As a parent, finding out that a child has been hurt in an accident is terrible. It is stressful. Your child needs immediate medical care and your family needs access to all available financial resources. Parents can bring a civil personal injury claim on behalf of their kids. In this article, our Manteca personal injury lawyer provides a comprehensive guide to child injury claims in California.
Children are Vulnerable: Injuries Can Occur in Many Different Circumstances
Minors—from toddlers to teenagers—are inherently vulnerable. They can suffer serious injuries in a wide range of different circumstances. It is crucial that the entire community looks out for the welfare of children. Some of the most common causes of child injuries in Manteca include:
- Car Crashes: Car crashes are a leading cause of injury among children. They can result from high speeds, distracted driving, or even the failure to use child safety seats correctly.
- Pedestrian Collisions: A pedestrian collision can result in terrible injuries. Notably, children are overrepresented among pedestrian crash victims in Stockton.
- Bicycle Collisions: Bicycle collisions can lead to serious injuries in children. It is imperative that all children wear a properly-fitted helmet when on a bike in California.
- Swimming Pool Accidents: Swimming pool accidents are common among children. Pools are an inherent safety hazard. Drowning is a serious concern.
- Dog Bites: Dogs can pose a serious danger to young children. They are the disproportionate victims of attacks. Teaching children how to safely interact with dogs is valuable.
- School Injuries: School injuries can happen during sports, playground activities, or even in the classroom. In many cases, they are caused, at least in part, by inadequate supervision.
Parents in Manteca Have a Right to Bring a Claim On Behalf of an Injured Child
Was your child hurt in an accident in Manteca? If his or her injuries happened because of the negligence of another party, you have the right to bring a personal injury claim on their behalf. Here is the key point that parents should know:
- A minor generally cannot act on his or her own behalf in court in California.
As such, their parents or their guardians are responsible for ensuring that their rights and their interests are protected. The legal framework is designed to protect the interests of minors who may not be capable of advocating for themselves.
Defendants May Owe a Heightened Duty of Care to Children
To hold another party legally responsible for your child’s injuries, you must prove that their negligence—failure to take due care—contributed to the accident. That is true for both child injury claims and standard (adult) personal injury claims. However, it is important to emphasize that there is a big difference between these types of cases.
Depending on the circumstances, defendants may owe a heightened duty of care to children. It is especially true for entities like schools to which young kids have been entrusted. The enhanced responsibility arises in certain circumstances due to the fact that children may not fully understand the risks involved in certain conduct.
Know the Statute of Limitations for Child Injured Claims in California
Injured victims have a limited period of time to file a personal injury lawsuit. As a general matter, the personal injury statute of limitations is two years from the date of the accident (California Code of Civil Procedure § 335.1). However, the statute of limitations does not “run” on minors in the same way. In California, the statute of limitations for a personal injury claim involving a minor is extended to account for the age of the child. Normally, personal injury claims must be filed within two years from the date of the injury. However, for minors, this period does not begin until the child reaches the age of 18. As such, a minor has until their 20th birthday to file a personal injury lawsuit. Still, there is absolutely no reason to wait. Evidence can get lost quickly. Consult with a top-tier Manteca, CA personal injury lawyer as soon as possible after a child’s accident.
California Law: A Settlement for an Injured Child Requires Court Approval
Most personal injury claims that result in compensation being paid are resolved through a settlement instead of through a verdict. If you are an adult who is injured in an accident in Manteca, you have the right to settle your own claim as you see fit. However, there are some specialized state regulations for child injury claims. Under California law, any settlement reached in a personal injury case involving a minor must receive court approval to ensure the agreement serves the child’s best interests. The legal requirement is designed to protect minors from potentially unfavorable settlements negotiated on their behalf. During a court hearing, a judge will review the settlement details, to determine just and appropriate given the circumstances of the case. The court may also have some oversight over who a child’s personal injury funds are to be managed.
Why Trust Our Manteca Lawyers for Help With a Child Injury Claim
Child injury claims can be especially stressful. They are emotionally and legally complicated. Sadly, even when an accident involves a kid, insurance companies are still extremely aggressive. They put their own best interests first. At Redkey Gordon Law Corp, we have the professional expertise needed to take on all types of child injury cases—from car crashes to school injuries. With over $25 million recovered for victims and their families, our case results show what we can deliver for families in Manteca. An initial consultation is always free and there are never any obligations.
Contact Our Manteca, CA Personal Injury Attorney Today
At Redkey Gordon Law Corp, our Stockton personal injury lawyers are standing by, ready to help you and your family get justice. If you have any questions about a child injury case, our legal team is here to help. Call us now or connect with us online for your free case review. We handle child injury claims in Manteca, San Joaquin County, and communities beyond, including in Sacramento, Lodi, Manteca, Galt, Elk Grove, French Camp, Modesto, Ripon, Lathrop, and Sutter Creek.