At Maison Law, we offer representation to victims of accidents throughout California including car crashes, bicycle accidents, pedestrian accidents, and more. We understand how devastating it can be to find out that your child has sustained serious injuries in an accident that was caused by another party’s negligence. Luckily, you have legal options as you move forward with a claim. Please contact us today for a free and completely confidential case review.
Are Child Injuries More Frequent Than Adult Injuries?
According to information provided by the Centers for Disease Control (CDC), children and adults are injured just as frequently as one another each year. Statistics also show that 9.2 million children are admitted to emergency rooms for accidental injuries in any given year. It may seem that children are injured more frequently than adults but the numbers remain steadily close each year. Adults tend to have more resources, which means that adults tend to bring more personal injury claims each year rather than the families of injured children.
Most Common Types of Child Injury Claims
Children are sometimes more likely to be injured in certain types of accidents than adults and other parties. Some of the most common types of injury claims that occur in California involving children each year include the following:
Motor Vehicle Accidents: One of the most common reasons for child injuries are motor vehicle accidents. Even when children are properly buckled into car seats and booster seats, their small size can keep them less protected in the event of an accident.
Pedestrian/Bicycle Accidents: Young children may not be as aware of dangers on our streets as adults, which means that a pedestrian or bicycle accident could occur in the blink of an eye. An oncoming vehicle may not see a minor pedestrian or bicyclist until it is too late.
Dog Bites: Each year, millions of children are injured in dog bite attacks. Dog owners are supposed to ensure the safety of others around their dogs. If your child was hurt in a dog attack, the owner may be liable for resulting damages.
Defective Products: There are many ways that a minor can be injured due to a defective product, from choking hazards and sharp edges to garments that easily catch on fire. Both manufacturers and designers of products could be liable if a child is injured in an accident due to a product.
Playground Accidents: There could be risks on a playground, even though we expect these areas to be safe for our children. Lack of maintenance or dangerous equipment could easily lead to injuries.
Bringing a Personal Injury Claim in California on Behalf of a Child
When a child is injured in an accident that could have been prevented, parents or guardians may wonder what options their child has. Unfortunately, in California, children do not have legal standing to file a personal injury lawsuit. This is why it is important that a parent or a legal guardian understands their rights, as they are eligible to bring a claim on behalf of a child. The child may be able to recover some of the following damages as a result of the claim:
- Medical expenses a child has incurred or will incur in the future
- Expenses related to the child’s ongoing disability caused by the accident
- Therapy costs
- Decrease in a child’s future earning capacity
- Pain and suffering
- Any other out-of-pocket expenses
The statute of limitations for most personal injury claims in California is two years from the point that an injury is discovered. However, since minors are unable to file a lawsuit, the statute of limitations is paused until a child turns 18 years of age. A parent or guardian should never delay seeking assistance for their child’s injury claim, as they could miss out on financial opportunities during these challenging times. This is why it is crucial that you act quickly to retain your child’s rights.
Contact a California Personal Injury Lawyer Today
At Maison Law, our California personal injury lawyers understand how difficult it can be to face the aftermath of an accident, especially when your child has been injured. Our aggressive and hardworking lawyers will work to protect your child’s rights and stand up to the insurance company when you need our assistance the most. Please contact us for a free and completely confidential case consultation.
