Carlsbad Attorneys Answer Child Accident FAQs
Frequently Asked Questions
The insurance adjustor is demanding that my child and I provide them recorded statements and sign some papers. They are threatening to refuse us coverage if we do not comply. Is this right?
As a parent, guardian, or concerned loved one, you care deeply about your child's physical and emotional health and would do anything to protect them from harm. Unfortunately, s/he has been injured due to the negligence of another party, and now you're trying to help your child make a full recovery, but you don't know how to go about it. Please get in touch with the dedicated Carlsbad child accident attorneys at the Jurewitz Law Group for help. We will fight aggressively in and out of court for your child's future.
A: The most important thing for you to do is to make sure your child gets the medical care s/he needs. Follow the physician's orders - no exceptions - and attend all necessary procedures and appointments. If you miss appointments, not only will you put your child's health in jeopardy, but the opposing lawyer will use that fact against you to weaken your claim.
A: Children being children, they are bound to get injured just by playing around. However, if another party exhibited such careless behavior that they directly caused your child's injury, then you may have a viable claim against them.
In summary, there are three major elements which have to be satisfied in order to make a legitimate child injury claim:
- Negligence basically means carelessness. It means that another party failed to exercise their duty of care, or acted in a reckless manner, which contributed to the injury incident.
- Cause means there has to be a significant enough connection between the actions of the liable party and the child's injury.
- Damages refers to the amount of monetary compensation that can be recovered by the claimant - medical expenses, lost wages, pain and suffering, etc.
A: While the state of California applies the legal theory of partial fault to injury cases, exceptions are made for children. First, children under the age of five cannot be held liable, even partially, for their injuries. Second, liability for children between the ages of 5 and 18 is measured on a "sliding scale" based on their age, education, development, and intelligence, unless an adult activity, such as driving, is involved, in which case the child may be treated just like an adult.
Q: The insurance adjustor is demanding that my child and I provide them recorded statements and sign some papers. They are threatening to refuse us coverage if we do not comply. Is this right?
A: Do not fall for the insurance company's devious tricks. You are not obligated to speak with the insurance adjustor nor are you required to sign any paperwork. The insurance company is just trying to get you to say something to jeopardize your claim or sign an agreement that is unfair to you, but profitable for them. Don't get ripped off - have an attorney deal with the insurance company in your stead.
Q: Is it true that my child can wait until s/he is 20 years old to file a lawsuit for his/her injury?
A: Yes, the statute of limitations, or deadline, to file an adult's personal injury suit is two years, which means your child may be able to wait until they turn 20 to file their suit. However, not all cases fall under this category, so don't rely on it. Instead, it's better for you to contact a Carlsbad injury attorney as soon as you can so you can avoid missing the deadline and losing the ability to pursue damages.
Let the Carlsbad personal injury lawyer at the Jurewitz Law Group fight to get you the money you need to give your child the best care possible. To learn more about your rights and legal options, call (760) 585-4640. We offer free, comprehensive consultations.
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Call the Jurewitz Law Group at (760) 585-4640 and begin your path to recovery with a no-cost consultation today.