Child Injury Attorney in Los Angeles

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Child Injury Attorney in Los Angeles2021-05-11T05:10:18+00:00

Child Injury Attorney in Los Angeles

Was Your Child Injured at School? Contact a Lawyer For Child Injuries at School

Child Injury Attorney in Los Angeles

Children’s injuries are sometimes unavoidable. Because of their continual development, children are susceptible to a wide range of dangers and risks. The scope and nature of children’s injuries can be particularly damaging to a child’s future. While state and federal laws often include safety guidelines for children’s products and activities, such laws are frequently ignored or simply not enforced. Too often, children are harmed, injured or even killed by the carelessness or negligence of others.

The most common injuries children suffer vary by age almost month by month, with the most dangerous time coming at 15 to 17 months, according to a U.S. study done by the University of California. The following are some United States child injury statistics:

  • 47% of the deaths in children from birth through four years old are caused by house fires.
  • Trauma is the leading cause of death in children over the age of one.
  • Over 6,600 children die from injuries annually.
  • More than 14 million children are hurt each year from injuries.

Children are injured in many different situations, including:

  • Animal attacks and dog bites
  • Playground injuries
  • Burn injuries
  • Dangerous toy accidents
  • Slip and fall accidents
  • Food poisoning
  • Auto accidents
  • Choking
  • Sports injuries
  • Swimming pool accidents
  • Defective products
  • Prescription drug adverse reactions

COMMON CAUSES OF CHILD INJURIES AT SCHOOL

Parents hope and entrust schools to keep their children safe. However, accidents do happen and it is the school’s responsibility to ensure their safety. When an accident occurs at school, injuries can be tragic and sometimes even fatal. If your child was injured at school, it can potentially leave a life-long impact on them, as well as your family. As a parent, you have the ability to pursue justice and compensation for your child’s injuries. The damages recovered can help compensate for medical expenses, pain and suffering, and much more. Here are some of the common causes of child injuries at school:

  • Bullying and assaults
  • Slip and fall accidents
  • School bus accidents
  • Playground accidents
  • Food poisoning
  • Sports accidents

Because child injury cases are often very complex, it is important that you seek help from a team of child injury lawyers in Los Angeles who can help you prove liability and get you the compensation you need to get through this difficult time. We can help recover the following damages:

  • Past and future medical bills
  • Pain and suffering
  • Mental anguish
  • Lost wages (for parents or guardian)
  • Disfigurement
  • Funeral costs (in wrongful death cases)

The majority of serious unintentional child injuries could have been avoided if proper precautions were taken. At Grey Law, our lawyers represent clients whose children have been seriously injured. We carefully investigate an accident scene and defective products and offer a comprehensive evaluation of circumstances surrounding an injury in order to identify responsible parties.

WHO IS LIABLE IF MY CHILD WAS INJURED AT SCHOOL?

When it comes to determining liability when your child was injured at school, it ultimately depends on how and where the injury took place. While these cases are very complex, it’s important that you have an attorney on your side if your child was a victim. If your child’s school is public, then it is considered to be a government entity under the state law. When the school is public, there are very strict protocols that you must follow if you plan to file a claim or lawsuit for the incident. Therefore, it can bring a lot of confusion when determining liability, which is why it’s best to consult with an attorney.

LIABILITY FOR CHILD PLAYGROUND INQUIRIES AND ACCIDENTS

Property owners and schools are legally obligated to protect children from dangerous conditions. Liability for playgrounds are slightly different as it can involve school officials and non-school officials. Your lawyer must prove:

  • That the accused person was in charge of the property at the time of the accident
  • That the injured child was the type of person expected to be in the premise by the property owner
  • That the accused person did not exercise the proper amount of expected care
  • That the injury of the child was foreseeable
  • That the carelessness of the accused was the primary cause of the child’s injury

If your child was seriously injured on the playground, you should consider legal representation for your case. This article further explains how to navigate through a playground injury.

