Madera Child Injury Lawyer

Maison Law represents any injury victim in Madera, including children. When your child suffers an injury, knowing what steps to take can be overwhelming. But remember, you’re not alone. Our Madera personal injury lawyers can explain your options and what the process looks like. To talk more in-depth with us, contact us today for a free consultation.

Should You Hire a Lawyer?

A typical accident raises a lot of questions for you and your family, like how you’ll pay your bills or what medical treatment you’ll need. While challenging, it’s relatively within your control. But when your child is the one that’s hurt, all of these questions are still there, but you can feel even more helpless because you’re not the one that’s hurt.

That’s where our team can help. Your child has the same legal rights as any other injury victim, except you’ll be the one that needs to file the claim. At that point, the process is the same as any other accident. So, while there’s no legal requirement that says you need a lawyer, our team can:

• Thoroughly investigate the accident and gather important details.
• Gather evidence like photos and documents.
• Talk to witnesses and experts for information and testimony.
• Handle communication with insurance companies and the other side’s lawyers for you.
  
  

How to Respond

Our goal is to achieve a fair outcome for your child’s injuries while making the process easier for you both. That said, you need to be able to respond effectively. No matter where the accident happens and what the injuries are, make sure to:

• Check the situation – Take a moment to see how bad the accident is and if your child got hurt. Stay calm to reassure them, and let them know that help is coming.
  
  

• Keep them safe – If the accident happened in a dangerous place, like a busy road or near a fire, try to move the child somewhere safer. But if they’re really hurt, don’t move them unless there’s an immediate danger.
  
  

• Get help – If the child is hurt or you’re not sure how bad it is, call for emergency help right away. If you know first aid and it’s safe, help the child while waiting for help. This could mean things like putting pressure on cuts, keeping broken arms still, or doing CPR if needed.
  
  

• Get information – If it’s safe, try to figure out how the accident happened and if anyone saw it. Write down any injuries and other damage. Also, report the accident to authorities.
  
  

• Take care of yourself – If you’re hurt too, make sure to take care of yourself. Once everyone’s safe, you can think about the legal process.
  
  

Overall, protecting your and your child’s health should always be the top priority. That said, there’s still a process in place that you’ll need to go through to help everyone recover.

Where Can Children Get Hurt?

The unfortunate reality is that children are extremely vulnerable to injuries in any type of accident. While they can happen anywhere, at any time, there’s a few areas where they’re more likely to occur:

• Schools – Given the significant amount of time children spend at school, it’s no surprise that this is a common location for accidents. Incidents can occur within the school premises, on playgrounds, and even on school buses during transportation to and from school.
  
  
• Daycare centers – Supervision lapses in daycare centers can lead to falls or swallowing of harmful substances. Additionally, playtime accidents and choking hazards pose significant risks to children’s safety.
  
  
• Stores – Uneven flooring and play area mishaps can result in falls and injuries at stores. Furthermore, the environment can lead to injuries from incidents with other shoppers.
  
  
• Traveling – Pedestrian and bicycle accidents, as well as incidents involving school buses, are prevalent on Madera’s roads and streets.
  
  
• Parks and other public areas – Inadequate safety measures in parks and public spaces can lead to playground injuries, trips, falls, and encounters with dogs or water-related accidents.
  
  

Common Child Injuries

Depending on the location and nature of the accident, children can sustain various injuries. Unfortunately, due to their developing bodies, these injuries can often have long-term effects. Common injuries include:

• Broken bones
• Facial and dental injuries
• Traumatic Brain Injuries (TBIs)
• Internal organ damage
• Burns
• Allergic reactions
  
  

Again, being prepared is something that’s very important when your child is involved in an accident. Not only does that mean responding in the correct way, but being able to understand who is responsible.

Figuring Out Liability in Your Child’s Accident

The location of the accident plays a crucial role in determining liability, as it often defines the responsible parties. Establishing responsibility for your child’s accident is essential for covering their damages. To prove negligence, it’s necessary to demonstrate that:

• The responsible party failed to exercise reasonable care in ensuring your child’s safety, directly leading to the accident and their injuries.
  
  

Various parties can be liable in a typical child accident scenario, including:

• Schools and city or county boards of education
• Churches or religious organizations
• Property owners or managers
• Store owners
• Product manufacturers
• Drivers of vehicles
• Local or state government, if the accident occurred on public property
  
  

Damages

It’s important to note that comparative negligence applies, meaning the percentage of damages is reduced by the percentage of fault attributed to you as the child’s parent or guardian. Still, you have to file a claim for these damages. In a typical case, you and your child can recover things like:

• Medical expenses, covering all past, current, and future medical costs, such as hospital bills, surgeries, therapies, and necessary medical equipment like wheelchairs or crutches.
• Lost earning potential, which accounts for the potential income the child could have earned in the future if not for the injury.
• Property damages, covering expenses for repairing or replacing damaged items like tablets, glasses, phones, or other personal belongings.
• Emotional distress, which covers emotional trauma, such as anxiety and depression, stemming from the incident.
• Out-of-pocket expenses, covering related costs like transportation to medical appointments and prescription medications.
• Pain and suffering, relating to the physical and mental anguish experienced by the child.
• Loss of quality of life, addressing the child’s diminished ability to participate in activities they enjoyed before the injury.
• Loss of companionship, relating to any strain on family relationships resulting from the injury.
• Wrongful death expenses, in the event of fatal injuries.
  
  

Another major difference in a child injury claim is the statute of limitations. It’s still two years, but it only kicks in once the child turns 18. It’s not easy to face this situation, but you and your child can rest assured that our team will be there to support you throughout the whole process.

Dedicated Child Injury Lawyers in Madera

In some ways, an accident where your child is injured is more difficult than one where you yourself are hurt. It can be a helpless feeling watching your child get hurt and then struggle to recover. At Maison Law, our Madera child injury lawyers are dedicated to helping you and your family through this tough situation. We’ll explain your child’s options, then guide you all through the claims process. Don’t hesitate–contact us today for a free consultation.