If an adult causes an accident through their own misconduct that results in a child under the age of 18 suffering a serious physical injury, they can be held civilly liable for short-term and long-term consequences of that accident just like they could be if they had injured another adult. However, because minor children cannot represent themselves in Arizona court proceedings, the burden of actually filing suit over an incident like this typically falls to the child’s parent(s) or legal guardian(s).
The process of demanding compensation for a child’s injury works a little differently in practice compared to suing on your own behalf for your own injury, and this makes it especially crucial when pursuing a case like this to have help from a seasoned personal injury attorney. Right from the start of your legal proceedings, your Mesa child injury lawyer can ensure your child’s rights are enforced and their best interests are protected while minimizing additional stress for you and your entire family. Contact the team at Phillips Law Group to learn more.
Proving an Adult Liable for Injuring a Minor Child
One aspect of child injury litigation that works more or less the same as standard personal injury litigation is how a named “defendant” is typically found liable for damages stemming from the injury in question. With relatively few exceptions, child injury claims are built around the same legal theory of “negligence” as most other personal injury cases, under which someone must have directly caused an injury to occur through their own reckless or careless breach of a “duty of care” to be held financially accountable for ensuing damages.
As a Mesa child injury attorney can further explain, adults sometimes owe different “duties of care” to children compared to those they owe to adults, which means it is sometimes possible to sue on an injured child’s behalf even when there would be no grounds for an injured adult to file suit. An archetypal example of this is the “attractive nuisance” doctrine, which holds that property owners can be liable for injuries stemming from their failure to prevent very young children from trespassing on their property and accessing things like swimming pools which the children are not old enough to identify as dangerous.
What Our Clients Are Saying
Morgan W.
I felt they were more my friends than my personal injury lawyer and that isn't something you're taught it's something you have inside. If I ever needed a lawyer again Phillips Law Group Injury Lawyers would be my only choice. I can't recommend them enough. They are professional on every level and compassionate throughout. Thank you for everything.
Blanca D.
When in pain because of an accident all you want to do is focus on getting better and that is what did thanks to this firm. My family and I were set up with a Dr and Chiro right away. The treatment we received was great. I am extremely thankful for all the help we received and the outcome on the cases. Thanks to everyone involved on my case. A special thanks the intake specialist Rosalba who was very kind on the phone when I first called. I highly recommend this firm to anyone, they treat you like family.
Erika A.
I am so thankful for Ruthann and Maria. They both were amazing throughout the process. When Maria took over my case, I felt like I was being treated with empathy about my pain and experiences while treating. She also made sure to answer my questions. Maria always responded to my communication attempts and answered questions I had as they came up. She helped me with things I needed in regards to my case and helped ease the anxiety as bills piled up and my injuries were still being treated. I was able to contact her as I was treating and she helped find providers closer to my home to make it more accommodating for me. This helped me juggle work...
Santana D.
Ruby, Jennifer, Angela did me great over at this law firm. I will recommend them to anybody that has been in an injury in Phoenix Arizona they are awesome 😎. Got paid 6 months after my accident. Then out of the blue a couple years later they still contract me with another check $$$$$🤑😎🤑. Thank you....
Yunior R.
Philips Law Group offers outstanding customer service and a profound knowledge of personal injury law. Right from the initial call through to your office visit, they ensure you feel well-supported. A special mention goes to Ilse, the client experience coordinator. Her expertise in insurance policies is remarkable, and she articulately explains them in both Spanish and English. She skillfully navigates you through the process with empathy and understanding. A heartfelt thanks for the exceptional experience!
Art R.
Phillips was able to get me a good settlement after the first law group I called completely failed. Highly recommend you give them a call after your personal injury.
Rebecca M.
Philips was an awesome choice got me into the doctors offices for visits quickly and efficiently. I also want to give a big shout out to Michael the negotiator for Philips he went above and beyond to help my case get to the finish line! Also want to thank Jason and the friendly front staff.
