Maison Law represents injury victims throughout Fremont, including children. The unfortunate reality is that children are much more vulnerable to accidents and injuries. At the same time, they have the same legal rights as anyone else. Our personal injury lawyers can help you in this situation. Contact us today for a free consultation.
Why Would You Need a Lawyer?
A child being injured is something no parent or anyone wants to think about. However, like any accident, injuries to the child can vary from case to case. The main difference between a child injury claim and others is that it has to be filed on behalf of the child by a parent or guardian. Hopefully, the accident and injuries will only be minor and not require legal action.
Ultimately, though, the decision to take legal action is entirely yours. If you’re considering legal action, contact us for a free consultation. We’ll explain the process without any pressure to hire us.
Here’s what we’ll do:
- Investigate the accident and gather important details.
- Collect evidence like photos and documents.
- Talk to witnesses and experts for helpful information.
- Deal with insurance companies and the other side’s lawyers for you.
Our goal is to get a fair result for your child’s injuries, all while making the process easier on you and your child.
Where Do Injuries Happen to Children?
Aside from actual injuries, what makes accidents with children so troubling is that they can happen virtually anywhere. This is true of any accident victim, but there are certain places in California where these types of accidents are more prevalent:
- Schools – This is probably the most common place, simply because your and other children spend a huge amount of time at school. Injuries can happen in incidents at the actual school, on playgrounds, and even on buses to and from school.
- Daycare – In daycare centers, supervision lapses can result in falls or ingestion of harmful substances, while playtime mishaps and choking hazards pose risks to children’s safety.
- Churches – At churches, falls due to uneven flooring or play area mishaps can cause injuries, and events or gatherings may lead to accidents.
- During travel – On roads, pedestrian and bicycle accidents are prevalent, as are incidents involving school buses.
- Parks and public areas – In parks and public places, playground injuries, trips, falls, and encounters with animals or water-related accidents can occur if proper safety measures are not in place.
Injuries
Depending on the location and type of accident, a child can suffer a range of injuries. Unfortunately, because a child’s body is still developing, these injuries can often have a more long-term effect on them. Usually, though, they’re looking at the following:
- Broken bones
- Traumatic brain injuries (TBIs)
- Ligament tears
- Burns
- Facial and dental injuries
- Internal organ damage
A child is going to be in diverse environments throughout California. While you can’t always guarantee their safety, it’s important to do everything you can. However, if an accident does happen, it’s important to know how to respond.
What You Should Do After a Child Accident
Facing any situation where your child is hurt is scary. At least when you’re involved in an accident, you have some level of control. However, when your child or another child you’re with is hurt, you don’t have the same level of control. Still, there’s a few things you can do to protect their health and potential legal options:
- Check the situation – First, see how bad the accident is and if your child got hurt. Stay calm so they don’t get scared.
- Get to safety – If the accident is in a dangerous spot, like a busy road or near a fire, try to move the child to a safer place. But if they’re really hurt, don’t move them unless they’re in immediate danger.
- Get help – If the child is hurt or if you’re not sure how bad it is, call emergency services right away. Tell them exactly what happened and do what they say. If you know how to do first aid and it’s safe, help the child while you wait for the ambulance. This could mean putting pressure on cuts, keeping their broken arms still, or doing CPR if needed.
- Comfort the child – Make sure the child knows help is coming and try to keep them calm. Stay with them until the ambulance gets there.
- Find out what happened – If it’s safe, figure out how the accident happened and if there were any witnesses. Gather any evidence and make note of any injuries and other damage. This information will be useful later.
In most cases, it’s likely that you will also be injured or at least involved in the accident along with the child. Make sure to also take care of your health and safety. With that taken care of, though, you can start looking toward the legal process.
Claims Process After a Child Accident
Filing a claim after your child’s injury isn’t all that different from situations where you’re injured. Again, though, the major difference is that you’ll file the claim on behalf of your child. At that point, though, the process involves the exact same procedure as any other claim. Basically, you have the option to either:
- File an insurance claim
- File a personal injury lawsuit
One major difference in a child injury claim is that their two-year statute of limitations doesn’t kick in until they turn 18 years old. This means that you generally have more time to process and file a child’s injury claim. Still, the goal is the same: recover damages. In a typical injury claim, you can potentially recover the following on behalf of the child:
- Medical expenses – This includes past and future medical bills, rehabilitation costs, therapy sessions, prescription medications, and any necessary medical equipment.
- Pain and suffering – This covers any physical pain and emotional distress experienced by the child due to the injury. This can be harder to quantify but is an essential component of damages.
- Loss of enjoyment of life – This covers any impact the injury has on the child’s ability to participate in activities they once enjoyed, such as sports or hobbies.
- Future expenses – This covers anticipated future costs related to ongoing medical care, adaptive equipment, or any long-term effects of the injury.
- Lost earning potential – In cases where the child’s injury impacts their ability to work in the future, these damages are meant to address that.
- Loss of companionship – These cover the loss of affection and companionship your child experiences because of their injury.
In some cases, you may be able to get punitive damages if the responsible party acted with gross negligence or they intentionally hurt the child.
Count on Maison Law For Support After a Child Injury in Fremont
Facing any injury brings its share of difficulties, but these are magnified when it’s your child that’s the victim. At Maison Law, we understand how tough these situations are, but we’re here to help. Our Fremont child injury lawyers can guide you through the claims process and make sure your child feels supported and protected. Contact us today for a free consultation to begin the process.
