Law Firm Helping Children Who Have Been Injured
Carlsbad is home to about 30,000 families, and a child hurt in an accident immediately becomes a tremendous cause for parental concern. Parents of injured children can frequently be overwhelmed with their emotional involvement in a child’s well-being while wondering what they can do to hold a negligent party legally accountable.
There is hardly anything as reprehensible as a party or parties causing harm to your child out of simple carelessness or willful wrongdoing. It remains important for all parents to understand their legal rights in these types of situations.
If your child has suffered severe injuries in the Carlsbad area, consider retaining legal counsel right away. Make sure to talk to a well-informed lawyer before you make any agreements with an insurance company.
Jurewitz Law Group Injury & Accident Lawyers understands the stress that comes with child injuries, and we take as much off your plate as we can so you can focus on your child’s needs. Through aggressive representation and compassionate guidance‚ our attorneys ensure that our clients achieve the best possible outcome for their child injury case. Call (619) 233-5020 or contact us online to schedule a free consultation.
Do I Need A Child Injury Lawyer?
Children can generally seek the same kinds of money damages in a personal injury case that adults can. Due to the age involved, parents are empowered to initiate legal claims on behalf of their children. You should sit down with a Carlsbad child injury attorney to fully understand your options and make the decision that will be best for you and the family.
In the early stages, you could very well hear from an insurance company for the negligent party involved in the child’s accident. An insurer, such as the homeowner’s carrier, may deny liability altogether or seek to minimize liability. For this reason, you should avoid agreeing to a quick settlement before you have obtained legal advice.
Child injuries are often complicated. For this reason, an attorney will conduct their own independent and thorough investigation to get answers to any unresolved questions and identify the potential negligent parties The lawyer will then be poised to negotiate a just settlement or file a lawsuit when it is needed to get the appropriate amount of compensation from those who are responsible for what happened to your child.
Why Choose Jurewitz Law Group Injury & Accident Lawyers To Handle My Child Injury Case?
The knowledgeable Carlsbad lawyers at Jurewitz Law Group Injury & Accident Lawyers are passionate about protecting those who have been injured through no fault of their own‚ especially children. Jurewitz Law Group Injury & Accident Lawyers has two office locations in Downtown San Diego and Carlsbad.
Firm co-founder and managing partner Ross Jurewitz has almost two decades of legal experience. He was named a Super Lawyer by Southern California Super Lawyers in 2016, 2017, and 2018. The San Diego Business Journal named him Best of the Bar in 2015.
Jurewitz Law Group Injury & Accident Lawyers also handles personal injury cases on a contingency basis. Simply put, you will not have to pay us anything unless we win your case.
Types of Child Injury Cases We Handle
There is no one type of accident that is strictly limited to children. Kids can be hurt in many of the same activities that cause major injuries to adults. In general, the most common causes of child injuries include:
- Defective products — A product that is improperly manufactured, defectively designed, or fails to contain a suitable warning can be extremely dangerous to a child. Product liability actions allow families to recover damages from manufacturers or sellers because of dangerous or defective products.
- Motor vehicle accidents — Even when children are properly restrained in car seats, they are still susceptible to injuries in motor vehicle accidents. In some cases, it may be only the children who suffer injuries. In addition to the effects of a car rash, accidents can also involve possibly defective child car seats.
- Slip and fall accidents — Children are just as likely as adults to suffer injuries in falls caused by hazards in public places. Property owners in these cases are often responsible because they have a duty to make sure their premises are free from such dangers or must warn visitors, customers, and others of dangerous conditions.
- Recreational accidents — Kids love to play, and many accidents involve children during everyday recreational activities such as riding on their bikes and at, for example, summer camp, public parks or, swimming pools. Trampoline parks and arcades are other common accident-related destinations.
