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Do I Need an Arizona Personal Injury Attorney If My Child Is Injured?

Posted on October 30, 2022 in

Parents dread the possibility of their child being injured. Children are constantly running around and testing their limits, so they’re bound to get a few minor cuts and bruises. However, it’s important to recognize and understand the difference between honest accidents and an injury caused by another person’s negligence. Children who are injured by another person or entity’s actions are likely entitled to fair compensation. 

Arizona Courts, to protect children’s rights, make it a requirement that any child injury claim settlement for more than $10,000 must be reviewed and approved by the Court this way:

The court may appoint a guardian ad litem pursuant to A.R.S. § 14-1408 or a master pursuant to Civil Rule 53, with instructions to address specific items, including any of the following:(1) the reasonableness of the settlement proposal,(2) the attorney fees to be paid from the minor’s or adult’s settlement proceeds,(3) the costs of litigation and apportionment of those costs,(4) the effect of the settlement on eligibility for public benefits or other resources that might be available, and(5) the proper apportionment of settlement proceeds among the various litigants.

At Jensen Phelan Law Firm, experienced and specialized personal injury attorneys have the resources and skills to help you and your child secure full and fair compensation. It’s difficult enough to pursue a personal injury claim as an adult, but when a child is injured, emotions are understandably heightened. Based on our experience since 1974, Jensen Phelan Law Firm offers the legal services and compassion you need to pursue the best possible outcome. We do not over-charge for our legal services in obtaining Court approval for a child’s injury settlement.

Who Can Be Held Liable For a Child’s Injury?

In Arizona, nearly all negligent parties can be held liable for a child’s injury, depending on the circumstances surrounding the injury. Some of the parties that can be held responsible include:

  • Property owners: If a child is injured on someone else’s property due to hazardous conditions, such as a broken staircase, an unfenced swimming pool or lack of supervision, the property owner can most often be held liable.
  • Drivers and other motorists: Drivers and other motorists, such as truck drivers or motorcyclists, are required to exercise reasonable care. When they fail to meet those standards and they harm a child, they can be held liable.
  • Product manufacturers: Product manufacturers are legally required to make sure their products are reasonably safe for the target consumer. If they fail to check a product’s safety and a child is injured due to a defective product, such as a faulty car seat or a defective toy, the manufacturer of the product can be held liable.
  • Schools or daycare centers: If a child is injured while under the care of a school or daycare center and the injury was caused by negligence or inadequate supervision, the school or daycare center can be held liable.
  • Healthcare providers: When a child is injured due to medical malpractice, such as a surgical error or a misdiagnosis, the healthcare provider responsible for the child’s care can be held liable.

It’s important to partner with a skilled lawyer as soon as possible to make sure your child’s rights are protected.

How to Prove Liability For a Child’s Injury Claim

To prove someone is liable for damages in Arizona, the plaintiff must prove the following elements:

Duty of Care

The defendant owed a duty of care to the child. This means that the defendant had a legal obligation to act in a way that would not cause harm to the plaintiff.

Breach of Duty

The defendant breached their duty of care by acting in a way that fell below the standard of care that a reasonable person would have exercised in the same situation.


The defendant’s breach of duty caused the plaintiff’s injuries. This means that if the defendant had not acted negligently, the plaintiff would not have been injured.


The plaintiff suffered damages as a result of the defendant’s actions. Damages may include medical expenses, lost wages, and pain and suffering.

How Can an Attorney Help After a Child Injury Accident?

If your child has been injured in Arizona, you may be able to file a personal injury claim on your child’s behalf. Here are the steps to follow to file a child injury claim in Arizona:

  • Seek medical attention: The first and most important step is to seek medical attention for your child’s injuries. Even if the injuries seem minor, it is important to have them evaluated by a healthcare professional.
  • Gather evidence: Collect any evidence related to the accident, such as photographs, witness statements, and medical records.
  • Contact an attorney: Contact an experienced personal injury attorney who can help you evaluate your case and determine whether you have a valid claim.
  • Notify the responsible parties: Notify any parties that may be responsible for your child’s injuries, such as property owners, product manufacturers, or healthcare providers.
  • File a claim: Your attorney can help you file a claim with the responsible party’s insurance company, outlining the details of the accident and the damages suffered by your child and your family.
  • Negotiate a settlement: Your attorney can negotiate with the insurance company to obtain a fair settlement for your child’s injuries and other damages.
  • Consider filing a lawsuit: If a settlement cannot be reached, your attorney may recommend filing a personal injury lawsuit on behalf of your child.
  • Get Court approval for any settlement of the child’s injury claim (which the paying insurance company will require as a condition of settlement).

It is important to note in Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, when a child is injured, the statute of limitations may be different, generally one or two years after the child’s 18th birthday.

When it comes to securing fair compensation for your child and holding the responsible party accountable, it’s imperative to secure a knowledgeable attorney specializing in child injury claims. At Jensen Phelan Law Firm, we have handled many child injury cases and can help guide you through any type of child injury claim with our over 65 years of combined experience. We know that making sure your child is safe is of the utmost importance, so we take great pride in fighting for you and your child’s best interests so you can focus on what matters most—caring for your child. 

Why You Need an Arizona Child Injury Attorney-Present and Future Reasons

Children are still growing, so getting injured doesn’t just hurt them but it can impact their future health, causing restrictions and limitations of function which affect the adult they will become. When a child is injured, all the family feels that impact. The family’s focus is on helping the children recover now. As a result, a future personal injury claim can slip through the cracks. 

Fortunately, families don’t need to tackle this process alone. A personal injury attorney who specializes in child injury can provide legal guidance and representation in the event that you need to pursue fair compensation on behalf of your child. 

Retaining a child injury attorney as soon as possible is crucial because they can provide you with the following:

  • Legal knowledge and experience: Personal injury attorneys have extensive knowledge of the laws and regulations surrounding personal injury cases in Arizona. They can help you understand your legal rights and options.
  • Protecting your child’s right to compensation: Arizona’s statute of limitations is strict, and while it’s understandable that an insurance claim or lawsuit is not the top priority after your child is injured, if the statute of limitation passes, you risk losing the right to pursue fair compensation. An attorney can make sure all deadlines are met to protect your child’s right to fair and maximum compensation.
  • Negotiation with insurance companies: Insurance companies often try to minimize the amount of compensation that they offer for your child’s injuries by unfairly denying or undervaluing your claim. A personal injury attorney can help you negotiate with the insurance company to make sure that you receive fair compensation for your child’s injuries.
  • Court representation: If your case goes to court, a personal injury attorney can represent you and your child’s interests in front of a judge or jury.
  • Medical expertise: Personal injury attorneys often work closely with medical experts to assess the extent of your child’s injuries and determine the appropriate amount of compensation. 

Consulting with a personal injury attorney can provide you with peace of mind and help you navigate the legal process more efficiently, ensuring that your child receives the appropriate compensation for their injuries.

Find a Skilled Child Injury Attorney at Jensen Phelan Law Firm

For a parent, there’s nothing quite as terrifying as seeing their child injured, especially when it could have been prevented. At Jensen Phelan Law Firm, we are dedicated to helping parents and children navigate the complexities of personal injury law so that they have the tools they need to successfully secure fair compensation. 

When you retain the child injury attorney at Jensen Phelan Law Firm, you can be confident that you’re retaining the best specialist injury lawyers who offer top legal representation that achieves large award results. Call (928) 778-2660 or complete our contact form to schedule a consultation. At Jensen Phelan Law Firm, we offer a free assessment of your case and an explanation of your rights.