CAN A SCHOOL DISTRICT BE SUED FOR INJURIES TO STUDENTS?

Yes, a school district can be sued for injuries to students. As the school is protected by sovereign immunity, you will have to file your claim against the school district for alleged negligence. To do so, you and your lawyer will need to fill out a notice of claim in writing. It must contain specific details, such as the nature of the accident, injuries caused and demands for compensation in a specific dollar amount. The school district then conducts an investigation – but can be biased, which is why it’s best to pursue legal representation.

PARENTAL RESPONSIBILITY LAWS AND PERSONAL INJURY

Was your child injured in an accident? Whether or not parents are aware of this policy, most states can hold them liable for the actions of their child(ren). The laws include both civil and criminal acts done. Read on to learn more about associated risks and California’s law on parental liability. 

PERSONAL INJURY CLAIMS INVOLVING CHILDREN

Personal injury claims should have ample evidence, especially when parents are pursuing legal action on behalf of their child. Adults or parents responsible for supervising the child when the injury occured can face charges for negligent supervision. It differs slightly for institutions like a school, daycare or other organization. Sometimes they are protected through sovereign immunity. For example, you would be taking legal action against the school district as opposed to directly with an elementary or middle school. 

CAR ACCIDENT SETTLEMENTS FOR CHILDREN

Car crashes are a leading cause of death among children in the United States. If safety precautions weren’t taken or enforced, the harm sustained to a child is life-threatening. Children are unable to file a claim, leaving a parent or guardian to do so on their behalf. However, if the accident occurred due to the negligence of a family member the case can become quite complicated. The compensation awarded in the settlement is technically given to the minor – however it may not be available until the child turns 18. For more information on car settlements for children, click here.

NEGLIGENCE

NEGLIGENT SUPERVISION CLAIMS

Negligence is often the cause of many child injuries. Injuries can occur on a playground at school. The lack of supervision at daycare or school often results in child injuries, including broken bones or head injuries. Negligent supervision cases are the worst, because they are usually preventable. Responsible people for negligence may include:

  • Parents (the child’s own)
  • Other childrens’ parents (if the child was under their care at the time)
  • School or daycare during the time the child is entrusted to their care

Anyone who knowingly accepts responsibility for your child then has a “duty of care” to both the child and you to ensure his or her safety while the child is in their care. Any breach of that duty may entitle you and or your child to compensation for whatever medical costs, pain, or suffering are accrued as a result.

In order to prove a child injury was caused by negligence you will need to prove:

A plaintiff bringing a tort case must prove that none of the following apply in order to win a negligence lawsuit:

  • Consent – the injured must not have given consent for the action that resulted in injury.
  • Contributory (or comparative) negligence – means that to the degree the plaintiff is responsible himself for negligence, the damages paid to the plaintiff will be reduced by a similar degree.
  • Illegality – if someone is injured in the course of doing something illegal, then no damages will generally be awarded to a plaintiff.

WHAT IS THE STATUTE OF LIMITATIONS FOR SCHOOL INJURIES? 

You can file a claim for any personal injuries your child sustained at school. However, there is a statute of limitations, or deadline for filing and winning your case. For minor to severe cases, you have two years to act from the date an injury was caused, or one year from the date the injury was discovered. Should victims fail to file a claim within the established statute of limitations, their case will not be considered by the court. This article details how the statute of limitations can impact your case, as well as reasons why having a personal injury lawyer in Los Angeles can strengthen your case.

4 WAYS YOUR CHILD’S ACCIDENT CLAIM IS DIFFERENT

There are four ways your child’s accident claim varies from an adult accident claim. We list each reason, including guided legal steps to consider. The differences are meant to serve as protection for the child due to their age, so the outcome is fair and reasonable.

SPEAK WITH A LOS ANGELES CHILD INJURY LAWYER

If your child was injured as the result of negligence at school, daycare or anywhere else, contact the child injury attorneys at Grey Law. Call our office today at 323-673-3655 for a free legal case evaluation to discuss your case and options for moving forward.

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