29 July, 2024
Any type of injury-causing accident can be a traumatic experience, especially if it involves your child. In these scenarios, parents are often left angry, frightened, and unsure of what to do next. Furthermore, questions may arise on what the future holds for the injured child and how they can get justice for being wrongfully injured.
Thankfully, there is a legal process known as a child injury settlement, which aims to compensate children who have been injured in accidents that were not their fault. When filing a child injury settlement, it is wise to seek the guidance of a skilled attorney with knowledge of personal injury laws, and how to file a claim that helps get your child the maximum compensation available.
Although any type of accident may potentially injure a child, there are some that stand out as the most prominent threats to their health and wellbeing. The leading injury-causing accidents for children include:
Slip or Trip & Falls
According to the National Library of Medicine, about 8,000 US children are treated for fall-related injuries daily. Although highly preventable, falls consistently rank as a leading cause of serious injuries for children. Common fall hazards include stairways, beds, windows, bathtubs, and elevated landings. These accidents most often result in head injuries, soft tissue damage, broken bones, and fractures.
Struck by Objects
After falls, children being struck by objects is the second leading cause of child injuries in the U.S. Being struck by objects may include children walking into a door, getting hit by a toy or falling object, or getting crushed by furniture or an appliance. These accidents can result in a variety of injuries, depending on the size and speed of the object that strikes the child.
Motor Vehicle Accidents
Children can be injured in motor vehicle accidents (MVAs), even in the back seat. The CDC also reports that MVAs commonly injure teens aged 16-19.
Dog Attacks
Although dogs are our loyal companions, they can bite or attack just like any other animal. Children account for almost half of all dog attack victims annually, with about 2.25 million US children being attacked or bitten by dogs every year. Children aged five to nine are the most likely to suffer injuries or fatalities from dog attacks. This can be attributed to young children’s general defenselessness and their lack of understanding about how to properly engage with dogs.
Understanding these common child accident causes can help you as a parent to educate your children and take active safety measures to protect them. However, these are not the only types of accidents that can injure a child. Furthermore, even taking the proper safety measures doesn’t always prevent accidents—especially when negligent individuals are everywhere. If your child has been wrongfully injured in an accident, contact an Oakland personal injury lawyer by calling our office today at (800) 800-0000.
A qualified adult, otherwise known as a “next friend,” can file a claim on the injured child’s behalf. This person is typically a parent(s) or a legal guardian. However, it is important to know that local laws can impact who a child’s “next friend” is and it may end up being a court-appointed attorney or a Guardian Ad Litem (GAL).
A GAL doesn’t necessarily replace the child’s “next friend”, but rather appears independently to represent the injured child in court. This person answers to the court, rather than the parent(s), or attorney who filed the claim.
Additionally, it’s important that you understand the California statute of limitations, which is the time you have for filing a claim. California’s statute of limitations for filing a child personal injury claim is three years from the date of the accident or two years from the date of their 18th birthday. It is critical to the validity of your child’s claim that you have a trusted personal injury attorney at The Barnes Firm working on the case as soon as possible.
When filing a claim, you must be able to prove negligence on the other party’s behalf. To establish negligence, the injured child’s representative must prove:
Effectively proving this and filing a claim on your child’s behalf requires the knowledge and skillset of a personal injury attorney. Call The Barnes Firm today at (800) 800-0000 and claim your FREE case evaluation. It could be the best call you make.
In California, settlements can take time but they often favor the child if the claimant files the claim on time and proves the four aspects of negligence. Afterwards, your child’s settlement money will likely go into what is called a blocked account. You may not touch a blocked account without court approval.
Blocked accounts are often selected for child settlement storage, as they are the easiest account to establish and manage on the child’s behalf. Essentially, it is a bank account that cannot be touched by the parents or child until the child is 18 years old. However, some parents may be wary of this, as these accounts provide an 18-year-old with an often-large sum of money on their birthday. Thus, they may not have the financial responsibility to adequately manage yet. If you do not want your child’s settlement in a blocked account, you have other options.
Yes, there are a few alternatives to blocked accounts. These include:
In most cases, parents suffer lost wages from missed time at work and incur hefty medical expenses for their child’s medication, procedures, therapy, and more. In these cases, parents can, and should, file claims for their economic losses due to their child’s injury.
At The Barnes Firm, our attorneys understand the pain and suffering that parents endure when their child has been injured in an accident. While you focus on caring for your child, allow us to hold negligent parties accountable and pursue the maximum compensation available. If your child has been wrongfully injured, call our Oakland office today at (800) 800-0000.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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