When your little one suffers injuries because of someone else’s carelessness or intentional actions, you can seek action to recover damages. Child injury cases are complex, as there are important rules to be aware of when filing a lawsuit.
If a settlement is necessary immediately to get your child the medical care they need, you can file a civil claim on their behalf. Sometimes, it is in your child’s best interest to wait until adulthood.
Our knowledgeable and experienced injury attorneys can determine which option is best for your child and guide you through the legal process. Call a Bakersfield child injury lawyer today for a thorough case review.
Common Child Injury Case Causes
Children are usually accident-prone and lack the experience to understand the danger of taking risks. While most kids rebound quickly from these injuries, others are permanently impacted. When someone else’s carelessness or intentional actions cause a young person’s injuries, the civil court could hold them financially accountable, requiring them to cover the child’s losses.
Some common child injury case causes include the following:
Falls
Kids play hard and fall often, and most of the time, the injuries are minor and heal on their own; however, they sometimes cause devastating and permanent injuries. Often, these accidents happen on playgrounds or at another person’s home.
Car Accidents
Car accidents are a leading cause of child injuries. When another motorist’s negligence behind the wheel causes an adolescent’s bodily harm, legal action can be taken to recover damages.
Falling Objects
Falling objects harm many people yearly, including minors, and can cause severe head, brain, neck, or back damage. Injured people may be eligible to collect a settlement if the items fell because of negligence, such as improper stacking at a grocery store. Falling items causing harm because of recklessness, such as someone dropping them from above, are also reasons to pursue damages.
The Potential Recoverable Damages
After satisfying the requirements to prove fault in child injury cases, the court can award damages, including:
- Healthcare expenses, including emergency room visits, hospital stays, surgeries, and ongoing medical care
- Home renovations, medical equipment, prescriptions, in-home care, and physical and psychological therapy
- Pain and suffering
- Future lost wages and earning capacity
A dedicated lawyer in Bakersfield can investigate the child’s injury and collect evidence proving the adolescent’s damages.
Time Limit to Seek Legal Action
California legislation limits how long people have to sue for damages caused by someone else’s negligence. According to the guidance of the California Code of Civil Procedure § 335.1, the claimant must file a claim within two years; however, in the case of child injury actions, the time does not begin running until the minor turns 18, meaning they must take legal action by their 20th birthday.
Some circumstances could affect the statute of limitations. For example, when the case results from medical malpractice, the child’s parents or guardians must initiate action within three years of the date of the medical procedure or by the child’s eighth birthday if the injuries occurred before their sixth birthday. There are also varying timelines and requirements for cases against governmental agencies, each of which a legal representative can explain during an initial consultation.
Call a Determined Child Injury Attorney in Bakersfield Today
Severe childhood injuries can leave a minor with physical, emotional, cognitive, and developmental impairments. Therefore, when someone’s recklessness or thoughtless actions cause your child to suffer bodily harm, you must hold the at-fault party financially responsible.
A compassionate and experienced Bakersfield child injury lawyer knows the challenges you face and can help you through the legal process. Call today to schedule a meeting with our energetic legal team members.
