Dealing With a Personal Injury to Your Child
An accident that injures your child is an emotional and overwhelming situation. You may not be aware of the steps that you and your family should take to protect your legal rights, but there are actions that can help ensure your child’s physical, emotional and financial recovery. This may include hiring an experienced personal injury attorney in Los Angeles to help you navigate this difficult process.
Common Types of Negligence That Result in Child Injuries in California
Some child injuries are true accidents, such as minor injuries from rough play with other children. Others, however, are disasters that should have been prevented with due care by one or more involved parties. Examples include:
- Driver error, resulting in a car accident involving small children
- Defective and dangerous products, such as toys and children’s clothing
- Lack of proper child supervision at a school, playground or daycare center
- Lack of supervision or lifeguards at a swimming pool
- Failure to properly manage children’s sports or recreational activities
- Dangerous premises conditions at childcare facilities
- Dog owner negligence that leads to a harmful dog attack
- Medical malpractice by an obstetrician, pediatrician or another health care provider
If an individual or entity fails to fulfill a duty of care owed to a child, resulting in harm to that child, this is known as negligence. Negligence is a legal doctrine that can give an injured child’s parent or legal guardian the right to file a personal injury claim against the negligent party.
What Are Your Legal Rights as the Parent or Guardian of an Injured Child?
When another party is negligent and this results in an injury to a child, the child may be eligible for financial compensation for various related losses. Since a minor or person under the age of 18 cannot file a lawsuit on his or her own, it must be done through a parent or legal guardian. A lawsuit for a child injury can also be filed with help from a Guardian ad Litem, or a third party who is given the right to represent the child.
Compensation for Children Injured in Preventable Accidents
As the legal guard of an injured child, you have the right to bring a personal injury lawsuit against one or more parties for the recovery of damages for the child, such as:
- Past and future medical bills
- Therapies and rehabilitation
- Travel and other out-of-pocket costs
- The child’s pain and suffering
- Psychological harm
A successful lawsuit for a child injury in California can lead to a settlement being put into a trust, which the child can access upon turning 18. The funds can also be distributed through a structured settlement, which the guardian can decide the terms of.
Steps to Take After a Personal Injury to Your Child
If your child gets injured in California, there are steps you should take to make the legal process easier and more effective. Start by taking your child to a doctor or hospital for immediate medical attention. This is important not only for your child’s well-being but also for the legal process, as an insurance company can use any delay in medical treatment against you.
Report the accident to the proper authorities. This may be the police, a property owner or manager, or the head of a school or daycare center. When you are ready to file a claim for financial damages, contact an attorney who specializes in child injury cases to represent you. The legal process can be challenging, but a lawyer can help you navigate complex issues.
An experienced attorney can guide you and your family through a legal claim seamlessly to deliver the best possible results without the stress. Learn all the ways you can benefit from working with a child injury lawyer in Los Angeles during a free consultation about your unique case. Contact Rose, Klein & Marias LLP today.