At Maison Law, our Glendale personal injury lawyers represent accident victims and their families. Any injury is tough on you, but it takes on a different meaning when one happens to your child. We can help you and your child get the support they need to recover. Contact us today to set up a free consultation.
Do You Even Need a Lawyer?
Even if you’re not directly injured in a Glendale accident, you still have legal options under California law. This includes children, whose legal parent or guardian can file a claim on their behalf.
While some accidents may not require legal action for your child, it’s important to remember that children need special consideration due to the mental and emotional challenges they face. Our experienced team can help ensure your child gets the treatment they need for recovery.
Here’s what we can do:
- Identifying who’s responsible for the accident that caused your child’s injury.
- Assisting in gathering and reviewing your child’s medical records.
- Connecting you with specialists for medical care.
- Working with experts to evaluate the severity of your child’s injury.
- Negotiating with insurance companies and other parties.
- Filing a lawsuit on your child’s behalf if necessary for damages.
- Managing day-to-day tasks related to your child’s claim.
If you’re unsure where to turn for support, we’re here to help. Injuries to children require both ongoing medical care and legal assistance, and we offer patience and empathy to all our clients.
What You Need to Do After the Accident
Nobody wants to think about their child getting hurt in an accident, yet it’s unfortunately common. When you stop to think about the many different types of accidents there are, it’s easy to see why a child is so vulnerable. But there’s a number of other reasons they’re vulnerable to getting hurt:
- Their bodies are still growing, and don’t offer as much protection
- They may not realize dangers, especially in new places, due to their stage of development
- Curiosity and acting without thinking can prevent them from avoiding hazards
- Not enough supervision can lead to risky behaviors and accidents
Despite this vulnerability, it’s important to do a few things in the event they’re hurt in an accident:
- Assess the scene – Take a moment to see how bad the accident is and if your child got hurt. Stay calm so they don’t get more scared.
- Get to safety – If the accident happened in a dangerous place, like a busy road or near something like a fire, try to move the child somewhere safer. But if they’re really hurt, don’t move them unless they’re in immediate danger.
- Get help – If the child is hurt or you’re not sure how bad it is, call an ambulance right away. If you know first aid and it’s safe, help the child while waiting for the ambulance. This could mean things like applying pressure to cuts, keeping their broken arms still, or doing CPR if needed.
- Stay calm – Let the child know that help is on the way and try to keep them calm. Stay with them until the ambulance arrives.
- Gather evidence and information – If it’s safe, try to figure out how the accident happened and if there were any witnesses. Collect any evidence and make a note of any injuries and other damage.
If you’re also hurt or involved in the accident, make sure to take care of yourself too. Once everyone’s safe, you can start thinking about the legal process.
Damages In a Child Injury Claim
Just like a regular injury claim, your child has the legal right to recover damages in their claim. Along those same lines, this happens by either filing an insurance claim or personal injury lawsuit. Generally, though, the major difference is that the damages that are recoverable have to be extended to deal with not just the current injuries, but how they’ll impact your child’s life as they grow. As such, it can be a bit more difficult to value these claims. Still, here’s what’s recoverable:
- Medical expenses – Covers past, present, and future medical expenses like hospital bills, surgeries, therapies, and medical devices like wheelchairs or crutches.
- Lost earning potential – Accounts for potential future income the child might have earned if not injured.
- Property damage – Includes costs to repair or replace damaged items like tablets, glasses, phones, or other personal belongings.
- Out-of-pocket expenses – Covers related costs such as transportation to medical appointments and prescriptions.
- Pain and suffering – Covers for physical and mental pain experienced by the child.
- Loss of enjoyment of life – Accounts for the child’s inability to enjoy activities as they did before.
- Loss of companionship – Addresses for any strain on family relationships due to the injury.
- Emotional distress – Covers emotional trauma like anxiety and depression stemming from the incident.
It’s important to note California’s comparative negligence law, which reduces recovery based on fault. This will apply more to what you do or what whoever is responsible for the child at the time of the accident does, like speeding during a car accident. The statute of limitations for accidents in California is still two years, but starts after your child’s 18th birthday.
Who Pays For These Damages?
Like any other accident, it’s important to figure out who is responsible for the accident that hurt your child. This establishes liability–or legal responsibility–for paying for the damages. To prove negligence, it must be shown that the person responsible for the accident:
- Failed to take reasonable care in their actions, directly causing the accident and your child’s injuries or damages.
Once negligence is established, the next step is identifying who caused the accident. In your child’s accident, it depends heavily on the circumstances and where it happened. Potentially liable parties most often include:
- Schools, where incidents may occur during transportation or on school premises.
- Daycares, where supervision lapses or hazards during playtime can lead to accidents.
- Churches, where uneven flooring or mishaps during events may cause falls.
- Other drivers on the road, including pedestrian and bicycle accidents.
- Parks and public areas, where lack of safety measures can result in various accidents.
- Home, where products can malfunction and cause injuries like burns.
No matter where the accident happens, it’s vital to get medical care for your child right away. With your child’s health and safety secured, consider reaching out to our team to begin the recovery process.
Experienced Glendale Child Injury Lawyers
At Maison Law, we understand that any injury brings challenges, but this takes on larger meaning when it involves your child. We’ll explain the process and be there to support both you and your child throughout the claims process. To learn more about your child’s options, contact us today for a free consultation.
