Maison Law helps any injury victim in Los Angeles, including children. Nobody wants to think about their child getting hurt, but this is unfortunately something that happens in accidents. Our Los Angeles personal injury lawyers will be there to guide and support you and your child through the claims process. Contact us today to set up a free consultation to learn more about your options.
When Do You Need a Lawyer?
An accident where your child is hurt is tough for a number of reasons. What makes things tougher is that you may not even be directly involved. Hopefully, the accident will be minor and won’t require our help. But if not, we can be a huge help. Here’s how we generally approach these types of cases:
- We explain your legal options and what rights your child has.
- We use our resources to thoroughly investigate the accident and figure out who is at fault.
- We help you gather evidence, such as photos and your child’s medical records.
- We talk with witnesses and experts to gather helpful information.
- We handle negotiations with insurance companies and the other party’s lawyers on your behalf.
Our aim is to achieve a fair outcome for your child’s injuries, while also making the process smoother for you both. We offer free initial consultations and work on a contingency-fee basis, meaning there’s no upfront cost for you.
How Do Children Get Hurt in Los Angeles?
Accidents involving children can happen almost anywhere, which makes them especially concerning. That said, there’s certain areas and situations where children are more likely to get hurt in Los Angeles. Usually, accidents happen at:
- Schools – With so much time spent at school, injuries can happen in various places like the school grounds, playgrounds, and even on school buses. Everything from trips to fights can leave a child hurt at their school.
- Churches – Often places of community gatherings, children could be hurt at church activities or events.
- Daycare centers – Much like schools, children are vulnerable to injuries at daycare centers due to falls from play equipment, burns from hot surfaces, or choking incidents during meal times.
- Parks – Parks offer outdoor exploration but carry risks of falls on uneven terrain or injuries from sports or allergic reactions after insect stings.
- Playgrounds – Playgrounds, designed for fun, can become sites of falls from equipment or entanglement in structures. Homes, though familiar, can harbor dangers like falls on stairs, burns from household items, or accidents involving sharp objects or chemicals.
- Homes – Many child injuries happen at home, whether it be burns by hot surfaces or liquids, swallowing harmful substances, drowning in water, getting cuts from sharp objects, choking on small items, or being hurt by other household items.
Liability
Where the accident happens is important because it usually sets the boundaries for who is responsible. Determining responsibility for your child’s accident is crucial for establishing liability and covering their damages. To prove negligence, it must be shown that:
- The responsible party failed to take reasonable care in keeping your child safe, directly causing the accident and your child’s injuries.
In a typical child accident, any of the following can be liable:
- Their school
- Individuals
- The church or religious organization
- Property owners or management
- Product manufacturers
- Drivers of vehicles
- Local or state government, if the accident happened on public property
Remember, comparative negligence also applies, where the percentage of damages is reduced by whatever percentage of fault you (as the child’s parent or guardian) had in the accident. This makes the circumstances important, as well as the steps to take to strengthen their claim.
Strengthening Your Child’s Injury Claim
There’s no denying that an accident where your child is hurt is very troubling, especially if you witness it happen. At the same time, the legal process is going to be similar to an accident where you get hurt. As such, you have to take certain steps to protect your child’s health and legal options. To do this, make sure to:
- Examine things – First, check how serious the accident is and see if your child got hurt. Stay calm so your child doesn’t get upset.
- Get to safety – If the accident happened in a dangerous place like a busy street or near a fire, try to move your child somewhere safer. But if they’re badly hurt, don’t move them unless they’re in immediate danger.
- Get help – If your child is hurt or you’re not sure how bad it is, call emergency services right away. Tell them exactly what happened and follow their advice. If you know first aid and it’s safe, help your child while you wait for medical help. This might mean putting pressure on wounds, supporting broken bones, or doing CPR if needed.
- Explain the situation – Let your child know that help is coming and try to keep them calm. Stay with them until the paramedics arrive.
- Get details – If you can, find out what caused the accident and if anyone saw it happen. Take pictures of injuries and damage if you can. This information could be important later.
What Damages Are Available in a Claim?
One of the things that differentiates a child injury claim from others is the scope of the damages that are available. Legally speaking, your child has the same legal rights to damages in a claim. The main difference, though, is that the same categories of damages that are available have to be extended. Basically, not only do your child’s current injuries and losses factor in, but also how the injuries will impact their future. To that end, here’s an overview of the damages that can be recovered in a claim:
- Medical expenses – This covers past, current, and future medical costs, including hospital bills, surgeries, therapies, and necessary medical equipment like wheelchairs or crutches.
- Lost earning potential – This accounts for the potential income your child might have earned in the future if not for the injury.
- Property damage – This covers the expenses to repair or replace damaged personal items such as tablets, glasses, phones, or other belongings.
- Out-of-pocket expenses – These include costs related to the injury, such as transportation to medical appointments and prescription medications.
- Pain and suffering – This covers both the physical and mental anguish experienced by the child due to the injury.
- Emotional distress – This covers the emotional trauma experienced by the child, such as anxiety and depression resulting from the incident.
- Loss of enjoyment of life – This addresses the child’s diminished ability to enjoy activities they once did before the injury.
- Loss of companionship – This pertains to any strain on family relationships caused by the injury.
Statute of limitations
As with any injury claim in California, there’s still a two-year statute of limitations when your child gets hurt. However, this deadline doesn’t actually kick in until the child turns 18. You can file your injury claim at any point prior to that, but once they turn 18, you only have two years to file.
Dedicated Child Injury Lawyers in Los Angeles
In some ways, an accident where your child is hurt is more painful than most others you can experience. At Maison Law, our dedicated team of Los Angeles child injury lawyers are well aware of this and can help you and your child through the recovery process. We’ll explain your options, then support their claim to restore some normalcy to both your lives. To get started, contact us today for a free consultation.
