At Maison Law, we represent victims of serious accidents in California. We are dedicated to assisting children who have been harmed by personal injury accidents throughout the state, as we know how stressful it can be to face an accident involving a child. We will help you hold responsible parties accountable for the harm that they have caused your family following an accident. Please contact us for a no-obligation consultation for you and your family to find out what your case is worth.
Do I Need a Lawyer After an Accident Involving My Child?
If your child sustained a serious injury in an accident due to the negligence of another party, it can be beneficial to speak with a personal injury lawyer about your options moving forward. Though some minor cases can be handled without the help of a lawyer, this is not always the case if liability is certain or the injuries are severe or permanent.
Speaking with a lawyer means that you are taking the first steps to protect your child against the unfair insurers. An insurance company might attempt to offer you much less than you deserve. Protecting your child’s rights is incredibly vital as they focus on their recovery.
Common Causes of Child Injuries in Merced
In Merced, individuals are always traveling from work to school and play. Because of this, there are many ways that a child can get injured. A child could be riding a bicycle when, suddenly, they are struck by a speeding vehicle. A dog owner might not have their dog on a leash and the dog could bite your child. A piece of merchandise could fall off a shelf at a grocery store onto your child below. Any of these accidents could lead to serious injuries in your child that you never expected to face.
Some of the most common types of accidents that occur involving children in Merced include the following:
- Motor Vehicle Accidents: Motor vehicle accidents are some of the most common causes of injuries in children every year. A child is not able to stop an accident from happening as an adult would be able to.
- School Bus Accidents: School buses take children to and from school five days out of the week, which means that there is always a chance for a collision. Bus companies and drivers owe students a duty of care to keep them safe from harm and could be held responsible if an accident occurs.
- Crosswalk Accidents: Even though drivers are supposed to yield to or even stop for children in crosswalks, they do not always do so. This can lead to a tragic accident involving children, especially in school zones and around popular areas for children like parks.
- Bicycle Accidents: There are many people or entities who could be liable in the event of an accident involving a child on a bicycle. These include the driver of a vehicle, an employer who was on the clock, or a government entity.
- Dog Bite Accidents: California follows strict liability laws. This means that, if a child is injured in a dog bite attack, the owner is likely responsible for the injuries that result.
- As a Visitor: Owners of properties are supposed to keep said properties in safe condition. A child who is playing on a dangerous property could become injured and a property owner could be responsible for resulting injuries.
- Daycare Accidents: California daycare providers are supposed to ensure the safety and well-being of children under their care. There are some cases where a provider acts negligently and a child becomes seriously injured.
Elements of a Personal Injury Lawsuit Involving Children
For your child to receive damages in a personal injury claim, your lawyer will have to help you prove the following:
- The defendant in your claim had a duty to exercise reasonable care to others.
- The defendant breached the duty of care to your child by acting in a negligent way.
- The breach in duty is what led to your child’s injuries.
- Your child sustained injuries and other damages as a result of the accident.
In California, anybody who is under the age of 18 is considered a minor according to the law. This means that a child under 18 is unable to enter into a contract or negotiate a personal injury claim. It also means that a parent or guardian must negotiate on their behalf. A parent or guardian should speak with an attorney as soon as possible after an accident so that they can protect their child’s rights from the beginning.
What Damages Are Available if a Child is Injured in a Merced Accident?
Children who have been injured in accidents may be in need of care well into their teen years or adulthood. An attorney and their team of experts can take a closer look at medical records and determine what hardships an injury may cause a child in the future. Some of the damages that a child or their family may receive after suffering from an injury include the following:
- Hospital and other medical expenses of the past, present, and future
- Long-term disability or disfigurement
- Support for emotional trauma and distress
- Travel costs to and from your child’s medical appointments
- Totals of lost paychecks from a parent needing to miss work to care for their child
- Wrongful death benefits if a child’s life is taken due to an accident
In California, all personal injury claims are subject to a statute of limitations that sets deadlines on when you need to file a claim. Though personal injury claims need to be filed two years after an injury appears from an accident, this timeline is different when a child is injured. The two-year deadline does not start running until the child turns 18 years old. This means that they will have until their 20th birthday to file a claim. However, speaking with a lawyer as soon as possible can help you protect your child’s rights and ensure that their claim is taken seriously, which is why you should never delay.
Contact a Merced Child Injury Lawyer
At Maison Law, we compassionately handle all personal injury claims for victims, especially those involving children. If you believe that your child was injured due to another person’s carelessness, it is important that you have knowledgeable legal help on your side. Contact a Merced personal injury lawyer that you can rely on to handle your case from start to finish. We offer you a no-obligation and completely free legal consultation so that you can get started.