Vallery A
Throughout the most stressful time Carmen and Donato managed to get me to the correct doctors and get the correct care I needed to make the whole process smooth and less stressful. They always answered any question or concern with professionalism and courtesy. They always valued my time as I valued theirs. Definitely recommend this great firm!
Martin K.
I'm sincerely grateful to my noble Phillips Law firm legal experts for their integrity n intelligent work for making my accident to not go free in my paint injuries. God richly bless them, for bring settlement big cash to me.
Latosha E.
What can I say about Phillips Law group. I was involved in a major car accident and sustained injuries. I looked up for Law Firms in Arizona and stumbled across Phillips Law Group. I decided to give them a call about my accident, and they were very respectful and took in my case immediately. They assigned me Tim LeDuc to represent me. From the beginning, he was very responsive and made sure to give me the proper care I deserved from this accident. Him and his team fought tooth and nail to give me the best settlement I deserved. I am so thankful, and I highly recommend Phillips Law Group to represent anyone who has been in any accident and...
Emily N.
My case closed yesterday and I RAN to make this review because of how exceptional my experience has been with Phillips Law Group! I received the best settlement I could've hoped for and am extremely happy with the outcome; but I especially wanted to shout out and give praise to Julianna, the Litigation Paralegal on my case. From the moment Julianna was assigned to my case almost two years ago, until the completion of the settlement process yesterday, Julianna's commitment to exceptional customer service, clear communication, and unwavering support truly stood out. I had so many questions -- from the legal process, to where to seek medical treatment, to questions about medical bills, to the negotiation process, and more --...
Ari
I am very impressed by how much care and effort this group puts into helping the homeless. That’s not something you see enough, especially in this time of increasing need for community. It’s important to me to work with companies that align with my views, and I would definitely go to Phillips for any future personal injury lawyer needs.
Rich S.
Just would like to share my experience with Phillips And Associates. Ever since my accident in the first of the year, it was a life changing event for me and I finally decided to go with a personal injury attorney. I contacted Phillips And Associates and they made me feel like I was an actual person instead of a lot of other firms try to go with me like a number, Phillips And Associates has reached out to me in a kind, courteous and caring way they fully understand on the circumstances of the accident So far, Phillips And Associates has been absolutely wonderful. I truly recommend going with Phillips And Associates. Thanks (RuthAnn), your the Best!!! And Thank you...
Is It Possible to Settle a Child Injury Claim Out of Court?
Much like adult personal injury claims, a substantial portion of child injury lawsuits end with out-of-court settlements rather than damage awards imposed by a civil court. That said, court approval is still required for all settlement agreements for $10,000 or more in damages — and sometimes for less valuable settlements as well — made on behalf of injured minor children, to ensure the agreement properly serves the child’s best interests.
Additionally, any parent or guardian who obtains civil compensation through any means on behalf of an injured child may be required to funnel that money into a structured settlement or store it in a restricted bank account, to ensure that the funds are only used for the child’s benefit and that the child can take ownership of them once they turn 18. A child injury lawyer in Mesa can explain these and other unique rules for claims of this nature during a confidential consultation.
Verdicts And Settlements
$ 1,171,438
Personal Injury -Fall Down Stairs
$ 750,000
Personal Injury
$ 500,000
Personal Injury -Permanent Injuries, Fractured Arm and Ribs, Ligament Damage
$ 500,000
Personal Injury -Crushed Tibia, Fibula, Contusions
Talk to a Mesa Child Injury Attorney About Recovery Options
No child ever deserves to get injured because of an adult’s negligent or wrongful act, and they certainly should not have to deal with long-lasting and potentially life-altering losses as a result of such an accident. When your family is dealing with a situation like this, you have help available from dedicated legal counsel to minimize the negative impacts it will have on your child’s life.
Working with a Mesa child injury lawyer from Phillips Law Group can dramatically improve your chances of achieving the best possible outcome from your unique claim. Please call today to schedule a free, no-obligation initial consultation with a trusted member of our local team and find out how we can help you and your family now.