Maison Law represents the families of children who have been injured due to someone else’s careless actions. At Maison Law, we understand that as a parent, you will do everything to protect your child from harm. So, how can you protect them after they have suffered an injury?
One of the best things you can do for your injured child is consult with one of our Personal Injury Attorneys to better understand your legal options. Our firm has years of experience helping families receive justice after their child has been harmed due to the carelessness of another. Seeing your child suffer an undeserved injury can be a helpless feeling, but we can make it right. Contact Maison Law today for a free, no-obligation consultation to see what legal options are available for your situation.
Do I Need a Lawyer if My Child is Injured?
When you send your child off to school, or to a birthday party at a theme park, you’re trusting their well-being with employees and managers almost every day. So, when your child gets injured while they are away from you, you will understandably want answers. At Maison Law, we want answers too, and that’s why we will take the necessary legal steps to get them for you.
If an act of carelessness or a hazardous condition caused your child to suffer injuries, then we will take legal action to ensure your child receives financial compensation for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, if you’ve had to take time off work due to your child’s injuries
- Cost of making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper if necessary
- Property damage
- Pain and suffering caused by the accident
- Stress and anxiety due to the nature of the accident
- Your family and your child’s mental state after a life-changing accident
Who Can File a Claim for a Child’s Injuries?
The potential for serious injury, trauma, and life-altering accidents is much higher for children than for adults. Also, children are far more susceptible to serious and long-term injuries as their bodies are not as fully developed. For these reasons, it is critical to receive fair compensation for a child if they suffer injuries due to another’s carelessness. At Maison Law, we can help you take the first steps by filing a lawsuit on your child’s behalf. But when a minor is involved, a common question is who can file a claim?
In California, a minor is considered anyone under the age of 18. Minors are not allowed to file a personal injury lawsuit. However, they are still entitled to financial compensation for damages when caused by another party.
In order for a minor to recover compensation, an adult or legal guardian must file the lawsuit on their behalf. The adult, not the child, will have to show how the other party was responsible for their child’s injuries. However, if the adult does not want to file a lawsuit, then they can wait until their child is 18. This is covered under California’s Statute of Limitations Law.
Statute of Limitations for Injured Children
A child’s injury case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, if the victim was a minor, the statute of limitations will be withheld until the minor turns 18. Once the child turns 18, the two-year statute of limitations will start.
Child Personal Injury Claim v. Adult Personal Injury Claim
When a child is injured in a, they reserve the same right to compensation as an adult. However, there are key differences between personal injury claims for adults and those for children:
- Minors (individuals under 18 years of age) cannot file their own personal injury claim. Their parent, or legal guardian must file one on their behalf.
- Settlement agreements awarded to children must be reviewed and approved by a judge before they are finalized.
- Children have the right to wait until they are no longer a minors to file their own personal injury claim.
California Law for Injury-Related Accidents Involving Children
Under California Law, parents have the right to recover compensation on behalf of their child if they have been injured in a car accident. The parent or parents can recover damages for an injury to a minor child and may assign their child the right to those damages. The minor injury claim process is overseen by the California Courts for these reasons:
- To appoint a guardian
- To provide access to the settlement amount
- To ensure that all money is received by the time the minor has reached adulthood
- To ensure a fair settlement for the minor
If your child has been injured in an accident, don’t rely on the insurance company to give them a fair settlement. Contact the attorneys at Maison Law to get the maximum compensation for their damages.
What is the Typical Compensation for an Accident Involving Children?
When it comes to injury-related accidents involving your child, it is difficult to determine the exact amount you will be compensated. However, the more severe the injuries your child sustained, the higher the settlement amount tends to be. When it comes to a child’s compensation, it involves a more forward-looking approach, depending on how far they are from adulthood. A child’s personal injury compensation needs to address:
- Present and future medical expenses
- Ongoing care
- Potential loss of earnings going into adulthood
- Psychological therapy to cope with a life-altering accident
- Pain and suffering
FAQs
Q: Can I gain access to my child’s settlement?
A: Yes, in California, parents can petition for access to the money through court approval. Parents are usually only granted permission if the money is going to be used in the best interest of the child, such as for medical or educational expenses.
Q: When is it too late to file a personal injury lawsuit on behalf of my child?
A: The statute of limitations for personal injuries in California is two years from the day of the injury. In the case of a child, that statute does not begin until they turn 18 years old; then they will have two years to file a personal injury lawsuit.
Q: What should I do if I am contacted by the insurance company to accept a settlement?
A: Decline to speak with them. They will try to get you to say something to justify a denied insurance claim. Always consult with an attorney before speaking to anyone representing the at-fault party.
Contact a Personal Injury Lawyer in the Plumas National Forest Area
If you and your child have been injured in the Plumas National Forest Area, you have a right to seek damages for yourself and your child. At Maison Law, we understand how difficult it can be to watch your child’s life be negatively affected by a car accident. It isn’t fair. But we can help you and your child receive financial compensation to make the process easier.
Don’t wait until it’s too late to take legal action on behalf of your child. Contact Maison Law today for a free, no-risk consultation and case evaluation. No upfront money is required, and we don’t get paid until we win your case.
