Child Injury Auto Accident

Child Injury Auto Accident

Do You Need a Child Injury Auto Accident Lawyer?

No one wants to think of a child getting injured in an auto accident. The situation is even worse when an insurance company fails to pay the medical bills. Because minors cannot file a lawsuit, a parent must act on their behalf to help them receive compensation. Accident lawyers have experience with these matters and can get a settlement offer from the insurance company or pursue a case in court.


What should you do post-accident?

After an auto accident involving a child, it is important to get a copy of the police report and proof of the accident. An accident lawyer uses this information to establish fault and to help the adverse driver’s insurance company pay for the damages to the young passenger.  This also places all of the responsibility to pay the medical expenses on the other driver’s insurance. Unfortunately, an insurance company might refuse to pay these bills initially, or more compensation may be required.  At this point an attorney may need to file a personal injury lawsuit on behalf of the child.  The child’s guardian or parent(s) are named on the lawsuit as their legal representative.


How to sue on behalf of the child?

Personal injury cases can usually only be made by the person who suffered the injury through no fault of their own. Compensation in these cases is designed to cover pain and suffering, as well as medical costs and loss of future earnings. A child is unable to legally bring their own claim against a third party, although the law allows a parent or guardian to do so on the child’s behalf. This parent or guardian, or legal representative, must be of fault for the accident. An accident lawyer can help a parent learn about filing a lawsuit for the child after an auto accident.  Unlike adults, a minor has 2 years after becoming an adult (18 years of age) to file a lawsuit.


Should you accept a settlement after a child injury auto accident?

After a lawsuit is filed against a third party insurance provider, it is not uncommon for the company to offer a settlement. These settlements also release the company from any further liability. When an offer is received it is crucial to consult with an accident lawyer to make sure the amount offered is enough to cover all medical costs as well as other expenses to care for the injured child.

Although no parent wants to consider what will happen if their child is injured in an accident, it is necessary understand that the law has set up a way for parents to receive compensation on their child’s behalf. Accident attorneys often specialize in cases like this and help parents and guardians receive a settlement to take care of their child.
The funds of the child are left in a secure account 

After the settlement of a minor’s injury case, a conservatorship must be opened where a probate judge has to approve the settlement, attorney’s fees and costs.  The judge may reject the settlement and force the parties to go to trial.  Thus, the plaintiff’s representative (the minor’s parent or guardian) must be prepared to explain why this amount was accepted on behalf of a minor.  Once approved, the funds of the minor will go into a protected bank account.  The funds cannot be withdrawn before the minor is 18 years of age, but the minor’s parent or guardian may petition the court to release the funds before that time for the child’s benefit (school, medical needs).

Contact our office if you family has experienced a child injury auto accident.


Tucson Daycare Negligence

Tucson daycare negligenceDaycare Negligence Attorney

It is very important that you pay special attention when selecting a daycare for your children.  The State of Arizona has reported neglect and even abuse at these facilities.  The injuries to children from daycare negligence typically include physical damage and long lasting emotional losses after daycare negligence.


What is Daycare Negligence?

When negligence is an issue in the case it is the duty of the court to define it and apply the pertinent facts thereto whether requested to do so or not. Southwest Cotton Co. v. Ryan, 22 Ariz. 520, 199 P. 124; Reah v. Jupin, 68 Ariz. 335, 206 P.2d 558, 559; Riser v. Herr, 187 Okl. 211, 102 P.2d 178; Sartin v. Moran-Buckner Co., 189 Okl. 178, 114 P.2d 938. Stallcup v. Coscarart, 79 Ariz. 42, 282 P.2d 791 (Ariz., 1955).


Typical negligent and abusive actions at Tucson daycare centers include:

  • Failing to properly feed the children at the daycare.  Malnutrition, or feeding the children foods that they are allergic to, can cause severe harm to the children under the care or negligent providers.
  • Failing to provide a safe environment, or safe premises.  An unsafe environment can lead to injuries, including the loss of fingers, severe head injuries, choking, or allowing the children to have access to medicines or toxic substances.
  • Failing to screen employees (negligent hiring).  Day care centers must screen potential employees by conducting background checks and proper interviews.  These checks can keep incompetent or dangerous employees from caring for your children.  Unfortunately, these checks do not occur all the time, and the losses to children can be devastating.


Only those qualified to provide care should be hired by a daycare.  Any deviation from the highest standards constitutes daycare negligence can cause injury to children.  Accidents after daycare negligence are common and they may occur even after a little lack of supervision from the employees.


daycare negligence

Common day care accidents and injuries


Injuries after daycare negligence occurs may include:

  • Accidents Involving Toys.  Toys that have been involved in safety recalls, or toys that are too little for children should not be used at day cares.  Children may be injured by these small or unsafe toys.  Choking incidents have been reported.
  • Accidents Involving Other Children.  Children at the daycare may hurt each other if they are not supervised properly.  The persons providing care for the children should be familiar with the children’s behavior and should take precautions to prevent the children from causing injury to one another.
  • Injuries Involving Food.  Food poisoning may occur from spoiled or contaminated food.  Other children may have an allergic reaction to certain foods and may even need hospital care.
  • Physical Injuries.  Cuts, bruises, and broken bones may indicate that the child’s injury was caused by abuse or negligence.


Lawsuits Against After Daycare Negligence


The personal injury attorneys at the Lara Law Firm can help you file a lawsuit so that you receive just compensation for the harm incurred by your child.  You won’t pay us anything unless we win your case.  Our contingency fee allows our clients to have their case fully resolved without any cost to the victims.


Contact a Tucson injury lawyer from our office today so that we may begin working on your case.