Fairfield Child Injury Lawyer
In Fairfield, as throughout the rest of California, injured individuals can hold negligent parties accountable when they cause an accident. Personal injury claims can also be filed when the injured party is a child, but the laws surrounding these claims differ from those involving an adult. It is for this reason that any parent of an injured child should speak to a Fairfield child injury lawyer who can help families secure the maximum amount of damages they deserve.Common Injuries Suffered by Children
Like adults, children can sustain a number of injuries during an accident. The most common include:
- Head and neck injuries, including concussions and whiplash
- Airbag injuries
- Car seat injuries
- Cuts and scrapes from broken glass
- Chest injuries
- Broken bones
- Permanent disability
- Psychological difficulties
Regardless of the type of injury sustained, when another person’s negligence caused the accident, victims can file a claim for compensation with the help of an experienced child injury attorney in Fairfield.When a Child Contributed to the Accident
In California, everyone can typically be held liable when they contributed to an accident that resulted in injuries. The Golden State follows a pure comparative fault model, which means that even when a person was 99% at fault for an accident, they can still claim 1% of compensation. The greater amount of fault a person holds, the less in compensation they can claim. However, this is not always true for children.
Children are not held to the high duty of care adults are. Children are unpredictable, and cannot be expected to think as logically as adults. As such, children aged 5 and younger can never be found negligent, even when they contributed to an accident. Older children may be held partially liable, but the duty of care they are expected to carry will depend on their age.Statute of Limitations on Child Injury Claims
In most cases, the statute of limitations on most personal injury claims is two years from the date of the accident. When a person files a claim after this time, they will likely forfeit any right to compensation. However, this is not true for children involved in an accident.
In certain situations, such as when a child is involved in an accident, the statute of limitations can be tolled, or delayed. A child may file their own personal injury claim within two years from the date of their 18th birthday, and still collect damages. Parents can also file a claim on behalf of their children while the child is still a minor. In these instances though, the statute of limitations is usually two years, just as if the parent was filing a claim for their own injuries. If you are unsure how the statute of limitations applies to you, contact a child injury attorney in Fairfield today.Our Experienced California Child Injury Lawyers Can Assist with Your Case
If your child has been injured in an accident, you and your family can claim compensation, but these cases are complex. At Brod Law Firm, our Fairfield child injury lawyers can explain the law as it applies to your case and help you secure the fair settlement your family deserves. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation.