Orange County Child Injury Attorneys
No one wants to see their child be hurt in any way. In addition to the emotional toll, a child injury can lead to costly medical bills and other financial burdens for the family. But if your child was injured outside of your care, you may be able to hold someone legally responsible for the incident.
Our team of Orange County child injury attorneys at Allen Flatt Ballidis & Leslie will negotiate on your behalf to get the compensation your child deserves. Call our office today at (949) 752-7474 for a free consultation.
Without proper supervision, children can get into mischief. They’re too young to understand certain dangers, and that actions have consequences. It is important for people to maintain safe environments whenever children are present. We have seen many child injury claims arise from:
- School bus accidents. Many children ride the school bus to and from school every day. If the bus driver is distracted or tired, she can crash. If another driver is impatient, he can cause the bus to crash. Either way, the children are innocent victims in the event of a vehicle accident.
- Playground accidents. Playgrounds must have safe, well-maintained equipment and proper supervision. If a schoolteacher or babysitter or daycare worker fails to pay attention, a child can quickly be injured.
- Swimming pool accidents. Pool safety is very important for children. With hazardous conditions and poor supervision, children can slip and fall, breaking bones or cutting themselves. Near-drowning and even wrongful death are a possibility.
- Car accidents. While at daycare or after school, unsupervised children may run out into the street while playing sports, which can lead to serious injuries.
- Choking accidents. Children are particularly susceptible to choking because of dangerous toys with small parts, and other types of defective products. Products are constantly being recalled in the United States because of choking hazards.
- Dog bites and other types of animal attacks. Children must be supervised around dogs and other types of animals, since they are particularly vulnerable to bites and other possible dangers, like being knocked down.
The bottom line is: if another person had the responsibility to watch your child, was negligent, and injured your child through their negligence, you have a case.
Since anyone under 18 is not yet old enough to file a claim, any legal action must be taken by the parent or guardian of the injured child. To ensure that parents are not taking advantage of these situations for financial gain, California states that a guardian ad litem must be appointed to protect the interests of the child. The guardian ad litem may be either parent, or the child’s legal guardian. A claim must be filed in whichever county the child is a resident.
Filing a claim on behalf of your child is more complicated than filing a claim for yourself. Before you can settle with the opposing party, a judge may need to review and approve the offer, and you must file a petition in court. The petition and claim must be filed in the same court. The petition must include the following information:
- The name, date of birth, age, and gender of the child.
- The relationship of the petitioner to the child (i.e., a parent or guardian).
- Detailed information regarding the attorney fees, medical expenses, and court payments.
- A description of the claim.
- A detailed description of the incident in question and the resulting injuries.
- A clear statement indicating the total amount of the agreement.
Whatever money is received from a settlement is split in two parts, between the parents or legal guardians and the child. The first part, which the parents receive, is used to cover the child’s medical costs. The other part, which includes pain and suffering, lost earning capacity, and other damages personal to the child, is received by the child when he or she turns 18. If the child will be unable to work due to a disability, a special needs trust will be made to protect their assets.
In addition to being a harrowing experience for the child and parents, a child injury can be a costly and legally complicated matter. A top team of Orange County personal injury attorneys can walk you through the necessary steps to file a personal injury claim for your child.
Child injuries have repercussions that last for years. Allen Flatt Ballidis & Leslie will negotiate on your behalf to get your child the compensation he or she deserves. Contact our office today at (949) 752-7474 for a free consultation.
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