San Diego Child Injury Lawyers

Child Injury Attorney in San Diego, CA

No matter how many precautions you take to protect your child, accidents happen when you least expect them. It is heartbreaking to see your child suffer from injuries inflicted by the negligent actions of other people. While no reimbursement can remove their pain, compensation helps cover financial damages.

Child injuries may occur in many ways, including window falls, drowning, suffocation, motor vehicle crashes, etc., with the latter being the leading cause of death and injuries among children aged 5-14 in San Diego County. If someone has acted negligently or even hurt your young one intentionally, it is always best to consult a child injury lawyer to advise you on your legal options.

At Rawlins Law, we are experienced in handling child injury cases. We are zealous about helping our clients find justice and secure the compensation they deserve. If you are searching for a child injury lawyer in San Diego, contact us today for a free case evaluation.

San Diego Child Injury Guide

• Possible Compensation
• Common Causes
• Types of Child Injury
• Who Can Sue?
• Need a Child Injury Lawyer in San Diego?

Why Hire Rawlins Law?

At Rawlins Law, we are zealous about helping personal injury clients find justice and secure the compensation they deserve. Here is why you should hire us:

Reliable Team

Once we take up your case, you can count on us to shoulder the legal burden of pursuing a settlement for your child. From the client intake team to the case manager, legal assistant, relationship manager, and attorney, every team member is committed to securing justice for your child.

Proven Track Record

Ashley Rawlins has helped clients recover millions in personal injury cases. From animal attacks to motor vehicle accidents, she has recovered fair and critical compensation for many injured victims.

Client-Focused

We are a client-focused law firm, keen on delivering the best legal representation possible in every case we take up. At Rawlins law, we are an honest, ethical, and compassionate team committed to providing a positive client experience. Check our client testimonials for more details.

Why You Need to Hire Our San Diego Child Injury Lawyers

Child injury cases are complicated because it is not easy to establish the impact of the injuries on their future wellness. Hiring a lawyer experienced in handling similar claims is, therefore, essential.

Besides having dealt with similar cases, we have a network of child and medical experts who can assess the child and provide a comprehensive report on their future medical and financial needs owing to the injury.

Some injuries, like traumatic brain injuries, may take time to manifest. Requesting a comprehensive medical evaluation can ensure you immediately treat such problems and establish how they may affect your child.

Once the doctor has evaluated your child, you can contact Rawlins Law to discuss your case. If you need compensation from the negligent party for your child’s injuries, we can navigate the process for you.

Benefits of hiring a child injury lawyer

• Experience in child injury cases - Our child injury lawyers know how to handle cases involving your child. You can depend on our in-depth knowledge of the applicable laws to assess the case and advise you on your best legal options. You can also expect us to treat you and your child with respect and empathy as they attempt to recover compensation during what we know is a difficult time.
• Experienced investigation - Sometimes, multiple parties may be liable for your child’s injury. A child injury lawyer may be able to assess the case and determine the parties to hold liable for the injuries.
• Thorough evidence preparation - An experienced child injury lawyer knows how to develop a strong case to prove the negligent party’s liability. From gathering scene evidence (photos, police reports, CCTV footage, eyewitnesses) to interviewing expert witnesses, an experienced attorney knows how to gather and present the necessary proof.
• Accurate calculation of damages - A child injury lawyer has a network of experts they can consult to help determine accurate damages based on current and future expenses.
• Effective negotiation skills - Having worked with insurance companies before, an experienced child injury lawyer knows how to negotiate aggressively and match up the skills of insurance company adjusters.
• Proven litigation skills - Most chile injury claims resolve before trial, but if the situation calls for it and your case merits trial, a lawyer experienced in child injury litigation can help you file the lawsuit and represent you in pre-trial and trial proceedings.

Possible Compensation for Child Injury

California law entitles a child to recover all the financial damages caused by their injuries. The damages awarded may vary depending on the extent and impact of the injuries on their life.

These may include:

• Current and future medical expenses
• Home care costs
• Home modifications to accommodate their disability
• Special educational programs the child requires
• Damages for their pain and suffering
• Future loss of earning potential if the injuries limit their future career options

You could also recover wrongful death damages if your child did not survive the accident. While most child injuries are unintentional, the court may also award punitive damages if the at-fault party was grossly negligent or hurt the child intentionally. Punitive damages are intended to punish and deter the wrongdoer’s behavior and vary from case to case at the court’s discretion.

Guardian Ad Litem and Settlement in Child Injury Cases

Since a child does not have the legal capacity to seek compensation for their injuries, a judge appoints a guardian ad litem (an adult to oversee the settlement process). This may be the child’s parent, grandparent, or another close relative.

The law requires a judge’s approval if the settlement is above $5,000. Other than appointing the guardian ad litem, the judge is also responsible for ensuring the settlement is fair and the funds go directly to the child once they reach the age of majority.

Upon settlement, the funds go either into a bank account or a structured annuity. The guardian ad litem retains the role until the child reaches age 18, which involves determining the amount needed to cover the child’s injury-related expenses and how to distribute the funds over the child’s life. They may decide to avail lump sum amounts to the child at ages 18, 21, 23, and so forth.

