Maison Law can help you and your child through the claims process after an accident in Santa Rosa. As a parent, there’s few situations that are more hurtful than your child being injured in an accident. Yet, given the many different risks children face every day, it’s something that can happen. Our team will be there to support you and your family. Set up a free consultation today.
Do I Really Need a Lawyer for My Child’s Injury?
When your child gets hurt, it can feel worse than if it happened to you. And the first question many parents ask is: do I need a lawyer? The short answer: not always—but having someone on your side can make the whole process much easier.
Kids can be tough, but injuries often bring more than just a trip to the ER. Recovery might involve multiple doctor visits, therapy, or adjustments at school. Insurance companies usually focus on covering the minimum costs, without thinking about the long-term impact. That’s when you need legal help, and our team can:
- Walk you through your child’s legal options and rights
- Collect evidence and important information
- Investigate the accident to figure out who’s responsible
- Handle negotiations with insurance companies
- Be ready to take the case to court if needed
While you focus on helping your child get better, we handle the financial and legal side so you don’t have to worry.
What Kind of Information Strengthens a Child Injury Claim?
Gathering information might feel overwhelming, but the more you have, the stronger your child’s claim. Here’s what helps:
- Accident reports from the police, school, or daycare provide an official record of what happened and help back up your story.
- Medical records, including ER notes, doctor visits, and therapy sessions, show the full timeline of your child’s care and recovery.
- Keeping your own notes about missed school, sleep problems, mood changes, or other daily impacts can help show how the injury affects your child’s everyday life.
- Receipts and expenses, such as gas, medical supplies, or lost wages from missed work, show the financial impact of the accident on your family.
- Getting the names and contact information of anyone who witnessed the accident can strengthen your child’s claim and provide important details about what happened. It’s even more vital if you weren’t with your child at the time.
You don’t need to have everything together perfectly. Think of it as putting together a puzzle: each piece helps tell the full story. If anything’s missing, we’ll help fill it in so you have what you need for moving forward.
How is the Claims Process Different With My Child’s Injury?
Claims for children work a little differently than for adults. As a parent or guardian, you step in to act on your child’s behalf. Once you reach that point, though, the process goes back to how it normally works–a claim is filed in one of two ways:
- Filing an insurance claim. This is usually the starting point, where you file a claim with the responsible person or group’s insurance provider. It’s usually quicker because it happens outside of court, but it’s also totally controlled by the insurance company. They decide what your child’s injuries are worth, and they’re often just focused on paying out as little as possible.
- Filing a lawsuit. If the insurance company isn’t reasonable, a lawsuit may be necessary. It can take longer but often encourages fair settlements—or goes to trial if needed. We take care of all the filings, evidence gathering, and negotiation. Our ultimate goal is to put together a strong claim for your child’s damages, which can cover:
- Medical expenses (past, current, and future)
- Lost income if you or other family members have to miss work
- Replacement for damaged property (glasses, bikes, clothing)
- Pain and suffering
- Emotional distress or behavioral changes
- Loss of enjoyment of activities your child once loved
In the worst cases, when a child dies, families can also pursue funeral costs and related damages. No matter which option you choose, it’s important to look at the statute of limitations. With a child being injured, the two-year window doesn’t kick in until they turn 18. Still, you’ll want to move quickly. Evidence and memories fade quickly.
Who Pays For Damages When My Child is Hurt in an Accident?
When your child gets hurt, your first thought is usually just, “I want them safe.” But then the bills, therapy, and missed school start adding up—and that’s when the reality hits. In California, the law says that if someone’s carelessness caused the injury, they’re legally responsible for covering your child’s damages.
But again, it comes down to what actually happened and the circumstances. Most of the time, though, it’s going to fall on:
- Negligent drivers
- Property owners or managers
- Schools or daycares
- Makers of products that malfunction
- The city, county, or state government that didn’t keep public spaces safe
A claim isn’t just about money—it’s about holding the responsible party accountable and making sure your child and the rest of your family aren’t left carrying the burden of someone else’s mistake. With that said, it’s important to look at the how and why of these kinds of accidents.
How Do Children Get Hurt in Santa Rosa?
It’s hard to think about, but the reality is that your child is just as likely to be hurt in an accident as anyone else. Sometimes, they’re even more likely to be in an accident because of their nature–they don’t see the danger in certain situations. Add all that up and it’s easy to see how your child could end up being injured. But there’s more common types of accidents:
- Car accidents happen when kids are passengers, walking, or biking near busy streets. These accidents often involve collisions, sudden stops, or drivers not paying attention.
- Playground and park accidents happen when children fall from swings, slides, climbing structures, or other equipment—especially when it’s worn or supervision is limited.
- School and daycare accidents can include slips, trips, rough play, or injuries from unsafe conditions, even when staff are doing their best to watch everyone.
- Slip-and-fall accidents happen at stores, schools, or apartment complexes when floors are wet, sidewalks are broken, or surfaces are uneven.
- Dog bites can happen if a dog is startled, playing too roughly, or left unsupervised, even if it’s usually friendly.
- Sometimes injuries happen when a toy, bike, or piece of sports equipment breaks or doesn’t work the way it’s supposed to—often when you least expect it.
Accidents like these happen in the blink of an eye, and they can have a bigger impact than you might expect. That’s why it’s important to know your options and get support if your child gets hurt—you don’t have to go through this alone.
Frequently Asked Questions
Is it possible for my child to be partly at fault?
Yes, but the law recognizes that children can’t always make the safest choices or see risks. Their age and understanding are taken into account, so a claim isn’t automatically denied just because your child didn’t know better.
What if it happened on a friend or family member’s property?
You can usually still file a claim, which is typically handled through their insurance.
How can I get damages for future medical expenses?
Even if your child’s full recovery isn’t clear, doctors and experts can estimate future treatment to include in the claim.
Maison Law Helps Families in Santa Rosa After a Child Accident
When your child is hurt, the stress can feel overwhelming. Physical recovery, school adjustments, and financial worries all hit at once. Our Santa Rosa child injury lawyers at Maison Law understand what you’re going through. Reach out for a free consultation—we’ll guide your family step by step and handle the legal side, so you can focus on what matters most: your child.
