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 Los Angeles 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 Los Angeles
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 Los Angeles?
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 Los Angeles
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 Los Angeles?
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 California?
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 Los Angeles
Can a Parent File a Personal Injury Claim for a Child in California?
Yes. When a minor is injured because of another party's negligence or wrongful conduct, a parent, guardian, or other appropriate adult may be able to pursue a personal injury claim on the child's behalf. If a lawsuit is filed, the court may appoint a guardian ad litem to protect the child's interests during the legal proceedings.
How Long Do You Have to File a Child Injury Claim in California?
The deadline for bringing a personal injury claim involving a minor depends on the circumstances. California law may toll, or pause, certain statutes of limitations while the injured person is under 18. However, important exceptions can apply.
For example, claims involving a public school, government agency, or other public entity may be subject to special claim requirements and much shorter deadlines. Because missing an applicable deadline can affect your child's right to compensation, it is important to speak with a Los Angeles child injury lawyer as soon as possible.
What Compensation May Be Available for an Injured Child?
The compensation available in a child injury case depends on the nature and severity of the injury and its impact on the child's life. Depending on the circumstances, damages may include medical expenses, future medical care, rehabilitation costs, pain and suffering, and other losses resulting from the injury. Serious injuries may require an evaluation of the child's long-term medical needs and how the injury could affect their future.
Does a Child Injury Settlement Require Court Approval in California?
Certain settlements involving minors require court approval in California. This process is commonly referred to as a minor's compromise. The court reviews the proposed settlement to determine whether it adequately protects the child's interests. The court may also approve how the child's settlement proceeds will be held or distributed, depending on the circumstances.
What Is a Minor's Compromise?
A minor's compromise is a court-approval process for certain settlements involving children. The court may review the settlement amount, the child's injuries and medical treatment, attorney's fees and expenses, and the proposed handling of the child's settlement proceeds.
A child injury attorney can help prepare the necessary documents and guide the family through the approval process.
Who Can Be Held Liable for a Child's Injury?
Liability depends on how and where the injury occurred. Potentially responsible parties could include negligent drivers, property owners, businesses, daycare providers, schools, product manufacturers, or other individuals or entities whose conduct contributed to the child's injuries.
Determining liability often requires investigating the accident, preserving evidence, and identifying all parties that may be legally responsible.
Can a Daycare Be Held Responsible for My Child's Injury?
A daycare or childcare provider may be held responsible when negligence contributes to a child's injury. Examples may include inadequate supervision, unsafe conditions, negligent hiring or training, or negligent conduct by an employee.
Whether the daycare is liable will depend on the circumstances surrounding the injury and the evidence showing how it occurred.
Can a School Be Liable for a Child's Injury in Los Angeles?
Depending on the circumstances, a school or school district may potentially be responsible for an injury involving unsafe conditions, inadequate supervision, or other negligent conduct.
Claims involving public schools and school districts can be subject to special California government-claim procedures and deadlines. Parents should consider speaking with an attorney promptly rather than assuming the ordinary personal injury filing deadline applies.
How Much Is a Child Injury Case Worth?
There is no standard value for a child injury claim. Factors that can affect the value include the severity of the child's injuries, medical expenses, expected future treatment, pain and suffering, permanent disability or disfigurement, available insurance coverage, and the strength of the evidence establishing liability.
An attorney can evaluate the circumstances of the accident and the full extent of the child's damages before determining what may constitute fair compensation.
What Should I Do After My Child Is Injured in an Accident?
Seek appropriate medical attention for your child and follow the recommendations of their healthcare providers. If possible, preserve evidence related to the accident, including photographs, videos, witness information, incident reports, medical records, and communications with insurance companies or other parties.
Before accepting a settlement or providing a recorded statement to an insurance company, consider speaking with a Los Angeles child injury attorney about your child's legal rights.
How Much Does It Cost to Hire a Los Angeles Child Injury Lawyer?
Personal injury attorneys commonly handle injury claims on a contingency-fee basis, meaning attorney's fees are paid from a recovery rather than charged as hourly legal fees. The specific terms and costs associated with representation should be explained in the attorney-client agreement.
Contact a Child Injury Lawyer in Los Angeles 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.