Children are naturally curious and often unaware of their surroundings which sometimes leads to accidents and injuries. A child may be injured in a vehicle accident, at a playground, at the beach in Oceanside, California, or playing in the safety of their own back yard. When a child is injured, what is the best course of action for the parents? Obviously, the first concern is to assess the injury and seek medical attention if necessary.
Seeking Legal Help Once The Injury Is Treated
Once the child is treated by a health care professional, the parents may come to realize that perhaps negligence was involved or there was a safety issue with a piece of equipment or a toy. Their next thought may be to seek legal help from a child injury lawyer who can identify the legal issues and plan a course of action to obtain relief for the child's injuries.
Understanding The Differences Of A Child Personal Injury Matter
While the legal process for an injury to a child is similar to that of an adult personal injury case, there are some differences that a parent or guardian should be aware of such as the requirement for the appointment of a guardian ad litem who represents the interests of the child throughout the legal process. A trusted and top-rated child injury lawyer may consult with the parents to identify possible candidates. In many cases, the court selects one of the parents to be guardian ad litem.
Another issue that parents need to be aware of is the statute of limitations for filing a child personal injury claim. The statute of limitations in California for a personal injury case establishes the amount of time a person has to initiate a personal injury lawsuit. When the injured party is a minor, the statute of limitations may be paused until the child is 18. An experienced personal injury lawyer can explain how the law applies to their specific case and file a claim in a timely manner.
Handling A Child Injured At School Event
When a child is injured at school, it is natural that the parents want to identify who is legally at fault for the incident. One of the issues is determining whether the injury was the result of negligence or an intentional act. It is important to establish a record of the event with the school administration so an investigation into the matter can be conducted.
A children's rights injury lawyer can advise their client about the appropriate procedures to follow to inform the school about their child's injury to ensure the incident is documented. If necessary, the lawyer may file a claim on behalf of the child against the institution in the proper court and follow it through the legal process.
Learning About Parental Liability For The Actions Of Children
Parents or guardians in California could be deemed legally liable for the actions of their child. They may be charged with delinquency of a minor if they were negligent in providing supervision, appropriate care, and control of their underage children. They might be required to pay fines, penalties, and/or restitution to the victim of a crime committed by their child. In addition, the parents or guardian could be found liable for civil damages for the willful act of the minor. If there is an incident involving a firearm that is discharged by a child that causes injuries to someone else, the parents or guardian face civil liability.
Making The Best Decisions For The Injured Child
There are many issues to address when a child is injured that begins with medical treatment to identify and treat the injuries. The parents or guardian need to make decisions regarding treatments, determine fault, and take action to obtain relief for the child. Seeking the advice of a personal injury lawyer with experience handling child injury claims is a good place to start.