Child Injury Lawyer in Los Angeles
Compensation for Child Injuries from a in Los Angeles Child Injury Attorney
Every parent's nightmare is witnessing or hearing that their child has gotten hurt. It's common for children to trip or fall during their earlier developmental stage. But the circumstances differ when accidents occur due to a caretaker's carelessness or negligence. Mistakes happen, but an inattentiveness to surrounding dangers can cause severe harm or even death. When someone fails to protect your child, they should be held legally responsible for their injuries.
Personal Injury Law Firm You Can Depend On
At the Law Offices of Oscar H Gutierrez, APC our child injury lawyers have over 40 years of combined litigation experience providing top-notch legal representation for minors across California. We understand how trying these situations can be for the injured child, as well as the parents. Our legal team can provide kindhearted and proficient legal guidance at each stage of the legal process.
When it comes to taking legal action against the negligent party, helping you pursue and obtain a structured settlement for your child is of great importance to us. Child injury cases are rarely straightforward. Many of them involve:
- Dog bites
- Car accidents
- Defective products
- Slip and falls
- Playground injuries
- Medical malpractice tragedies
- Other negligent or intentional acts
In any of these situations, the plaintiff or claimant must be able to prove that the defendant acted negligently and that the defendant's actions caused harm to the victim—who in this case, is the injured child represented by a guardian.
Child Injury Statistics
Every four seconds a child gets treated for an injury at the hospital, according to the Center for Disease Control (CDC). Over the years thousands of kids between 0 to 19 years old have suffered from unintentional and preventable injuries. While the rate of fatalities has dropped over the last decade, the following statistics are just as alarming:
- In 2005 injuries that resulted in death, hospitalization or an emergency room visit cost around $11.5 billion
- 1 in 5 child deaths occur from accidental drowning, fires, falls, choking, and suffocation
- Traumatic injuries are the leading cause of fatalities in the U.S.
- As many as 9,000 children died from injuries in 2009
Who Is at Fault for My Child's Injury?
Children act impulsively, making them more susceptible to getting hurt. Because the rate of cognitive thinking differs significantly from adults, caretakers have a responsibility to operate with a standard of care. Failing to take safety precautions makes them liable for the damages. At-fault parties we might investigate include:
- School officials and staff
- Babysitters and caretakers
- Playground equipment manufacturers
- Toy manufacturers
Depending on the accident, a personal injury lawyer in LA must prove:
- Your child was injured due to negligence
- The defendant did not exercise a standard level of care
- The accident or injury was foreseeable – and the caretaker failed to take precautions
Outside of daycare, parents rely on school systems to care for their older-aged kids and adolescents. Bullying, school bus collisions, playground injuries, and sports are complex cases that require assistance from a personal injury lawyer in Los Angeles. Before you can bring a lawsuit against the school, a claim must be filed against the district for "alleged negligence."
To do this, you or your child injury lawyer will need to send them a written notice detailing the incident, the injuries it caused, and a monetary amount. California allows you six months from the date of the accident to file. If the claim gets rejected you can proceed with a lawsuit to hold the defendant(s) accountable. If you fail to file a notice of claim, you might lose your chance at compensation.
Related Articles About Child Injuries
Parental Responsibility Laws & Personal Injury
Parents or legal guardians can face civil lawsuits when their child causes property damage, injury, death.
According to California Civil Code 1714.1, "Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages."
At Gutierrez Law, we want the best for your child. We have experience handling cases dealing with damages caused by minors. You can refer to this article for more information on criminal parental liability.
What is Negligent Supervision
Most accidents involving minors are caused by negligence. Negligent supervision is considered as leaving a child unattended and unsupervised resulting in harm. Children younger than ten years old are a danger to themselves and the children around them. To an extent, adolescents share the same level of innocence. When we bring a claim against the defendant, we will primarily investigate two things:
- Inadequate care of the child by their caregiver.
- Lack of caregiver intervention when one child harms another intentionally.
This article also shares insight into how negligent child supervision differs from elderly or employee negligence.
Who is Liable in a School Bus Accident?
Was your child involved in a school bus accident? If so, you might be wondering who is to blame for their injuries. A child injury lawyer in LA can investigate and examine how and why the accident occurred.
School districts and bus companies are responsible for employing safe transportation to school, trips, or sponsored events. When the bus driver endangers students by driving carelessly, distracted, or under the influence it makes them just as liable for the damages.
If your child requires hospitalization after a school bus accident, reach out to our law firm immediately. We will get you the legal justice you deserve.
Common School Injuries
Looking for more information on school injuries? We detail why school grounds are just as susceptible to accidents. As a parent, you should be mindful of the risks associated with:
- School Buses
- Premises Hazards
- School violence and bullying
Frequently Asked Questions About Child Accidents and Injuries
- We want to file a lawsuit on behalf of our child. Will it be traumatizing?
California courts ensure the safety and well-being of minors. Our injury attorneys will act with compassion and handle all legalities delicately. We often minimize any minor's involvement in a case. Instead, we would rely on expert testimonials, medical reports, and other forms of evidence to settle with the defendant.
- Why should I hire a child injury lawyer before filing a lawsuit?
It will be challenging to prove how and why your child got hurt without proper legal representation. At Gutierrez Law we understand the ins and outs of personal injury cases. We will only settle in court if it's necessary to limit the length of the trial for minors. With the help of our legal team you can expect to see a better settlement compared to acting alone.
- What kind of damages can a personal injury lawyer recover for child injuries?
- Past and future medical expenses include specialists, rehabilitative therapy, medication costs, or devices for birth injury.
- Special education coverage – children with a cognitive condition due to birth injury might need speech, behavior, and development therapies.
- Parents may be able to recover lost wages to care for their child(ren).
- A child injury attorney can incorporate legal fees in the settlement to offset most of the costs if we win your lawsuit.
- Other damages include pain and suffering, PTSD, loss of quality or enjoyment of life.
- Is there a statute of limitations for child injury cases in LA?
Yes. The statute of limitations of child injury cases varies. It usually is two years from the date of the injury. Depending on the case, minors have until they turn 18 to file a claim against the defendant.
- What should I do if my child is suffering from a severe personal injury?
Call 911 and seek emergency treatment immediately. While you care for your child, you should call an attorney to begin helping you manage the legalities of your case.
The Law Offices of Oscar H Gutierrez, APC Offers Comfort and Competence
The last thing you need to worry about while caring for an injured child or coping with the loss of a loved one is navigating the legal process alone. At our law firm you can rely on our caring, compassionate, and experienced lawyers to help bring justice or closure to your family.
We will spare no expense or resource at our disposal to expose the negligent or reckless nature of the defendant and bring them to justice. We offer free consultations, so there is no risk in discussing your child's case. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.