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Bakersfield Child Injury Lawyer

Injury victims in Bakersfield can turn to Maison Law for legal guidance. Our team of personal injury lawyers help those injured in accidents, and none are more vulnerable than children. In many ways, these accidents are more difficult because you’re not directly involved, yet the damage can still carry huge implications for you and your family. Contact us today for a free consultation to talk about you and your child’s legal options.

Do I Even Need a Lawyer?

Even though you’re probably not directly involved when your child gets hurt in an accident, you’ll still need to be involved in the legal process. At the same time, whether or not you need a lawyer depends on how serious the accident is. A minor accident or minor injury probably won’t require legal action, but because the situation is so unique, having our team on your side can help. Here’s how we typically approach these types of cases:

  • We’ll explain the legal options for your child and their rights.
  • We’ll investigate the accident thoroughly to find out who’s at fault.
  • We’ll help gather evidence like photos and your child’s medical records.
  • We’ll talk to witnesses and experts to get helpful information.
  • We’ll handle negotiations with insurance companies and the other party’s lawyers for you.

Mainly, we want to secure a fair resolution for your child’s injuries and to streamline the process for both you and your child. We provide free initial consultations and operate on a contingency-fee basis, which means you won’t have any upfront cost to work with us.

What’s the Legal Process in These Cases?

Legally speaking, the process that takes place once you decide to take legal action after your child gets hurt in Bakersfield doesn’t look all that different from a normal injury claim. The main difference is that, although your child will be the one with the legal rights, you’ll be the one filing the claim on their behalf. They’ll still have to go through the claims process, all with the help and support of our team.

Whether you decide to file an insurance claim or lawsuit, there’s a difference in the damages available compared to other claims. Your child has the same legal rights to damages, but there’s an added consideration for the future impact of any injuries. In these claims, here’s what can be recovered:

  • Medical expenses, which will cover past, current, and future medical costs.
  • Lost earning potential, which will consider any loss of potential future income.
  • Property damage, which includes repair or replacement costs for damaged personal items.
  • Out-of-pocket expenses, covering costs like transportation and prescriptions.
  • Pain and suffering, which will address physical and mental anguish.
  • Emotional distress, which will be built around any resulting anxiety, depression or PTSD from the accident.
  • Loss of enjoyment of life, which will deal with reduced ability to enjoy activities.
  • Loss of companionship, which will address any strain on family relationships.

 

In California, there’s a two-year statute of limitations for injury claims, but it starts when the child turns 18. You have until then to file, and afterward, you have two years to take legal action.

Accidents and Injuries

In real terms, where your child gets hurt is going to play a big role in their case. Unfortunately, they’re like anyone else in the respect that they can get hurt anywhere at any time. That said, there’s a few scenarios and places where they’re more likely to experience injuries: 

  • Schools – Since kids spend a lot of time at school, accidents there are common. They can happen on the property, playgrounds, or even on school buses.

  • Daycare centers – Sometimes, supervision lapses at daycare centers, leading to falls or kids swallowing harmful materials. Playtime accidents and choking hazards are also big concerns.

  • Churches – In churches, injuries can happen from falls caused by uneven floors or accidents in play areas. Additionally, accidents can occur during events or gatherings.

  • Stores – Falls and injuries can occur at stores due to uneven floors or mishaps in play areas. Also, accidents with other shoppers can happen.

  • Roads – Pedestrian and bicycle accidents, and incidents involving school buses, are common on Bakersfield’s roads.

  • Parks and public areas – Parks might not always be safe, leading to playground injuries, trips, falls, or encounters with dogs or water-related accidents.

Obviously, the specific injuries can vary from accident to accident. What’s worse, though, is that they often have long-term effects because children are still growing. Common ones include broken bones, facial and dental injuries, traumatic brain injuries (TBIs), internal organ damage, burns, and allergic reactions. It’s important to be ready if your child has an accident. Knowing how to respond and who’s responsible is key.

Who is Responsible For a Child’s Injuries?

Another area where a child’s injuries are similar to any other claim is liability–or the legal responsibility for covering their injuries and other losses. Obviously, this is going to depend on the circumstances, but in general, liability will fall on whoever:

  • Failed to reasonably ensure your child’s safety, directly causing the accident and their injuries.

Different parties may be responsible in a typical child accident situation, such as: 

  • Schools and their boards of education
  • Churches or religious groups
  • Property owners or managers
  • Store owners
  • Product manufacturers
  • Vehicle drivers
  • The City of Bakersfield or State of California, if it happened on public property

Like any accident, it can sometimes be difficult to nail down all the liable parties–particularly in an accident with your child. They usually don’t understand the implications of an accident and may not be able to recall specific details. This is where our team can be a huge help, providing the necessary support and using our resources to investigate what happened and led to the accident itself. But prior to that, it’s important to know what you need to do.

How Should You Respond After a Child Gets Hurt?

The trauma that comes with a child injury or accident can be serious, indeed. Although children are incredibly resilient, it’s still troubling to witness them get hurt. So, when it does happen, you should take the following steps to make sure everything goes as smoothly as possible: 

  • Assess and explain the situation – First, examine the severity of the accident and check if your child is injured. Stay calm to avoid upsetting your child, and reassure your child that help is on the way and try to keep them calm. Stay by their side until paramedics arrive.

  • Move to safety – If the accident occurred in a hazardous location, like a busy street or near a fire, try to relocate your child to a safer area. However, if they’re seriously injured, avoid moving them unless they’re in immediate danger.

  • Get medical help – If your child is injured or you’re uncertain about their condition, immediately call emergency services. Provide them with a clear description of what happened and follow their instructions. If you have knowledge of first aid and it’s safe to do so, administer aid to your child while awaiting medical assistance. This could involve applying pressure to wounds, stabilizing broken bones, or performing CPR if necessary.

  • Report the accident – Report the accident to whoever is in charge, like a store owner, so they can respond. You should also call 911 or police if there’s a car accident or injuries.

  • Gather information – If possible, determine the cause of the accident and if there were any witnesses. Take photographs of injuries and damage if feasible. This information is usually very important for your child’s claim.

In many instances, you’ll be injured or at least present during the accident involving your child. It’s vital to prioritize your own health and safety, as well. Once you’ve addressed those concerns, reach out to our team for guidance.

Experienced Bakersfield Child Injury Lawyers

When you get injured, it’s always a challenge. But when your child is the one who gets hurt in an accident, it can leave you feeling helpless. Our experienced Bakersfield child injury lawyers at Maison Law will be there to support you and your child throughout this process. To get started, contact us today for a free consultation.