Accidents and other incidents involving adults usually result in a personal injury case. But what about cases when a child causes the injury or ends up being injured? According to Personal injury law, children don’t yet have the same well-formed judgment that adults do. And because of this, Personal injury law has created rules for compensation and liability regarding accidents where a child was involved.

Injuries to children

Accidents can happen. Every parent can confirm this. However, some injuries to children can result in a personal injury claim, especially when the cause of the injury is someone else’s carelessness. For injuries caused to your children, a school might be liable. That’s just one example.

Even though getting compensation for a minor (generally a person younger than 18) can be different from state to state, in general terms, a minor has the right for compensation for the same types of injuries/damages you will find in a personal injury claim for an adult. This includes, but it’s not limited to, payment for pain and suffering, permanent injury, emotional distress, and disability. Furthermore, the parent of the injured child can also have the right to be compensated, for medical expenses paid on behalf of its child.

Since a child cannot negotiate a settlement for a personal injury case, the parent usually negotiates on behalf of the child or hires an attorney. Some states require a judge’s approval before the claims can be settled. The approval process is usually very simple and straightforward. You fill out a few simple forms and file them with the court for approval.

Accidents Caused by Children

Liability for accidents caused by minors is established on the same idea of care and carelessness as accidents caused by adults. However, the same standards of care, that are normally expected from an adult, cannot be expected from a minor. Furthermore, carelessness implies that someone understands the risks, and minors don’t comprehend risks the way adults do.

When it comes to establishing liability for accidents caused by a minor, the law applies different standards to different age groups. Very your children (younger than 7) are generally not liable for accidental injuries. They’re simply too young to comprehend that they were careless and in what manner. This of course, doesn’t exclude the child’s parents or legal guardians for negligence and failure to control the child.

The child can be held liable for injuries it causes intentionally, once he/she is old enough and able to tell right from wrong. If one child intentionally hurts another child or causes material damage to a vehicle by throwing a rock at it, both the child that committed the intentional act and the negligent parents, may be liable.

In case of older children, they can generally be considered as liable for their negligent conduct and if they don’t behave carefully, which is measured by what their peers consider reasonably careful. Once the child reaches its mid-teenage years, he / she is held to almost the same standards as adults. For example, when driving a car, the minor is held to the exact same standards as adults are.

Since children don’t normally have a lot of their own money, and in case a minor is found liable, there are various ways an injured person can be compensated. First and foremost, actions caused by minors are usually covered by insurance. So if a minor is driving a car, the minor’s own car insurance or the owner’s car insurance (if the car is owned by the parent or employer) will cover the accident.

In cases where the accident doesn’t involve a vehicle, the homeowner’s insurance policy may cover the accident. In those cases, the victim will be dealing directly with the parent’s insurance company.

When there is no insurance that covers the minors conduct and you are seriously injured, you can pursue a personal injury lawsuit against the minor. If you get a judgment from a court which says how much the minor owes you, he/she will be paying for the damages as soon as he/she turns 18 (in most states) and starts earning income. However, these processed can take long and are only worth pursuing when the injury is extensive. In these cases, this will require help from a skilled attorney.

Parents’ Liability for Minors’ Car Accident

Minors driving a car or a motorcycle are usually covered by the vehicle’s insurance policy or if the car/motorcycle is owned by their parent, by the parent’s insurance policy.

When a minor is the registered owner of a vehicle but has no insurance, the majority of states hold the parents liable for the damages (from $5,000 to $25,000) caused by the minor. So when you’re involved in a car accident when the minor has no coverage or very little, you might be able to collect compensation from both policies (parent’s and child’s).

In 2020 What Does a Wrongful Death Lawsuits Include In Arizona?

Losing a loved one is a trying and difficult reality that many of us will face as sometime in our lifetime. Not only is it an emotional burden but deaths, especially unexpected ones, can be financially cumbersome. If you believe that someone else is at fault for the death of family member then you may have grounds to file a wrongful death lawsuit.

Wrongful Death Definition

Wrongful death claims are made when a defendant has allegedly caused someone’s death either negligently or through intentional harm. Wrongful death is a civil action that allows the estate of the deceased person to file a lawsuit against the party that is liable for the death. The suit is typically filed by an attorney on behalf of the surviving family members and other affected parties.

