Burbank Child Injury Lawyer

Parents strive to keep their children safe but cannot always protect them. Allowing a child to explore their world and participate in their everyday activities risks injury.

When another party fails in their obligation to keep the child safe or behaves carelessly or recklessly and causes an injury, you have the right to seek compensation. A Burbank child injury lawyer could help you explore your legal options for pursuing damages. Reach out to one of our personal injury attorneys today.

Statute of Limitations

Adults have two years from the date of an injury to file a lawsuit seeking compensation. When the injured person is under 18, the two-year clock usually does not start running until their 18th birthday. However, parents and guardians can sue on their child’s behalf, which is typically more effective.

There are exceptions to the statute of limitations that apply in some cases. For example, the California Code of Civil Procedure § 340.5 says that when a child suffers a birth injury or is the victim of medical malpractice before they turn six, the parents or guardians must bring a lawsuit within three years or before the child’s eighth birthday, whichever is longer.

Parents can preserve their and their children’s rights by consulting a Burbank attorney immediately after an injury. Certain events can extend the time for acting, and it is worth exploring alternatives even if a significant time has passed since an injury occurred.

Negligence Causes Many Injuries to Children

The law allows injured people to claim compensation when they suffer losses from another person or entity’s negligence. Accidents almost always result from someone’s negligence. Children are often injured when they are passengers in cars that get into a crash or are hit by cars while walking or riding their bikes.

Other common examples of negligence leading to child injury include poor supervision at daycare, school, or afterschool or summer programs, medical malpractice, and sports injuries.

A lawyer in Burbank could investigate the incident that harmed a child and identify all negligent parties who contributed to the injury. Depending on the situation, they could compile witness statements, video of the incident, medical records, and expert opinions to develop a robust case. Presenting this evidence to and negotiating with the responsible parties’ insurance companies often results in a prompt settlement.

Handling the Money a Child Receives

Claims for child injuries almost always settle out of court and often settle before the parents or guardian files a lawsuit. A court hearing will ensure the settlement is appropriate before it is finalized. The judge will review the circumstances and the amount offered to determine whether it provides adequate compensation for the child’s injuries. The judge also must approve some costs that will be deducted from the settlement, such as attorney’s fees and medical bills.

The court must ensure the money is safeguarded for the child’s benefit, and a judge will decide how the money will be held. There are several options:

• Blocked account that no one can access until the child takes possession when they turn 18
• Special needs trust that periodically disburses money but maintains the child’s eligibility for government benefits
• Caregiver trust to help parents or guardians provide for a disabled child’s needs
• Minor settlement trust that does not require court supervision

A Burbank attorney could explain which option is most appropriate in a specific child injury case and whether a parent or caregiver has the right to access any of the money.

When a settlement is worth less than $5000, the law allows a parent or guardian to manage it for the child. There is usually no hearing in these cases, and the parent could place the money in a standard savings account for the child. Courts do not supervise these small settlements.

Trust a Burbank Attorney to Pursue Compensation for Your Child’s Injury

Few events cause parents as much stress and heartbreak as an injury to their child. When someone else’s conduct causes the injury, parents can act to ensure their child does not suffer without compensation.

A Burbank child injury lawyer could help you pursue the compensation necessary to cover any physical or emotional costs of the negligent accident. Reach out today to schedule a consultation.