As a parent or legal guardian, there is likely nothing you wouldn’t do to shield your child from preventable harm—whether physical, emotional, or moral. Despite your best efforts, accidents can still occur, especially when caused by the reckless or careless actions of others. If your child has sustained a serious injury due to another person’s negligence, you may be entitled to pursue legal action with the help of a Gilbert child injury lawyer.
At Phillips Law Group, our compassionate personal injury attorneys understand the complexities involved in child injury cases. We are dedicated to ensuring you understand all your options and work tirelessly to secure the best possible outcome for your child’s situation.
When Can Parents and Guardians Sue on a Child’s Behalf?
In Arizona, children under the age of 18 are considered unable to represent themselves in legal proceedings. Therefore, most child injury claims are filed by the child’s parent(s) or guardian(s), or occasionally by a court-appointed guardian ad litem. It is crucial for the adult pursuing the lawsuit to act solely in the child’s best interests, adhering to specific rules about managing and distributing any funds recovered.
A Gilbert child injury attorney can guide you through these responsibilities and ensure you comply with all legal requirements. Essentially, child injury claims operate similarly to other personal injury cases. The burden of proof lies with the plaintiff, who must demonstrate that the defendant’s irresponsible actions were the primary cause of the injuries.
Common Causes of Childhood Injuries
Our team handles a variety of childhood injury claims stemming from different causes. Some of the most common include car and truck wrecks, bicycle and pedestrian accidents, dog bites, sports injuries, school bus accidents, slip and falls, and negligent supervision.
Getting Paid Fairly for Short-Term and Long-Term Losses
Unfortunately, minor children are often more likely to suffer debilitating and potentially life-altering harm from accidental injuries compared to fully grown and developed adults. As a result, it is often especially vital when filing suit on an injured child’s behalf to account both for losses that have already occurred by the time the claim begins and for losses that can be expected to occur in the years and decades to come.
Depending on the circumstances, this can mean proactively identifying, estimating a fair value for, and demanding restitution for damages like:
- Long-term medical expenses, including costs of assistive equipment, prescription medication, physical therapy, and in-home assistance
- Lost future working and earning capacity
- Physical pain and discomfort
- Emotional anguish and psychological trauma
- Lost enjoyment/quality of life
A child injury lawyer in Gilbert may also be able to help parents and guardians recover for certain losses they will personally experience because of their child’s injury — for example, lost income due to time taken off work to provide care for a temporary or permanent disability.
Work With a Gilbert Child Injury Attorney
While every adult should strive to prevent accidents involving children, negligence still leads to serious injuries every day in Arizona. If your child has been hurt due to someone else’s negligence, taking legal action is often necessary to ensure fair compensation and support for your family.
Phillips Law Group has over 30 years of experience serving the Phoenix metro area, and our skilled attorneys are prepared to go to trial if needed to secure the restitution your family deserves. Please get in touch with a member of our team today to schedule a free, no-obligation consultation and learn more about your options for pursuing recovery. Call 602-222-2222 to find out more now.
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