Children who suffer serious injuries at a young age may face developmental problems as a result of their injuries. Even teens whose bodies are still growing can face serious or even permanent health issues in their adulthood as a result of a serious injury. When people, companies, or other entities fail to exercise reasonable care, it can cause serious physical, mental, emotional, and financial damage to a child (anyone under 18 years old).
The Courts, to protect the child, make it a requirement that any child injury claim settlement for more than $10,000 be reviewed and approved by the Court as follows:
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 Prescott child injury lawyers 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.
In Arizona, several 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 for a child’s injury include:
It’s important to partner with a skilled Prescott child injury lawyer as soon as possible to make sure your child’s rights are protected.
To prove someone is liable for damages in Arizona, the plaintiff must prove the following elements:
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.
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.
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:
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.
It is important to speak with an experienced Prescott child injury attorney as soon as possible after your child is injured to make sure that you understand your legal rights and options and to take the necessary steps to protect your child’s legal interests. Delay usually means loss of important evidence over time as skid marks on the road, physical evidence of car damage, loss of recollections by witnesses, etc., all become less or gone over time.
When it comes to your child’s health and securing their future, it’s important to work with a qualified and experienced attorney who is ready to fight for your child as you would. At Jensen Phelan Law Firm, we’ve seen how liable parties and insurance companies try to squirm their way out of paying full and fair settlements despite the impact it may have on the injured person. Our attorneys with over 65 years of combined experience will aggressively pursue fair compensation and are ready to go to trial if necessary.
Jensen Phelan Law Firm offers a free assessment of your case, and our Prescott child injury attorneys can help you and your child not just understand your rights but determine the best course of action. Contact our firm today at (928) 778-2660 or complete our online contact form.