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Can I File a Personal Injury Lawsuit if My Child Was Injured?

If your child is injured in an accident due to someone else’s negligence, you can file a personal injury lawsuit on their behalf. Your first step in the legal process should be to hire an experienced attorney. Once you consult with your Los Angeles personal injury lawyer, you will choose a Guardian Ad Litem that serves as the child’s representative in court. The GAL will typically be a parent or close relative of the child and be appointed by the court to act in the child’s best interests.

What You Need to Know About These Lawsuits

The right attorney will be able to determine whether your child was injured as a result of another person or entity’s negligence and, if so, will file the lawsuit. Personal injury lawsuits for children vary from those of adults in specific ways:

  • Given that most cases end up settling before trial, it is essential to familiarize yourself with what is known as a Compromise Hearing. If the wrongdoer extends what you believe to be a fair settlement offer for your child, then there will be a hearing at which the court will determine whether or not the proposed settlement is in the child’s best interests.
  • Assuming the court approves the settlement amount, you will need to know how the payment process is handled. If the settlement amount is large, the court typically will not allow the injured victim to begin receiving payments until the age of 21. One common approach the court takes is to order an annuity, a structured settlement. The victim receives payments at the ages of 21, 25, 30, and 35, or another similar payment timetable.
  • The statute of limitations for personal injury cases in California is two years. When it comes to minors, the statute of limitations does not begin to toll, or tick, until the child turns 18. In general, a minor victim of a personal injury accident has until their 20th birthday to file a claim. Suppose you wait that long until your child files a claim. In that case, it will be much more difficult to investigate what transpired. It will also be harder to build a case, track down crucial medical records, remember key events, and interview any potential eyewitnesses. That is one of many reasons why our Los Angeles personal injury lawyers at Salamati Law strongly suggest that you hire an experienced attorney as soon as possible following the accident.

Injuries Commonly Incurred By Children

Whether it is a school bus accident, a dog bite accident at a friend’s house, or a slip and fall accident at school, these injuries can often significantly impact the life of your child and your entire family for years to come. Some common injuries that occur in these accidents include the following:

  • Fractured or broken bones
  • Cuts and lacerations
  • Burns
  • Bites
  • Concussion
  • Traumatic Brain Injury (TBI)
  • Post-Traumatic Stress Disorder (PTSD)
  • Wrongful death

Building Our Clients’ Strongest Case Possible Since 1995

Since we launched in 1995, our attorneys at Salamati Law have been focusing on aggressively pursuing justice on behalf of personal injury victims here in Los Angeles. Our top priority is to protect the best interests of your child and the rest of your family. The best way to do this is to build the strongest case possible, which we have successfully done for over 25 years. We regularly communicate with our clients, so they are always apprised of where their case stands.

Schedule Your Cost-Free Consultation Today

If you have questions about filing a personal injury lawsuit after your child was injured, call Salamati Law now to arrange your zero-cost case review. You will not be billed unless we win your case.

No Obligation, No Fees Guaranteed, Unless We Win

We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

No Fee Guarantee Unless We Win
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