What Kind of Deaths Do Wrongful Death Lawsuits Include?

A good way to think of when a wrongful death claim is applicable is to ask, “Would the victim have filed a personal injury claim had they survived the offending incident?” This can come in a wide variety of forms including when, The victim was intentionally killed, murder is a criminal trial, but you can still seek financial compensation for the death of a loved one despite the outcome of a criminal trial. For example, OJ Simpson was acquitted in a criminal child for the murders of Nicole Brown and Ronald Goldman, however he was still found liable in a civil wrongful death case. The case was based on an intentional act. These specific civil lawsuits were brought by the victims’ families and separate from the state’s criminal case.

Medical Malpractice

If a doctor fails to diagnose a condition or if a doctor is careless to the level of incompetence then they may be open to a wrongful death lawsuit. Common examples include doctors being under the influence of drugs/alcohol, and doctors dismissing patients without giving a thorough examination.

Car Accidents involving Negligence

If a victim dies as a result of a car accident injuries, a wrongful death claim may be brought to the courts. The driver might be deemed negligent if they were intoxicated, texting or simply not paying attention while behind the wheel of the car.

Who Can File a Wrongful Death Claim?

A wrongful death claim is usually filed by a representative of the estate of the deceased victim. This is done on behalf of those who had a relationship with the victim, and it can vary depending on the state. In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Also, parents of minors can also bring a action forward if one of their children is killed. Similarly, minors can collect if their parents were killed. As the extended family reaches further and further, the states begin to differ as to whether those members have the right to file these suits (think distance cousins, aunts, etc…).

In some states, marriage is not a requirement to file a wrongful death claim, as long as you can show financial dependence on the deceased. If you think you are dealing with a wrongful death claim, give our office a call. We would be happy to help you file if necessary.

 


Contact Your Mesa Injury Law Firm Today

4140 E. Baseline Road Suite 101
Mesa, Arizona 85206-4677

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





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When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.

What Does a Typical Personal Injury Case Look Like?

When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.

What Happens After Filing a Case?

The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.

What Happens if I Win?

A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.

How Long Do I Have to File a Case?

Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.

Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.

Proving Negligence in a Personal Injury Claim In Mesa Arizona

When it comes to a personal injury case, the biggest factor that must be proven is negligence. Many people think of medical cases when this word pops up. However, this word applies to all personal injury cases. No matter the case, negligence must be proven. Keep reading for a further breakdown of what negligence means and how to prove it.

Duty – This refers to the duty a person had towards the person who was injured. For example, in a pedestrian accident involving a vehicle, the driver and the pedestrian have laws to uphold which is their duty to the people around them. In each particular case, it will be assessed whether or not the defendant had a legal duty in some way to the plaintiff. This is the first step.

Breach – Did the driver or pedestrian breach these duties? In other words, did they break the law and therefore fail at upholding their duty? It then must be proven that the duties the defendant had towards the plaintiff were breached or broken. However, it must be proven that this breach was done so in a manner that any reasonably prudent person might choose. There is a basic guideline that acts as a guideline for pointing out how the average person may breach their legal duties. If the attempted explanation of the breach doesn’t fall within these guidelines, then the defendant isn’t considered negligent. 

Causation – What caused the accident and was it because those duties were breached by either party? Once the other two steps are proven, the final step is to prove the injuries in question were actually caused by the breach of legal duties. For example, say someone sprained their knee a few days before the accident and then tried to pin that sprained knee on what occurred with the defendant. The way to prove this is by keeping detailed records of the injury. Take photos right away, go to the doctor to have official medical documentation, have witnesses, etc. This is the best way to prove how bad the injuries were and that they were definitely caused by the incident. An important factor to point out is that the defendant may be able to prove that they had no idea their actions would or could cause injury. For example, say a random act of nature was involved. If this is the case, then the liability wouldn’t fall on the defendant. 

Damages – What was the injury, or injuries, that were a cause of the accident? Did the vehicle sustain damage, did the pedestrian break their leg, etc. If so, did any of these incur medical charges or repair bills? If awarded, the plaintiff would receive damages for all of this. Often included is also emotional or psychological damages. Of course, damages are commonly in the form of money which goes to cover the expenses involved with the incident. Sometimes, damages can be other things, but it’s not as common as monetary sums.

