Fresno Child Injury Lawyers

Child Injuries: Who is Liable?

Determining liability for child injuries is a critical aspect of child injury law. When a child sustains injuries due to the actions or inaction of another individual, such as a person, organization, company, or school, the other party involved may be liable.

In both child and adult scenarios, individuals are expected to exercise reasonable caution and take appropriate safety measures to prevent harm to others. Let’s consider a car accident as an example of how negligence is assessed. All licensed drivers are obligated to operate their vehicles safely, adhere to traffic laws, and keep their vehicles in proper working condition. This standard of behavior is referred to as the duty of care.

If a careless driver engages in improper passing and accidentally runs over a child, they have breached their duty of care. This driver is deemed negligent and, consequently, financially accountable for the injuries incurred to the child.

The duty of care extends beyond individuals to encompass companies involved in manufacturing products, landlords, school districts, supervisors of recreational areas frequented by children (such as swimming pools and parks), caregivers, private homeowners, and more. If any of these entities fail to fulfill their duty of care, as expected of a reasonable person or organization, they may be considered negligent and held liable for the resulting damages.

What Types of Compensation Can Your Child Receive in a Child Injury Claim in Fresno?

There are various types of compensation, also known as damages, that your child may be eligible to receive in Fresno, California. These damages aim to provide financial assistance to cover the losses and expenses resulting from the child’s injuries. 

Consult with a qualified personal injury attorney in Fresno to understand the specific details and potential compensation available in your case. Here are some common types of financial compensation that your child may be entitled to:

Medical Expenses

Your child may receive compensation for all reasonable and necessary medical bills related to their injury. This can include hospital bills, doctor visits, surgeries, medications, physical therapy, rehabilitation, assistive devices, and ongoing medical care.

Pain and Suffering

Compensation may be awarded to address the physical and emotional pain, suffering, and distress that your child experienced as a result of the injury. This includes both past and future pain and suffering.

Disability and Impairment

If the injury causes long-term or permanent disability or impairment, your child may be eligible for compensation to cover the impact on their quality of life and limitations in daily activities.

Loss of Enjoyment and Emotional Distress

If the injury prevents your child from participating in activities they previously enjoyed, they may be entitled to compensation for the loss of enjoyment of life, such as hobbies, sports, or social activities.

Serious injuries can also lead to emotional trauma and psychological distress. Compensation may be available to address the emotional impact on your child, including anxiety, depression, fear, or post-traumatic stress disorder (PTSD).

Scarring and Disfigurement

If the injury results in visible scarring or disfigurement, your child may be entitled to compensation for the physical and emotional effects of these permanent changes in appearance.

Punitive Damages

In certain circumstances where the at-fault party’s actions were particularly egregious or involved intentional harm, punitive damages may be awarded. These damages aim to punish the wrongdoer and deter similar behavior in the future.

Each case is unique, and the amount of compensation your child may receive depends on various factors, including the severity of the injuries, impact on their life, the evidence presented, and property damage, if any. An experienced child injury lawyer can assess the specific details of your case and help maximize the compensation your child deserves.

What to Do If Your Child Gets Injured in an Accident in Fresno?

Discovering that your child has been involved in an accident can be a distressing and overwhelming experience. In such a situation, stay as calm as possible and take immediate action to ensure your child’s safety and well-being. Fresno laws on personal injury are aligned with California laws, so you will need legal representation from somebody who is an expert in the area.

Here are some essential steps to follow if your child is in an accident:

Assess the Situation

Quickly assess the scene of the accident to determine if there are any ongoing hazards or immediate dangers. If necessary, move your child to a safe location away from further harm.

However, make sure to stay by your child’s side, offering them comfort and reassurance throughout the ordeal. Your presence and calm demeanor can help alleviate their anxiety and provide a sense of security.

Check for Injuries

Carefully examine your child for any visible injuries or signs of distress. If they are conscious and able to communicate, ask them about any pain or discomfort they may be experiencing. Avoid moving your child if there is a possibility of a head, neck, or spinal injury, as this could worsen their condition.

Call for Medical Help

If your child requires immediate medical attention, dial 911 or call the police. Describe the situation clearly and provide accurate details about the location of the accident.

Gather Information and Document the Scene

If it is safe to do so, collect information about the accident. Take note of the location, date, and time, and gather contact details of any witnesses present. This information may be valuable for insurance purposes or legal proceedings, if necessary.

Take photographs or videos of the accident scene. This documentation can serve as evidence and provide a clear picture of the circumstances surrounding the accident.

Seek Medical Evaluation

Even if your child does not exhibit immediate signs of severe injury, it is advisable to seek medical evaluation. Some injuries, such as internal injuries or concussions, may not be immediately apparent but can have long-term consequences. A healthcare professional can assess your child’s condition and provide appropriate guidance and treatment.

Consult with a Child Injury Lawyer

If the accident was caused by someone else’s negligence or wrongdoing, consult with qualified Fresno child injury lawyers. They can provide legal guidance and help you understand your rights and options for seeking compensation for your child’s injuries. An experienced personal injury lawyer will also handle filing injury claims from the insurance company.