Seeing a child get hurt in an accident is one of the most distressing experiences a parent or family member can go through. If the accident was caused by carelessness or recklessness by another person, that makes matters worse. Children are not allowed to bring personal injury claims on their own behalf. You might ask, then: can I bring a personal injury claim on behalf of my child in California?
California law allows parents and legal guardians of children to file personal injury lawsuits on behalf of a child. Since children cannot take legal action on their own, a parent or guardian must step up to file a child injury claim and make sure their child receives the financial compensation they are legally entitled to. A Chula Vista personal injury attorney can help your family figure out your next steps after a serious accident involving a child.
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Common Causes of Accidents Involving Children
Unfortunately, children are often involved in accidents that can lead to serious injuries. In some cases, another person’s negligence can be the cause of the child’s injuries. When this happens, a personal injury claim is the route taken to ensure financial compensation for the child.
Common accidents causing child injuries might include:
- Car accidents
- Swimming pool accidents
- Playground incidents
- Dog bites
- Slip and fall accidents
- School and daycare accidents
Children are highly susceptible to head injuries, broken bones, spinal cord injuries, and catastrophic injuries. When a child is seriously injured, the injuries can have long-term consequences. Injuries in an accident can also lead to high medical expenses and bills for the child’s family. The family and child should not have to bear the financial burden of an accident caused by others.
Understanding Your Child’s Legal Options After an Accident
If your child was injured due to an act of negligence, your family can pursue financial recovery through a personal injury claim. Minor children under age 18 cannot file their own personal injury claims in California. Minors, in general, do not have legal standing to file a lawsuit in court. Instead, a parent or guardian can file the claim on behalf of a child.
California law prioritizes the best interests of children when personal injury claims are involved. A personal injury claim is usually the only chance a child has to receive the financial help they deserve after an unexpected accident. Courts have strict procedures for how child injury claims are handled and settled. Settlement terms must be reviewed by the court to make sure they protect the child’s best interests. An experienced Chula Vista child injury lawyer can make sure your family maximizes this opportunity to advance your child’s best interests.
Proving Liability In a Personal Injury Claim
Proving negligence in a California personal injury claim requires the parent or guardian of a child to show four legal elements:
- Duty of care: People have a duty of care to act reasonably and avoid the potential for harm to children.
- Breach of duty: If a person fails to act with the reasonable care and caution expected of them, they could have breached their duty of care to the child involved in an accident.
- Causation: There must be a causal connection between the at-fault individual’s actions and the accident. Causation is often a heavily contested element in a negligence claim.
- Damages: Actual damages such as physical injuries, medical bills, out of pocket expenses, and other losses must be shown in order to collect compensation.
An experienced Chula Vista personal injury lawyer will use evidence in your family’s case to prove the elements of negligence on your child’s behalf.
Damages in a California Child Injury Claim
In a personal injury case filed on behalf of an injured child, the family can claim different types of damages:
- Medical costs: Expenses related to treatment for a child’s injuries can be included as economic damages.
- Rehabilitation costs: Any expenses connected to rehabilitation or physical therapy for your child can be damages in your child’s claim.
- Lost future earnings: If the injuries to your child are serious enough that they can limit their career opportunities in the future, your family can seek compensation for lost future earnings or reductions in the child’s earning capacity when they reach adulthood.
- Transportation costs: Your out-of-pocket travel expenses when a child needs medical attention elsewhere are often included as damages in your personal injury claim.
- Pain and suffering: The emotional trauma and distress experienced by your child after an accident cannot be reversed, but they can be addressed through a financial settlement.
No matter what kind of injuries your child suffered, an experienced lawyer can help.
Consult a Chula Vista Personal Injury Lawyer About Your Child’s Legal Rights in a Personal Injury Claim
It is hard to know what to do next after your child has been hurt in a devastating accident. Parents and guardians of injured children can seek justice through a personal injury claim on behalf of the child, however. The experienced and compassionate legal team at Mission Personal Injury Lawyers in Chula Vista, CA, knows what to do after an accident and how to seek financial recovery for your child. call (619) 722-3032 or contact our law office to schedule your no-risk, free consultation today.
