What Compensation Can You Recover in a Child Injury Claim?

You send your child to school, daycare, or a weekend playdate, never expecting a trip to the emergency room. Your child is in pain, scared, confused, and facing a long road to recovery. The emotional toll is overwhelming, but the financial cost can spiral quickly.

When someone else’s negligence causes your child’s injuries, a child injury claim becomes a vital tool, not just to recover expenses, but to protect your child’s future. With help from experienced Sacramento child injury lawyers, you can pursue compensation for medical costs, emotional trauma, lost quality of life, and other damages tied to your child’s trauma after an accident.

What Makes Child Injury Claims Different?

child injury claim

When a child is hurt, the legal system takes extra steps to ensure their well-being. Unlike adult cases, a personal injury claim for a minor requires court approval and a guardian ad litem—an adult appointed to act in the child’s best interest throughout the legal process.

Why? Because injury victims this young often face difficult times that extend far beyond the accident. California law recognizes the child’s right to maximum compensation, not just for today’s expenses, but for long-term effects on their daily life, emotional pain, and development.

That’s why in child injury claims, courts assess economic and non-economic damages, awarding fair compensation to honor the child’s future and the duty of care owed to them.

What Are Economic Damages in a Child Injury Claim?

Economic damages are also seen in California Civil Code § 1431.2(b)(1) refer to measurable financial losses resulting from the injury, both now and in the future. These are essential to ensure that injured children and their families don’t bear the long-term financial burden alone.

They may include:

  • Past and future medical expenses: Mentioned in CACI 3903A may include hospital bills, medications, doctor visits, and surgeries. 
  • Rehabilitation and physical therapy: Ongoing care needed for mobility, recovery, or daily function.
  • Home modifications: Ramps, wheelchair-accessible bathrooms, or mobility tools if disability is permanent.
  • Future lost earnings: Even if your child is young, courts use statistical models, education records, and vocational expert analysis to estimate lost lifetime income, especially if the injury prevents them from pursuing a previously demonstrated career path.

These damages ensure your child can recover financial compensation and rebuild the quality of life they deserve, even if their dreams have been forced to change.

Non-Economic Damages: What Can’t Be Measured in Dollars Alone

Under California Civil Code § 1431.2(b)(2) and CACI Jury Instruction 3905A, non-economic damages compensate for the invisible but profound consequences of a child’s injury—pain, fear, lost childhood moments, and emotional trauma that may impact their future development and well-being

These damages help compensate for:

  • Pain and suffering – Both physical injuries and mental anguish.
  • Loss of enjoyment of life – Missing out on sports, school, friendships, or hobbies.
  • Emotional trauma – Nightmares, anxiety, or fear of returning to school or leaving home.
  • Psychological effects – Diagnosed with PTSD, depression, or the need for long-term counseling.

For minors, courts often consider the duration of suffering, developmental impact, and loss of childhood experiences. Because these injuries can affect a child’s future identity and stability, non-economic damages are often substantial and essential.

Who Can Be Held Responsible for a Child’s Injuries?

In a child injury claim, identifying the fault party is crucial. Below is a breakdown of common responsible parties and why they may be held legally accountable:

Responsible PartyExamplesLegal Basis for Liability
Negligent DriversCar, truck, or motorcycle accidents involving childrenBreach of duty of care while operating a vehicle
Schools & Childcare ProvidersPlayground injuries, lack of supervision, abuse, or neglectFailure to provide reasonable safety and supervision
Property OwnersUnsafe premises, pool accidents, slips, and fallsPremises liability and inadequate hazard warnings
Product ManufacturersDefective toys, furniture, child gear (car seats, strollers, etc.)Strict liability for defective or dangerous products
Government EntitiesPoorly maintained sidewalks, unsafe public areas like parks or crosswalksNegligence in public infrastructure maintenance

California courts apply comparative negligence, but age and cognitive maturity are considered when children are involved. This often shields them from shared fault unless the child’s actions were unreasonable for their age.

If your child was hurt and you’re unsure who may be liable, our experienced attorneys in Sacramento can help you identify the negligent party and pursue maximum compensation for your child’s future.

What If My Child Can't Follow Their Dreams After an Injury

What’s the Process to File a Child Injury Claim in Sacramento?

Filing a child injury claim in Sacramento involves several key steps:

  1. Report the Incident – Immediately notify the appropriate authority based on where the injury occurred:
    • For car accidents, call 911 and request a police report.
    • For school injuries, file an incident report with the school administration.
    • For dog bites or property-related accidents, report to animal control or local law enforcement. These records form the legal foundation of the claim.
  2. Gather Medical Records and Evidence – Collect emergency room reports, specialist evaluations, treatment plans, and photos of injuries or the accident scene.
  3. File with a Guardian and Court Approval—In any child injury claim, only a parent or guardian ad litem can represent the child’s legal interests. At Farahi Law Firm Sacramento, our personal injury lawyers help families file claims properly to ensure fair compensatory damages, covering financial and non-economic losses, and protecting the child’s long-term needs.

Let Farahi Law Firm Sacramento fight for your Children’s rights.

At Farahi Law Firm, we believe no family should navigate a child injury claim alone, especially during the most vulnerable moments of their lives. Our personal injury attorneys are committed to securing maximum compensation that protects your child’s future and reflects the emotional and financial toll of their injuries.

From legal filings to medical support, we fight for maximum compensation so your child can heal with dignity and care.

Call Farahi Law Firm in Sacramento to get the medical treatment your kid needs and the money you deserve to help your family recover.

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