Few accidents have greater consequences than those involving children. If your child sustained a serious injury in a situation like this, the steps you take in the immediate future to pursue fair financial recovery could have an immensely consequential impact both on their future prospects and your own.
California state law establishes numerous unique restrictions and regulations for personal injury claims filed on behalf of injured minors, so it is essential that you seek help with your case from an experienced Los Angeles child injury lawyer. Once retained, your compassionate personal injury attorney could ensure you understand what is expected of you as your child’s parent or guardian, what options you have for obtaining compensation on their behalf, and what obstacles might get in the way of them getting the recovery they deserve.
How Negligence Could Cause a Child to Get Hurt
Unfortunately, motor vehicle accidents are one of the biggest sources of injuries to children just as they are for injuries to adults, as well as a particularly common cause of catastrophic injuries like traumatic brain damage, spinal cord trauma, severe burns, and internal organ damage. Other common justifications for child injury litigation include but are not restricted to:
- School bus accidents
- Dangerous toys and other defective consumer products
- Dog attacks
- Playground accidents
- Swimming pool and/or drowning accidents
- Injuries caused by “attractive nuisances,” such as construction equipment that may entice a child to trespass on private property and get hurt
Some causes of action are unique to cases filed on behalf of children. For example, landowners who may be liable for injuries to children from “attractive nuisances” would likely not be liable for similar injuries sustained by a trespassing adult. A local attorney could examine a particular set of circumstances and provide custom-tailored advice about your available options for compensation after your child’s accident.
Pursuing Compensation for an Injured Child in Los Angeles
In a major divergence from how many other states approaches cases of this nature, California does not allow parents or guardians to immediately file suit on their own child’s behalf if that child gets hurt through another person’s negligence. Instead, a court must appoint a guardian ad litem who will represent the child’s interests in court, and who must retain legal counsel of their own before a case can proceed. This guardian ad litem can be the child’s parent or guardian, or it can be some other qualified person nominated by a parent or guardian’s attorney with their input.
Additionally, the statute of limitations for child injury litigation works differently than it does for adults filing personal injury claims on their own behalf. A two-year filing deadline still applies, but that filing period does not begin until the child in question turns 18, as opposed to starting from the date of injury or discovery of injuries for a typical case. A childhood accident lawyer in LA could explain these and other important rules in detail during a confidential consultation.
A Los Angeles Child Injury Attorney Could Help
When children get hurt in accidents, it can be understandably difficult for their parents or guardians to rationally consider what legal action would best serve their child’s interests and preserve their future prospects. Our legal team knows how challenging this kind of situation can be and could work diligently to pursue the best possible outcome on your behalf.
Working with a dedicated and capable Los Angeles child injury lawyer could make a huge difference in your chances of securing fair compensation for your child. Call today to discuss your options.