Rancho Mirage Child Injury Lawyer
No matter how attentive or dedicated you are, it is unfortunately impossible to prevent every accident that could lead to your child suffering a serious injury, especially when another’s negligence causes an accident. Fortunately, you can take legal action against anyone whose irresponsible conduct leads to your child getting hurt and demand comprehensive compensation for every harm their injury will cause them.
Numerous unique rules and restrictions for personal injury claims address injuries to minors, which makes seeking help from a seasoned personal injury attorney especially important. With a skilled Rancho Mirage child injury lawyer, you could efficiently navigate common procedural roadblocks and have the best possible chance of obtaining the recovery your family deserves.
Accounting for Short-Term and Long-Term Losses After a Child Injury
Children under 18 are often more likely to suffer long-lasting harm from traumatic injuries compared to adults because their bodies are still growing and developing. While it is always crucial to incorporate both past and future losses into an injury lawsuit or settlement demand, it is even more vital when the injured person is a young child who may continue to suffer physical, financial, and personal losses for decades. Specific losses that could factor into a child injury claim include:
- Emergency medical expenses
- Expected costs of future medical care, including rehabilitative therapy, assistive equipment like wheelchairs, and in-home care
- Lost future earning capacity
- Physical pain and discomfort
- Psychological and emotional trauma
- Lost overall quality of life
A Rancho Mirage attorney could help identify, determine the value of, and demand fair compensation for all recoverable losses in a specific child injury case.
How State Law Governs Child Injury Lawsuits
Child injury lawsuits are typically built around the same negligence theory as injury claims adults file on their own behalf. Notably, an adult may be liable for a child’s injury when they would not be liable for an injury sustained by an adult—for example, if an unsecured “attractive nuisance,” such as a swimming pool, draws a young child into trespassing on private property.
Additionally, while it is possible to settle a child injury claim out of court, state law requires a court to approve the settlement amount following what is known as a “Minor’s Compromise” hearing. A guardian ad litem must represent the child’s interests during this hearing, and the court will impose significant restrictions on how and when the child may use recovered funds. Finally, as a child injury lawyer in Rancho Mirage could explain, state law generally allows parents and guardians to file a suit on behalf of injured children only two years after the initial injury to begin the litigation process. This two-year period may be tolled—or paused—until the child turns 18 if they wish to file suit on their own behalf.
Get in Touch With a Rancho Mirage Child Injury Attorney
Any injury to a young child caused by an adult’s reckless or careless misconduct could be the basis for civil litigation. However, if you want the best chances of recovering fair financial restitution on your injured child’s behalf, you need help from a legal professional who knows how to handle uniquely sensitive cases like this.
A seasoned Rancho Mirage child injury lawyer’s guidance could be vital to protecting your family’s interests now and well into the future. Call today to schedule a meeting about your legal options.