For parents, very few things are more stressful than a child being injured in an accident. You need to ensure that your child gets the proper medical care and that your family gets the compensation needed to help you navigate these challenging times. There are special rules and regulations in place for child injury claims. Here, our Sacramento personal injury lawyers provide an overview of the key things that parents and guardians should know about child injury claims in California.
You Have the Right to Bring a Personal Injury Claim on Behalf of Your Child
As a parent or legal guardian of a child, you have the right to bring a personal injury claim on behalf of your child if they have been injured as a result of someone else’s negligence. A child may be hurt in a car crash, slip and fall accident, or because of a dangerous product. It is important to note that your child will not be able to bring a claim themselves until they reach the age of majority, so it is up to you to take action on their behalf.
Defendants May Have a Heightened Duty to Protect Your Children
In cases involving children, defendants may have a heightened duty to protect them from harm. This is because children are not able to fully understand or protect themselves from potential dangers, and therefore, businesses, property owners, and other responsible parties may be required to take additional precautions to keep them safe. As an example, a property owner may be held liable for a young child’s injury if they failed to properly secure a swimming pool or repair a broken fence.
The Statute of Limitations is More Relaxed for Child Injury Claims
Any personal injury claim must be initiated before the statute of limitations expires. The statute of limitations for child injury claims is typically more relaxed than for adult personal injury claims. Under state law (California Code of Civil Procedure § 335.1), the statute of limitations for a child injury case may be extended beyond what it would be in another type of claim. Still, it is best to take swift legal action after a serious accident. Consult with a Sacramento child injury case right away.
Any Settlement Requires Approval from a Judge in California
In Sacramento, any settlement reached in a personal injury case involving a minor must be approved by a judge. The reason for the regulation is to ensure that the settlement is in the best interest of the child and that the funds will be used for the child’s benefit. The judge will review the settlement agreement and make a determination as to its fairness and reasonableness. It is important to have an experienced Sacramento personal injury attorney to guide you through this process and ensure that the settlement is fair for your child and your family.
Contact Our Sacramento Personal Injury Attorney Today
At Redkey Gordon Law Corp, our Sacramento personal injury lawyers are local advocates who get big time results for our clients. If your child suffered a serious injury in an accident, we are here to help your family get justice. Contact us today to arrange your no cost, no commitment case review. From our Sacramento law office, we serve communities throughout the wider surrounding area.