Nothing is more stressful and terrifying than your child being injured due to someone else’s negligence.
Maison Law is dedicated to helping children who have been harmed in California personal injury accidents.
Our lawyers see that children get the best medical care available and make sure parents don’t have to worry about how they’ll pay for that care.
Please contact us after an accident involving a child for a free, no-obligation consultation for you and your family. It’s a no-risk opportunity to find out what your case may be worth and how to hold at-fault parties fully responsible.
Do I Need a Lawyer After an Accident Involving My Child?
If your child suffers a serious injury due to someone’s carelessness, it’s a good idea to speak to a California Child Injury Lawyer in a free consultation about your options. A serious injury can include a broken arm or a Traumatic Brain Injury (TBI).
It’s important to rely on the assessment of a doctor when deciding when a child is seriously injured.
On the scene, the shock of what’s happened may mask the child’s pain and hide an injury. The child may also not be communicative about how they are really feeling.
Child patients should be checked out by a family doctor, even if they’ve already been to the emergency room.
What may be only a minor injury for an adult, could prove a major setback for a young, and still maturing body.
When an injury is more than a few scrapes and bruises, an at-fault individual or business should be held accountable. But when medical costs escalate, insurance adjusters are trained to find ways to avoid taking the blame and limiting what they provide to child victims.
Your lawyer is a safeguard against these unfair insurance tactics. Your lawyer would collect evidence in your case to hold an insurance company responsible for all recovery costs.
Child Accident Dangers in California
Family life in California is usually fast-moving with a lot of day-to-day travel to school, daycare, the store, and maybe sports or band practice. There are so many ways that a child can get hurt. A driver may strike your family SUV and hurt everyone inside. Your child may be struck by a careless driver while out for a bike ride.
A dog owner may allow their dog to roam free, leading to your child suffering a serious dog bite. A supermarket manager may leave heavy products teetering on a shelf where they can fall and hurt a child.
These are all specific cases of neglect that can lead to a child being put in harm’s way. However, the CDC examined a full year of documented accidents involving children to identify the most common general threats that leave thousands of children injured each year. Car accidents were the biggest cause of child injuries, a constant threat when considering California’s never-ending traffic issues.
For a closer look at the types of accidents that target children the most, especially car accidents, check out a recent California child injury study from Maison Law.
Common Causes of Childhood Injuries
The negligence that causes these scary injuries leaves a person, a business owner, or an entire company responsible for the harm caused. That’s because motorists, landlords, business owners, and even city governments owe your child a “duty of care.” They are required to take every reasonable precaution to keep your child safe.
Types of Accidents that Threaten the Safety of Children
Added Concerns After a Child Is Injured in an Accident
A broken bone or a concussion can have long-lasting effects on a child’s development. Children could need financial support for medical care now and money to pay for monitoring in the future to make sure an old injury doesn’t affect the maturation process. A broken bone may be mostly healed. But years later, as a teenager’s body continues to grow, complications may occur. Surgery could be necessary to make sure an old injury doesn’t affect bone development as the child grows into adulthood.
Maison Law uses testimony from medical experts to calculate the level of support a child could need in the coming years. That support must be included in any settlement offer. If a settlement check won’t see a child through potential problems through their teen years, our lawyers reject those offers. We would go back to the negotiating table and demand more for the child and the child’s family.
What Can My Family Receive Compensation for If My Child Is Injured?
Children will need financial support for their care for as long as necessary. That may mean surprise costs as the victim enters the teen years and grows to adulthood. Your lawyer would be sure to list every current damage and get estimates on potential hardships in the future. The at-fault party’s insurance provider, whether car insurance, homeowners insurance, or commercial liability insurance, should be liable for all of it. Your lawyer demands support for all economic losses for your family but also includes some hardships you may not have realized could contribute to an accident settlement check:
- Hospital and rehabilitation cost totals.
- Estimates on lifelong support for a long-term disability or a disfigurement. The fact that a child still has many years of life left would only increase the amount of compensation an insurance company would be expected to provide.
- Support for physical pain the child endures and the chronic pain that lingers.
- Support for emotional trauma. Children can suffer long-lasting psychological effects after a frightening accident.
- Totals on travel costs to and from doctor visits and to see out-of-state child medical care specialists.
- Totals on your lost paychecks and benefits while parents must miss work to care for a child.
- Wrongful death benefits. After a tragic accident, parents may file a wrongful death claim to secure money to pay for a funeral and leftover hospital bills. The family should also receive support for the love and care that won’t be available in the coming years.
California’s Personal Injury Statute of Limitations for Child Injury Claims
A statute of limitations in a personal injury case operates as a deadline. The filing of the personal injury lawsuit must occur by this date. The general rule is that it’s two years from the date of the accident. Though an exception to that rule exists when a minor receives an injury. The two-year time limit doesn’t start running until the child’s 18th birthday. Then, he or she has until their 20th birthday to file. Be advised that a different set of rules might apply against a governmental entity. You’ll serve yourself and your child well by consulting with us as soon as you can after the accident.
Don’t give any information to the insurer of the party who caused your child’s accident and injuries. California law doesn’t require you to do that. If your child receives injury through the carelessness of somebody anywhere in California, get immediate attention at an emergency room. Follow all medical instructions and then call us for a free consultation and case review. We will hear your account and answer any questions you may have. After that, we can talk about your legal options. It won’t cost you a single penny to retain us either.
Frequently Asked Questions
You can still secure skilled legal representation to protect your child. Maison Law doesn’t charge any upfront fees for taking your case. We don’t get paid unless we win your case for your child. Then our fee comes out of the settlement money your family receives.
In California, a child under the age of 18 can’t sign off on an insurance settlement. A parent or guardian would have to file a claim, often with the help of a lawyer. Then any settlement would have to be approved by a California court. This extra step is required so a judge can make sure the young victim is getting fair compensation for an injury.
Not usually. The vast majority of personal injury cases are settled out of court. Insurance companies want to avoid the cost and embarrassment of a trial. Your child accident lawyer represents the threat of a lawsuit. That means insurers will often work harder to provide a fair settlement rather than risk having to go before a judge and jury.
Contact a California Child Injury Lawyer
After your child has suffered a serious injury caused by someone’s carelessness, contact a skilled Maison Law Child Injury Lawyer to discuss your case, free of charge. It’s a no-risk opportunity to find out about all the benefits available to you and how to hold an insurance company fully responsible. Maison Law compassionately protects child victims and their families and makes sure they receive every benefit available to rebuild their lives. That means we work hard to cause as little disruption to family life as possible during the claims process. We handle the sometimes frustrating battle with insurance companies so children can focus on healing.
Additional Resources:
- California Pedestrian Accidents Involving Children
- California Car Accidents Involving Children
- Children Injured by Defective Toys and Products
- Bicycle Accidents Involving Children in California
- Child Wrongful Death Claims in California
- Children Injured in California Motorcycle Accidents
- Broken Bones Sustained by Children in Car Accidents
- Liability for Child’s Injuries if a Waiver Was Signed
- Head Trauma Injuries in Children from California Car Accidents
- Child Facial Injuries in California Car Accidents
- Child Injuries at Fun Parks, Playspaces, and Trampoline Parks
- Bounce House Injuries Affecting Children
- Children Hurt in Playground Accidents
- Child Gun Accidents in California
- Can You Sue For Severe Injuries From High School Football?
