Rialto Child Injury Lawyer
Learning that your child has been seriously injured through another adult’s misconduct is just about every parent’s worst nightmare. Unfortunately, that exact nightmare becomes a reality for thousands of families every single year. Many of those families end up struggling to get their kids the restitution they deserve without support from capable and compassionate legal counsel.
At CD Law, we know exactly how chaotic and confusing the aftermath of this type of accident can be. Our personal injury attorneys are dedicated to keeping clients informed and tenaciously fighting for their rights. If you want to enforce your child’s right to civil recovery or if you have questions about what those rights are, a Rialto child injury lawyer from our team could help.
Can Parents Sue on Behalf of Injured Minor Children?
Typically, the only person who can legally sue over a personal injury in California is the person who actually sustained the injury. However, because children under 18 cannot legally represent their own best interests in court, they also cannot file a civil suit over their injuries.
Technically, a child injured in a preventable accident can wait until they turn 18 to file suit on their behalf over harm caused by that accident. Often, the most practical option is for the minor child’s parent(s) or legal guardian(s) to act in their stead by filing suit soon after the injury occurs. A Rialto attorney could explain child injury cases in more detail.
Unique Legal Rules for Child Injury Lawsuits
If you elect to file a personal injury lawsuit in Rialto on your child’s behalf, an attorney could help you understand what will be expected of you. You will be subject to numerous legal restrictions meant to ensure you will act solely in your child’s best interests during legal proceedings, even if they conflict with your own personal best interests. For example, you can only settle a child injury case out of court on a minor child’s behalf if you get court approval first. In addition, a guardian ad litem will then be appointed to help the child manage the money recovered on their behalf.
It is worth mentioning as well that the standard two-year filing deadline for personal injury claims, typically beginning from the date of the initial injury, applies to virtually every parent or guardian suing on a minor child’s behalf. If an injured child were to wait until their 18th birthday to sue on their own behalf, they would have two years from the day they turn 18 to start the legal process.
Getting Paid Fairly for Short-Term and Long-Term Losses
You can factor both past and expected future losses stemming from a preventable accident into a personal injury lawsuit you file on your child’s behalf. These losses may include:
- Medical bills
- Lost work income or working ability
- Out-of-pocket expenses for personal property damage, mobility aids, home modifications, etc.
- Physical pain and discomfort
- Mental trauma and suffering
- Decline in overall quality and enjoyment of life
Our Rialto lawyers could provide crucial help with identifying and estimating a fair value for losses that are likely to occur years or even decades after a childhood injury.
Speak With a Rialto Attorney About Your Child’s Injury
No child ever deserves to suffer a life-altering injury under any circumstances, and certainly not because an adult was reckless or careless. If your child has been harmed in this way, it may fall to you as their parent or legal guardian to take proactive legal action on their behalf.
A Rialto child injury lawyer from CD Law could provide custom-tailored legal guidance throughout every stage of your settlement demand or lawsuit, giving you the best possible chances of getting you and your family the compensation you deserve. Call us today for a free consultation.