- Dog bites — Most children love dogs and often own them as pets. Dogs can be unpredictable, however, and dog bites can happen even when children seemingly maintain friendly relationships with the canines. Dog bite claims are usually filed against a dog owner’s homeowners insurance company, if any. California is a strict liability state that does not give dog owners the “one free bite” afforded by other states.
- Playground accidents — Most playgrounds are considered public property that a governmental agency is usually responsible for inspecting and maintaining. Some playground accidents stem from defective equipment, which can pose a complicated products liability claim against the manufacturer. In other cases, playgrounds may be older and falling apart, leading to liability for failure to maintain them in safe condition.
- School accidents — Most parents believe schools are the safest places for their children. A wide assortment of accidents occur on school property, however, and for which the schools or school districts could possibly be liable, including school bus accidents.
- Other children – Depending upon the age group involved and the specific facts or circumstances, another child (and the parents or legal guardian) can be held liable for negligence or an intentional act committed against your son or daughter.
Child injuries can stem from many other unique incidents that might not fit into the above categories. Any parent of an injured child should to seek legal representation for guidance as to what legal recourse may be available.
Frequently Asked Questions (FAQs) About Child Injuries
Here are some frequently asked questions in connection with child injuries. To discuss the specific details of your Carlsbad child injury claim, call us today at (619) 233-5020 or reach out to us online. Also, check out our client testimonials page.
What kinds of damages can be recovered in a child injury case?
With a child injury case, a greater amount of damages might be available because of a lifetime of injury-related childcare that could be required. At some point in the process, the insurance company for the negligent party, if there is one, may try to settle the case outside of court. Insurers are reluctant to fund costly trials, so it is often just a matter of time before they finally accept a victim’s settlement demands.
When the demands are not satisfied, a lawsuit could indeed land the parties in court, and the injured child could receive an award for both economic and noneconomic damages, including:
- Lost future income when appropriate
- Past and future medical expenses, including physical therapy
- Psychiatric counseling
- Assistive devices
- Loss of enjoyment of life
- Pain and suffering
California does allow the award of punitive damages in rare cases. Punitive damages must involve at-fault parties who acted with malice, oppression, or fraud.
What is an attractive nuisance?
For many years, California recognized the attractive nuisance doctrine in premises liability law. Under this doctrine, a property owner could be held liable for injuries to trespassing children when the injuries are the result of a scenario that likely to attract children, such as a swimming pool or trampoline on the premises.
State courts eventually did away with the attractive nuisance doctrine. The bottom line is that a victim’s status is no longer relevant under California law. A property owner can still be held liable for failure to take reasonable care to warn anyone, including trespassers, about unsafe conditions, or for a failure to keep their property in a reasonably safe condition.
How is the statute of limitations affected if I have a claim against public entities?
Legal claims against public agencies in California are subject to the California Tort Claims Act. Claims involving personal injury or wrongful death must be presented within six months of the date of the incident. A public agency is usually allowed 45 days after the presentment of a claim or amended claim to respond. Local governments in San Diego County may have enacted separate deadlines, so make sure to promptly discuss any potential claim with a knowledgeable Carlsbad child injury lawyer for compliance with any applicable legal deadlines.
Contact a Child Injury Attorney in Carlsbad
Did your child sustain serious injuries, including a tragic wrongful death, in an incident caused by another party’s negligence or misconduct in Carlsbad or elsewhere in San Diego County or Southern California. Let the compassionate Carlsbad personal injury attorneys at Jurewitz Law Group Injury & Accident Lawyers provide the legal guidance‚ support‚ and dedicated attention that you and your child deserve to overcome the many challenges that may still lie ahead. Call (619) 233-5020 or contact us online to schedule a free consultation today.
At Jurewitz Law Group Injury & Accident Lawyers‚ we will help recover maximum compensation for your child so he or she can receive the necessary treatment and care to recover. We know how child injury cases differ from adult personal injury cases‚ as we have years of experience representing injured adults‚ as well as children and their families.
Don’t hesitate to contact us with questions about your case.