When a child suffers an injury, the emotional and financial toll on families can be overwhelming. Whether the injury occurs due to negligence, defective products, or unsafe environments, parents often face tough decisions about seeking justice and ensuring their child’s future well-being. In California, child injury laws aim to protect young victims and hold responsible parties accountable, but navigating these laws can be complex.
At Callahan & Blaine, we bring over 40 years of experience as California’s premier litigation firm to child injury cases. Our seasoned Irvine child injury lawyers have achieved record-breaking verdicts and settlements, including the largest personal injury settlement in U.S. history. With a robust team of 29 attorneys, we are equipped to handle even the most challenging cases with precision and care. Our goal is to protect your child’s rights and secure the compensation your family deserves.
What Are the Legal Rights of Injured Children in California?
In California, children who are injured because of someone else’s negligence or wrongdoing have the right to seek compensation to help cover their medical expenses, pain and suffering, emotional distress, and future care needs. To protect minors, California law includes specific rules for handling their cases.
Under California Code of Civil Procedure Section 372, a parent or legal guardian must act as the child’s “guardian ad litem” to represent them in court. California also allows more time to file a case for children compared to adults. Additionally, courts must review settlement agreements to ensure any financial awards are used responsibly, often by placing them in a trust or structured account for the child’s benefit.
Navigating these laws can be complex, but they are designed to protect children and help families secure the resources they need to move forward. A seasoned child injury attorney can help you safeguard your child’s rights and interests throughout the legal process.
Proving Liability in a Child Injury Case
Proving liability in a child injury case involves several key elements that must be demonstrated to establish fault. These include the following:
- Duty of care: The responsible party has a legal obligation to ensure the child’s safety. Examples include daycare providers supervising children or property owners maintaining safe premises.
- Breach of duty: A failure to meet this responsibility can constitute negligence. This might involve ignoring unsafe conditions or failing to act reasonably to prevent harm.
- Causation: The breach of duty must be directly linked to the injury. Evidence such as accident reports, witness statements, or expert analysis can help establish this connection.
- Damages: The injury must result in measurable harm, such as medical costs, pain and suffering, or the need for ongoing care. Documenting these impacts is crucial for the case.
At Callahan & Blaine, we have decades of experience building strong cases to prove liability in complex child injury claims. We investigate every detail, gather compelling evidence, and advocate for fair compensation. Our team is dedicated to helping families navigate the legal process and secure the resources their child needs for recovery and future care.
How Can an Experienced Child Injury Lawyer Help You?
Navigating a child injury case can be overwhelming, especially when balancing your child’s recovery with complex legal procedures. An experienced Irvine child injury attorney can guide you through the process, ensuring your family’s rights are protected and working to secure the compensation you need.
Building a Strong Case on Your Behalf
An attorney will thoroughly investigate the circumstances of your child’s injury. This includes collecting evidence, consulting with experts, and determining liability. Proper case preparation ensures negligent parties are held accountable, whether through a settlement or in court.
Handling Insurance Companies
Insurance companies often aim to minimize payouts, and negotiating with them can be difficult. A skilled child injury lawyer understands their tactics and can advocate for fair compensation to cover medical bills, therapy, and future care. This ensures your child’s needs are prioritized throughout the process.
Advocating for Your Child’s Interests in Court
If a settlement cannot be reached, an experienced Irvin child injury attorney can take the case to trial. Courtroom advocacy requires confidence and preparation, and at Callahan & Blaine, our trial lawyers have extensive experience delivering results for our clients. We are uniquely positioned to handle even the most complex cases.
Protect Your Child’s Rights With Callahan & Blaine
If your child has suffered an injury, the path forward can feel uncertain. At Callahan & Blaine, we are here to provide clarity and unwavering support. With over 40 years of experience and a track record that includes record-breaking verdicts and settlements, we bring unparalleled skill to child injury cases. Our team thoroughly investigates every detail, builds strong cases, and fights for fair compensation so families can focus on recovery.
As California’s premier litigation firm, we understand the legal complexities involved in protecting your child’s rights. Whether through negotiation or trial, we are committed to securing the resources your family needs for healing and future care. Call us today at (714) 241-4444 or reach out through our contact form.
