No parent ever wants to think that another adult might be irresponsible enough around children to cause an accident that results in a young person sustaining life-altering harm. Unfortunately, that exact scenario plays out every day across the state of Arizona, and even if your child’s injury will not have permanent consequences, the short-term physical, financial, and emotional harm that this sort of incident can cause should not be forgotten or forgiven — at least, not until you demand fair financial restitution for them.
Filing a lawsuit over an injury that your child sustained through someone else’s negligence can be complicated on numerous levels, and guidance from a compassionate Prescott child injury lawyer can be vital to achieving the best possible case result. Fortunately, you have help available from the experienced personal injury attorneys at Phillips Law Group, where we have decades of experience helping families just like yours all over the Phoenix metro area.
While it is certainly understandable for a parent to be upset about any situation that leads to their child experiencing a physical injury, it is worth emphasizing that not every injury sustained by a minor can necessarily serve as grounds for civil litigation. Just like if they were filing suit on their own behalf after getting hurt in an accident themselves, a parent or guardian suing on an injured child’s behalf must prove that the “defendant(s)” they are filing suit against directly caused the injury in question by recklessly or carelessly violating a “duty of care” they owed to the injured child.
Fortunately, there are various circumstances under which adults owe more extensive “duties” to children than adults, which means they may be liable for injuries to children when they would not be liable for an injury to an adult. For example, thanks to the “attractive nuisance” doctrine, a Prescott child injury attorney can help file suit against a property owner who fails to prevent curious young children from accessing dangerous property features like swimming pools without their knowledge, even though landowners in Arizona are usually not liable for accidental injuries to adult trespassers.
Other scenarios that could result in a civil claim include motor vehicle accidents, slips and falls, sports injuries, negligent supervision, bus accidents, and more.
Another thing worth noting about child injury litigation in Arizona is the unique way in which statutory filing deadlines are handled for this sort of claim. If a parent or guardian wants to file suit on behalf of their injured minor children, they are bound by the same two-year “statute of limitations” as they would be if they were suing on their own behalf over their own personal injury.
However, if a minor child wants to file suit on their own behalf, they can “toll” — or pause — the starting point for that two-year filing deadline until their 18th birthday, at which point they would be legally allowed to represent themselves in court. A child injury lawyer in Prescott can discuss what time limits might apply to a particular prospective case during a free, no-obligation consultation.
Every child deserves to grow up safe and free from any harm coming to them through the misconduct of an adult. Unfortunately, not every child gets what they deserve in this regard. If your child has been injured through another person’s negligence, it may fall to you as their parent or guardian to demand fair financial restitution on their behalf.
Support from a seasoned Prescott child injury lawyer can make a huge difference in your ability to build a strong civil claim and get every cent of compensation your child needs. Call today to speak to a member of our team here at Phillips Law Group and learn more about your legal options now.
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