Common Causes of Child Injuries in San Diego

Child injuries remain the leading cause of death both in San Diego and nationwide, according to Safe Kids San Diego and Centers for Disease Control and Prevention (CDC) reports, respectively.

Common accidents responsible for child injury include;

• Drowning is the highest cause of death among children aged 1-4 years, both in San Diego and nationally. If your child drowned at someone else’s premises due to their negligence (e.g., failing to provide supervision or get rid of hazards that may cause drowning), you may file a claim with their insurance (homeowners or business/liability) to cover the damages resulting from the injuries.
• Motor vehicle accidents are also among the top causes of unintentional child injury deaths and hospitalizations in San Diego and nationally. Drowsy driving, speeding, and drunk driving are common causes of injurious road crashes. If your kid had a motor vehicle accident (car, truck, motorcycle, school bus, etc.), you could file a claim with the at-fault party’s insurance company to recover current and future damages.
• Poisoning can result from improper food storage or preparation at a school, a food vendor, or a manufacturer. If your child consumed unsafe food or any other harmful substance, leading to poisoning, you could hold the negligent party liable for the injury.
• Medical malpractice can arise if doctors, nurses, dentists, and other healthcare professionals make mistakes while treating your child, leading to injuries. Possible malpractices include things like birth injuries, performing unnecessary surgery, the wrong prescription, using a defective medical device, etc. If your child is a victim of medical malpractice, a child injury lawyer can help you commence the necessary legal action and find justice for them.
• Defective products such as flawed baby slings, unsafe toys, and defective baby furniture (baby cribs, dressers, etc.) also cause a significant number of child injuries. For instance, a child could get electrocuted by a toy with a faulty electrical connection or fall when faulty crib tips over. If your child gets hurt due to flawed products, you may file a claim against the manufacturer for compensation.
• Slip and fall accidents often happen due to negligence by property owners. The law requires property owners (private and public) to maintain their premises in excellent condition, eliminate any hazards that may cause accidents (loose handrails, snow on sidewalks, etc.), and post conspicuous signs warning against potential dangers. Failure to do this may amount to negligence, and they may be liable for damages if their negligence causes an accident.
• Dog bites are the most common animal attacks, with children twice as likely then adults to suffer bites. Dog owners are responsible for training and restraining their animals and, therefore, liable under strict liability for any damages sustained by someone who gets bitten. Under strict liability, the owner is liable if the child is bitten either while on public property or lawfully on private property.
• Playground equipment in daycare centers, amusement parks, and school playgrounds are common causes of harmful accidents among children. If those responsible for supervising children on the playground are negligent or there is equipment malfunction, and your child gets hurt, you can seek compensation for the financial damages sustained.

The above list is not exhaustive. There are other accidents that cause child injuries, such as pedestrian and bicycle accidents, and infant suffocation, among others.

Types of Child Injury

The above accidents can result in various types of injuries, depending on their nature and impact on the child’s body.

Common injuries may include;

• Traumatic brain injuries (TBI) may be caused by road crashes, playground equipment, and slip-and-fall accidents.
• Spinal injuries can result from motor vehicle accidents, bicycle accidents, slip and falls, and playground equipment.
• Disfigurement and scarring may be caused by motor vehicle crashes, animal attacks, burns, etc.
• Trauma from auto accidents, animal attacks, molestation, sex abuse, drowning, etc., can lead to psychological stress and affect the child’s mental health.
• Broken bones, cuts, lacerations, tissue injuries, sprains, internal bleeding, etc., are common injuries, especially from road accidents.
• Eye injuries can be caused by numerous accidents, including motor vehicle crashes, pedestrian accidents, bicycle crashes, playground equipment accidents, etc.

Sometimes when someone’s negligence causes a fatal accident, you may seek compensation through a wrongful death action.

Who Can Sue for Child Injuries?

A minor cannot legally sue a negligent party for causing their injuries. In this case, an adult (their parent or legal guardian) can bring the case against the offender on their behalf. California is a fault system state, meaning the at-fault party is responsible for the damages resulting from the injuries.

Plaintiffs usually file their claims against the insurance company of the offender, who in this case include:

• Premises owner - Drowning, slip and fall accidents,
• Driver/manufacturer - Motor vehicle and pedestrian accidents
• School/manufacturer/vendor - Poisoning
• Medical facility or health practitioner - Medical malpractice
• Manufacturer - Defective products
• Animal owner - Animal attacks
• Institution/facility - Playground equipment accidents

Statute of Limitation

Unlike other personal injury cases, unless a parent or guardian initiates an action, the statute of limitations clock does not start counting until the victim reaches 18 years old. While most personal injury claims settle before trial, if a lawsuit is necessary, the victim will have California’s two year statute of limitations to file suit starting from their eighteenth birthday. You must file suit before the statute expires or you lose your right to compensation.

Need a Child Injury Lawyer in San Diego? Contact Rawlins Law Today!

If your child has sustained injuries due to an at-fault party’s negligence, they have a right to receive compensation for the resulting damages. Whether the injuries are from an animal attack, road crash, playground equipment, slip and fall accidents, defective products, drowning, or any other accident, contact us to learn your legal options.

At Rawlins Law, we make our flexible, compassionate San Diego personal injury lawyers available to help in the most convenient way for you.

Brief us on your case details via our contact form, or call us now at (858) 529-5872 for your free case evaluation.