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Contact Us NowWatching your child suffer an injury is a heartbreaking and traumatic experience, especially when that injury will have a long-lasting impact on their life. If another party’s negligence or wrongful act resulted in your child’s injury, you may be able to pursue financial compensation through a personal injury claim.
The Fallbrook child injury lawyers at Lathrop Law Firm help clients hold liable parties accountable for their actions. Our compassionate personal injury lawyers use their experience and understanding of state law to guide clients through each step of the legal process.
The party liable for a child’s injury could be an individual, business, government agency, or employer, depending on the circumstances. California Civil Code § 1714 makes every party responsible for their negligence or wrongful acts when they cause injury to another individual. Common causes of child injuries include:
A child’s injury may also be the result of another minor’s wrongful acts. In such cases, the at-fault minor’s parents can be found liable for the damage their child caused under Civil Code § 1714.1. However, California limits the amount of damages you can recover against the parent of a negligent child to $25,000, adjusted for inflation.
During an initial consultation, a child injury lawyer in Fallbrook could review the facts of your case to determine the parties with potential fault. In some cases, multiple parties can be liable for a child’s injury. For example, a negligent driver and their employer could be liable for a car accident involving a commercial vehicle. California law apportions liability among each party based on the percentage of fault a jury assigns them for the child’s injury.
Recovering compensation against a party liable for causing injury to your child often requires filing a civil lawsuit in court. The claim will state the parties in the case, provide a brief explanation of their liability, and list the damages from the injury. A Fallbrook child injury attorney could help you and your child navigate pre-trial phases and any necessary court filings, appearances, or other communications with the court or opposing party.
A common precursor to trial is a mediation and settlement meeting in which the parties involved attempt to resolve the case. However, the case will continue to trial if the parties cannot agree on a compensation amount or other settlement terms.
The compensation recovered in a child injury case will depend on the severity of the damages incurred. Examples of damages include costs for medical care, the child’s pain and suffering, and other losses they endure as a result of their injuries. If an injury causes permanent disability, damages may also be recoverable for lost future earning capacity and the need for ongoing medical care.
Under Civil Procedure Code § 335.1, there is a two-year statute of limitations for filing a personal injury lawsuit in California. Filing after this deadline will lead to a dismissal of your case and can prevent the recovery of compensation. Meeting with a Fallbrook child injury lawyer is the first step toward identifying possible claims and pursuing justice for your child’s injury. Contact Lathrop Law Firm today to schedule a free case evaluation.