San Diego’s abundance of family-friendly activities and attractions makes it a wonderful place to raise children. However, accidents can happen anywhere, and children are especially vulnerable to injuries caused by car accidents, defective products, dog bites, hazardous properties, and other forms of negligence.
If your child has been injured due to someone else’s carelessness, you do not have to face this difficult situation alone. A San Diego child injury lawyer could help you understand your legal options and fight for the compensation your child deserves. Contact CaseyGerry today to speak with an experienced and compassionate personal injury attorney who will advocate for your family’s rights.
California is a tort state, meaning injured individuals have the right to seek compensation for the expenses and emotional impacts of an injury that occurred as a result of someone else’s negligence. This can be done by filing a claim against the at-fault party’s insurance company.
The right to recover payment for harm is available for both adults and children who have been injured. However, the age of majority in California and across the U.S. is 18. Before the age of 18, individuals are unable to complete certain parts of the personal injury claims process on their own, including entering a settlement agreement with the at-fault insurance provider or a contingent fee agreement with a personal injury lawyer.
Instead, state law allows children to be represented in the claims process by an adult, generally a parent or guardian. Other differences exist between the child injury claims process and that of adult claims. For example, the time the law provides for a claim to be filed is longer in child injury cases.
In adult cases, most claims must be filed in court within two years of the injury. In contrast, a child injury claim can be filed at any time before the child’s 18th birthday. Additionally, injury settlements reached on behalf of a child must be approved by the court to ensure it serves the child’s best interests. The court also determines how and when the settlement funds will be dispersed to the child or their guardian.
The types of expenses and impacts a child can be compensated for through a child injury claim include the cost of long-term medical care, loss of earning capacity due to permanent injuries, and physical and psychological pain and suffering. An experienced San Diego child injury attorney could provide many services to assist families in the child injury claims process, including providing a free case evaluation so parents understand their legal options and get their questions answered.
A lawyer may also gather information about insurance resources and collect evidence to prove liability and justify a claim’s value. A lawyer could file the legal paperwork and represent the claim to the insurance provider as well as the court.
Seeing your child injured is among a parent’s worst nightmares. Understanding the legal process of obtaining compensation on your child’s behalf is an additional challenge at a time when many parents are focusing all their energy on their child’s immediate physical needs.
The San Diego child injury lawyers at CaseyGerry know how difficult this scenario can be. We are experienced in all types of child injury cases, even the most complex. Our clients are our top priority, and we have garnered a national reputation for the results we achieve on their behalf. Contact us for a free case evaluation today to learn more about your options following your child’s injury.
