As a parent, you might reasonably expect that other adults would be even more careful around your child than they would be around fellow adults, but unfortunately, that expectation does not always match reality. Even worse, children are sometimes even more susceptible to experiencing life-altering injuries in accidents compared to adults.
You should know, however, that you have help available from a seasoned Avondale child injury lawyer if you want to enforce your right to recover compensation on your injured child’s behalf. From establishing civil fault for their accident to demanding comprehensive compensation for all their ensuing damages, a dedicated personal injury attorney from Phillips Law Group can be a vital ally throughout the process for you and your family.
When Are Adults Liable for Injuring Children?
While adults certainly can be held civilly liable for accidentally or intentionally injuring a minor child, Arizona courts will not automatically assume an adult is liable for a child’s injury just because they were involved in the same incident. Just like with personal injury claims filed by adults against other adults, someone suing on an injured minor’s behalf must prove that the named defendant(s) in their claim directly caused that minor’s injury by breaching a “duty of care” they owed that child under specific circumstances.
It is worth noting that adults sometimes owe different “duties of care” to children compared to adults, which can change the calculus for determining whether an adult is liable for causing a particular injury to a child. For example, if an adult who has a swimming pool on their property fails to prevent trespassing children from accessing and being injured by it, an Avondale child injury attorney can potentially help pursue a claim against that adult under the “attractive nuisance” doctrine, even though they likely would not be liable for an injury sustained by an adult under the same circumstances.
Taking Action Within Applicable Filing Deadlines
Another unique element of child injury claims that may have an impact on civil recovery efforts is how the “statute of limitations” works for these claims. Most of the time, someone intending to sue someone else in Arizona over a personal injury has two years at most to do so after initially sustaining harm, as per Arizona Revised Statutes § 12-542.
However, while this same deadline generally applies to parents or guardians filing suit on their injured minor child’s behalf, it does not apply in the same way to an injured child filing suit on their own behalf. Specifically, A.R.S. § 12-502 allows the start of that two-year filing period to be “tolled” — meaning paused — in this scenario until the child turns 18 and can legally represent themselves in court.
Either way, seeking help from a child injury lawyer in Avondale sooner rather than later after an accident occurs can be key to ensuring crucial evidence is still available when the claim formally begins.
Discuss Legal Options With an Avondale Child Injury Attorney
No child should ever sustain any kind of physical or psychological harm solely because an adult was irresponsible around them. If your family has unfortunately found itself dealing with this kind of scenario, you may have grounds to demand civil compensation from the person who directly caused your child’s injuries as well as anyone else whose misconduct facilitated theirs.
An Avondale child injury lawyer can review your options with you and offer preliminary guidance about the next steps during a free, no-obligation consultation with a member of our team. Call Phillips Law Group today to schedule an initial evaluation with a dedicated local legal advocate who has been serving the community for decades. We are ready and waiting to pursue justice for you and your family. Call now to learn more!
Available 24/7