For a parent, nothing is more heartbreaking than seeing your child suffer. When another person’s negligent conduct causes the suffering, your anger might be overwhelming.
You can hold negligent parties accountable when they harm your child. A Flagstaff child injury lawyer with Phillips Law Group can help. Reach out to our team to begin working with a dedicated personal injury attorney who has been serving the local community for over three decades.
The law allows an injured person two years from the date of an incident to file a lawsuit claiming compensation. When the person harmed is under 18 when the incident occurred, they have two years from their 18th birthday to file a lawsuit.
In most cases, the child benefits if a parent or guardian pursues legal action within two years. Waiting until the injured child is an adult risks a defendant moving away, going out of business, or dying. Evidence may be lost or damaged, weakening the case.
Additionally, parents should consult with a Flagstaff attorney immediately if a government agency might be liable for a child’s injury. When an accident involves a school bus, government-owned vehicle, or public employee or happens on government property like a state park, municipal office building, or school playground, a government agency might be responsible. Arizona Revised Statute 12-821.01 requires anyone with a claim against the state or a local government to file a notice of claim within six months of the injury.
Getting hurt is a part of childhood, and not all injuries to children are the result of someone else’s negligence. A person, company, agency, or government is negligent when it fails to take reasonable steps to prevent accidents, and someone gets hurt as a result. The standard is heightened when someone has responsibility for children because children are not mature enough to appraise risk accurately or make wise choices.
Someone else’s negligence could cause harm to a child in many different ways, and a Flagstaff accident attorney must analyze each case on its merits. Common examples where negligent conduct causes harm to children include but are not limited to:
When a parent can prove another party’s negligence contributed to their child’s injury, the child is entitled to compensation, also called damages. A child’s damages could cover the cost of treating the injury, future medical expenses if the injury is long-term or permanent, and the expense of medical equipment like prosthetics or a wheelchair. The child also should receive compensation for their physical pain, psychological distress, lost opportunities, and other impacts of the injury.
Most lawsuits settle out of court. Working toward a negotiated settlement is usually a good strategy because it reduces costs, gets compensation into the victim’s hands more quickly, and achieves certainty. However, when the responsible parties do not negotiate in good faith or fail to agree to reasonable compensation, our Flagstaff attorneys will not hesitate to take a negligent party to court.
Regardless of whether a child injury case ends in a settlement or jury verdict, the compensation belongs to the child, and the law requires additional steps to protect the money. A court must approve any settlement and will require evidence establishing the nature of the child’s injury, prognosis, and the costs the family has incurred. The court will appoint a conservator — usually a parent or guardian — to manage the money for the child until they turn 18.
The funds must be deposited in a restricted account, and the conservator must have a court order to withdraw them. A judge will approve a withdrawal only if the parent can prove the expenditure is necessary, benefits the child, and is in the child’s best interests. Children have the right to control their money when they turn 18.
When someone’s negligence harms your loved one, take action by seeking compensation and justice. The attorneys at Phillips Law Group have been helping distressed parents hold wrongdoers accountable for decades. We are confident we can provide you with the guidance you need.
Reach out to a Flagstaff child injury lawyer as soon as possible after the accident. Schedule a free consultation to learn more today.
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