Children in California are more prone to injuries because of the activities in which they partake. That is why we must provide safe areas where kids can be kids. In the past, toys and playgrounds used to be more dangerous but because of the potential for lawsuits and financial loss, the world has become safer for kids.
Statistics from the US Centers for Disease Control and Prevention (CDC) reveal that child personal injuries are quite common, as more than 5.6 million children aged 17 and under are treated in US emergency rooms every year. As a parent, you may be devastated over your child’s painful experience. However, it may not be long before you sustain additional losses that you did not expect.
Fortunately, California personal injury laws protect your family if your child was hurt in an accident. Parents can take legal action to seek financial recovery, and they can even settle the matter through a compromise of a minor’s claim.
You can trust the El Dabe Ritter Trial Lawyers to handle the process, so please contact our firm to schedule a free consultation with a Huntington Beach Personal Injury Lawyer. Some general information may also be helpful.
Common Accidents That Cause Injuries to Children
Younger people are at risk of harm in many of the same situations as adults, and these incidents are usually the result of someone else’s negligent acts.
To recover an injury settlement in such a case, you need evidence showing that the accident occurred because the at-fault party failed to exercise reasonable care. Examples of incidents caused by negligence include:
- Motor vehicle crashes where a driver was speeding, ran a red light, drunk driving, or texting while driving;
- Bicycle and pedestrian accidents that occur because a motorist failed to yield right of way;
- Trips, slip and falls because of dangerous conditions on property; and,
- Dog bites and animal attacks.
Legal Process for Settling a Child Personal Injury Claim
Though your child has the right to recover an injury settlement, the difference is that people under the age of 18 do not have the legal capacity to enter contracts for themselves. In other words, a minor could not execute a settlement agreement in a personal injury case even if all parties agree.
Instead, an adult must execute the settlement agreement through a process called compromise of a minor’s claim. A parent has the authority to sign such a contract on the child’s behalf but the court must approve it. The child’s settlement is then set aside in a special annuity or blocked account until the child becomes an adult. This ensures that the parents do not improperly use the child’s settlement.
El Dabe Ritter Trial Lawyers advises families on the key personal injury concepts, as well as the unique situation where a child was hurt because of negligence. Our Orange County child personal injury lawyers strive to ensure you receive full financial recovery for your losses, including:
- The costs of medical treatment;
- The lost wages of parents who are forced to miss work to care for an injured child;
- Pain and suffering; and,
- Emotional anguish.
Set Up a Consultation with Our Huntington Beach Personal Injury Lawyers
If your child was hurt in an accident, please contact an experienced Huntington Beach Personal Injury Lawyer with El Dabe Ritter Trial Lawyers to discuss additional details about compromising a minor’s claim. You can reach our offices to set up a no-cost case review by calling 888-333-8882 or visiting our website.