San Mateo Child Injury Lawyer

Because children under 18 cannot legally represent themselves in court, they also cannot file a lawsuit or demand a settlement for damages stemming from a personal injury. Instead, an injured child’s parent(s) or guardian(s) must take legal action on their behalf. This process can be emotionally challenging and legally complex—especially without guidance from seasoned legal counsel.

Working closely with a San Mateo child injury lawyer at Solution Now Law Firm could be key to enforcing your child’s right to recovery following a serious accident. No matter who bears the blame for your child’s harm, our personal injury attorneys could provide the tenacious legal support you need to get your family the justice it deserves.

Holding Someone Else at Fault for Injuring a Child

Holding an adult legally liable for injuring a minor child through misconduct works the same as holding an adult liable for injuring another adult. In both scenarios, establishing civil fault for damages sustained by the injured “plaintiff” requires proving “negligence” by the “defendant” being sued. More specifically, this involves proving that all the following conditions are true:

• The defendant had an implicit or explicit responsibility—usually called a “duty of care”—to act a certain way around the plaintiff to minimize the risk of an accidental injury
• The defendant did something irresponsible or illegal, and in doing so, “breached” their duty
• That breach directly caused an accident which directly caused the plaintiff to suffer an injury needing professional medical care
• The plaintiff experienced “compensable losses” directly due to their injuries

A skilled San Mateo child injury attorney could provide vital assistance with building a strong and evidence-based claim around this legal theory. Additionally, legal counsel could play a critical role in contesting allegations that a child—usually an older one between the ages of 12 and 18—holds some of the blame for causing their injuries through their negligence. Otherwise, that child may be restricted from recovering the full value of their losses in light of their “comparative fault.”

Recovering Fairly for Past and Future Losses

Unfortunately, young children are especially susceptible to suffering long-lasting and sometimes life-changing physical trauma from accidents, especially those involving motor vehicles. Therefore, when pursuing a civil claim over a child injury, it is crucial to account for the long-term effects that the incident is likely to have, such as:

• Lost future working capacity
• Lost overall enjoyment of life
• Physical and psychological suffering
• Costs associated with future medical treatment and therapy

California law requires the court to approve any private settlement agreement that an injured child’s parent(s) or guardian(s) reaches with the defendant(s) in a child injury claim. This is known as a “minor’s compromise,” and it is something that our knowledgeable child injury lawyers in San Mateo could go into more detail about as needed.

Contact a San Mateo Child Injury Attorney for Help

Injuries to minor children are uniquely devastating—for the kids and everyone who loves them. Taking prompt legal action on your child’s behalf could mean the difference between ensuring the person responsible for harming your child pays for the damage they have done and having no choice but to cover your child’s medical bills and other losses on your own.

A compassionate San Mateo child injury lawyer at Solution Now Law Firm could be your guide throughout every stage of the legal process. Call today for a free consultation with one of our dedicated attorneys.