If you or your loved one need help in proving negligence concerning a personal injury case, don’t hesitate to contact us for a consultation.

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





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Traumatic Brain Injuries are responsible for almost third of all injury deaths in the United States. Statistically, around 2.5 million hospitals visits were subdued during 2010 by this injury alone.

This life-threatening condition may result from a penetrating brain injury, the severe blow to the head, or even medical negligence. The qualified injury attorney can help a victim to better understand negligent actions or reckless, malicious acts and their legal options.

This type of injury can result in substantial financial situations in the form of medical bills, loss of wages or even loss of employment. Sometimes it can be the loss of autonomy, lifelong disability, and even death. If some link is established between the injury and the third party, that party may be held liable for some or all of the damages resulting from the injury.

Causes of Traumatic Brain Injury

Commons causes are falls, motor vehicle crashes and assaults. Some sports and recreation injuries are also caused in large numbers every year and under the age of 19. A concussion is one of the most common types of TBI. While the Center for Disease Control and Prevention classifies it as a mild form of a brain injury, a concussion can have long-term and even life-threating effects- especially with those with multiple concussions. In rare instances, a smaller shock may result in a dangerous blood clot forming in the brain.

Medical Malpractice related to TBI

A TBI legal claim may be filed against a medical provider if the injury or the extent of the damage is believed to have results from medical negligence. In legal terms- negligence is a failure to provide the same level of care that a reasonable person would have provided under the same conditions. Improper actions or omissions can also characterize it. Patience can be suffering from cognitive impairment after brain surgery so negligence may be a factor open for conversation. Also, an undiagnosed aneurysm or stroke may also be a factor. The brain surgery example describes a type of direct action, and the undiagnosed aneurysm describes an oversight or omission. Both can theoretically rise to the level of negligence. Acts like the following can be a claim for medical negligence:

Overly prescribing medication that results in neurological damage, failing to diagnose a brain injury or improperly administering anesthesia.

Medical malpractice claims

Medical negligence and medical malpractice are different and sometimes confusing. In medical malpractice cases, both the health care facility employs, and the medical provider can be defendants. Medical malpractice claims commonly have a shorter statute of limitations than other personal injury claims.

For example:

California typically allows a 2-year window for personal injury claims as indicated by California Code of Civil Procedure section 335.1. However, Sec. 340.5 stipulates that plaintiffs must file a malpractice claim within one year of discovering the injury. Similarly, New York allows three years for general personal injury claims under N.Y. Civil Practice Law and Rules section 214, but only two years and six months are permitted for malpractice claims (214-a).

Nursing Home Neglect

When it comes to our elderly loved ones, we try to do as much as possible for them and that includes keeping them safe. So, if the time comes where your loved ones may need to be placed in a nursing home due to the level of care needed, the last thing on our minds is the potential for nursing home injuries. No one wants to even think this is a possibility, but sadly it can be. There are several types of injuries that can occur in a nursing home due to falls, trips and slips, neglect, or even elder abuse. And if you’re not able to keep track of your loved one as much as you’d like, it’s possible this can all be happening behind your back without being reported.

So, if your loved one is injured in a nursing home and you believe the injury was not the result of a true accident, there are signs that you can look for to determine if there might be abuse occurring. Some of the most common signs of nursing home injuries caused by abuse are:

  • Dehydration or malnutrition

  • Asphyxiation

  • Head injuries or fractures

  • Infections

  • Bedsores

  • Bruises, cuts, or welts that appear out of nowhere

While some of these injuries listed can certainly occur due to innocent accidents, many others have a greater likelihood of being due to abuse, or neglect. Along with these injuries, you may also discover that your loved one has gone through changes in his or her mental state such as sudden withdrawal, noticeable agitation, a reluctance or refusal to speak with you when staff members are in the room, incessant rocking, or excessive flinching when touched.

If you truly believe your loved one has suffered a nursing home injury, make sure that you remove him or her from the situation if you think it will happen again. Always contact the authorities to have the situation addressed properly. If something questionable is happening, don’t let it happen to others.