injury Attorney in Calabasas, Los Angeles County?
Hiring a child injury attorney gives you an expert in your corner who can ensure that you aren't taken advantage of. Other parties in your case will likely try to pay as little as they are legally obligated to, and a child injury attorney can maximize your chances of fair compensation.
Frequently Asked Questions About Child Injury Claims in California
Can a Parent File a Personal Injury Claim for a Child in California?
Yes. Because a minor generally cannot pursue a personal injury lawsuit independently, a parent, guardian, or another appropriate adult may take legal action on the child's behalf. Depending on the circumstances, the court may appoint a guardian ad litem to represent the child's interests during the case. A California child injury lawyer can explain the appropriate process based on the facts of your child's case.
How Long Do You Have to File a Child Injury Claim in California?
The deadline for a child's personal injury claim can differ from the deadline that would apply to an adult's claim. California law may toll, or pause, certain statutes of limitations while the injured person is a minor. However, important exceptions can apply, particularly when a claim involves a government entity or certain types of defendants.
Parents should not assume that they can wait until their child turns 18 to take action. Speaking with a child injury attorney as soon as possible can help protect important evidence and determine which filing deadlines apply.
What Compensation Can an Injured Child Receive?
The compensation available depends on the child's injuries and the circumstances of the accident. A child injury claim may seek compensation for damages such as medical expenses, anticipated future medical care, pain and suffering, rehabilitation, and other losses resulting from the injury.
When an injury is serious or permanent, determining the potential long-term effects on the child's health and future may be an important part of evaluating the claim.
Does a Child Injury Settlement Need Court Approval in California?
In many cases, a settlement involving a minor must be reviewed and approved by a California court through a process commonly referred to as a minor's compromise. The purpose of this process is to help ensure that the proposed settlement and disposition of the proceeds protect the child's interests.
Depending on the circumstances, settlement funds may be placed in a blocked account, structured settlement, trust, or handled through another court-approved method.
What Is a Minor's Compromise in California?
A minor's compromise is the legal process used to obtain court approval of certain settlements involving children. The court reviews information about the child's injuries, treatment, settlement amount, expenses, attorney's fees, and proposed distribution of the settlement proceeds before deciding whether to approve the settlement.
An attorney handling a child injury case can prepare the necessary documentation and guide the family through the court-approval process.
What Should I Do After My Child Is Injured in an Accident?
Your child's health should come first. Seek appropriate medical attention and follow the treatment recommendations provided by your child's healthcare professionals. When possible, preserve photographs, accident reports, medical records, witness information, and other evidence related to what happened.
You should also be cautious about providing recorded statements or accepting a settlement from an insurance company before understanding your child's legal rights and the potential long-term consequences of the injury.
Can a Daycare Be Liable for My Child's Injury?
Potentially. A daycare or childcare provider may be liable when a child's injury results from negligence, such as inadequate supervision, unsafe premises, negligent hiring, or the actions of an employee acting within the scope of employment.
Whether a daycare is legally responsible depends on how the injury occurred and whether the facility or its employees failed to use reasonable care under the circumstances.
Can a School Be Held Responsible for a Child's Injury?
A school or school district may potentially be responsible for injuries caused by unsafe conditions, inadequate supervision, or other negligent conduct. Claims involving public schools can be subject to special government-claim procedures and shorter deadlines, so parents should seek legal advice promptly after an injury.
How Much Is a Child Injury Case Worth in California?
There is no standard settlement amount for a child injury case. The potential value depends on factors such as the severity of the injury, medical treatment, expected future care, whether the child is likely to experience permanent limitations or scarring, the circumstances surrounding the accident, available insurance coverage, and the strength of the evidence establishing liability.
A child injury attorney can investigate the accident and evaluate the damages before determining what may constitute fair compensation.
How Are a Child's Settlement Funds Protected in California?
California courts have procedures designed to protect settlement proceeds belonging to minors. Depending on the amount of the settlement and the circumstances of the case, the court may order funds to be deposited into a blocked account or approve another method of holding or distributing the money.
When funds are placed in a blocked account, withdrawals generally require compliance with the court's order governing the account.
How Much Does It Cost to Hire a California Child Injury Lawyer?
Personal injury cases are commonly handled on a contingency-fee basis, meaning attorney's fees are paid from a recovery rather than through hourly legal fees. The specific fee arrangement should be explained in the attorney-client agreement.
Contact a Child Injury Lawyer in California Today
If your child was injured and you are considering filing a claim, you should speak to an attorney who understands the unique aspects of child injuries. At Fassonaki Law Firm, P.C., we have represented children who have been injured. Call 323-524-8994 to schedule a FREE CONSULTATION today.