Arizona Child Injury Lawyers
Strong advocacy for children and parents when personal injuries harm youngsters and teens
Children need adults to act responsibly. Responsibility includes being aware of where children are present, what risks of injuries children have, and ensuring their safety. When children suffer injuries in car accidents, while on the property of others, due to defective products, or for other reasons, our Phoenix and Tempe personal injury lawyers have the experience and resources to hold the people and businesses that failed to protect your child accountable.
At Verderame Law Group Arizona Injury Lawyers, we understand the unique issues involved in representing children who suffer personal injuries. These challenges include the ability to prove fault, to understand your child’s immediate and long-term healthcare needs, and to seek the full compensation your child deserves.
Many of our lawyers and staff are parents, so we know how upset you are. We represent parents and children when babies, infants, toddlers, pre-teens, and teens suffer harm. Call us today to assert your child’s right to compensation.
How can we help?
- What kinds of Arizona accidents cause children to suffer injuries and deaths?
- What types of injuries to children do accidents cause?
- How does the personal injury claims process differ when children suffer harm than when adults suffer harm?
- What is the time requirement for filing a personal injury claim for a child?
- What is the value of my child’s personal injury claim in Arizona?
- Do you have an Arizona child injury lawyer near me?
What kinds of Arizona accidents cause children to suffer injuries and deaths?
Our Phoenix child injury lawyers represent children and their parents when many different types of accidents harm children. The child injury accidents we handle include the following:
- Car accidents. Parents and drivers have a duty to properly secure children who ride as passengers. There are specific Arizona laws that govern car seats for children, depending on their age. Drivers should use caution whenever a child of any age is a passenger. Parents may be liable if their teenager uses their car and causes an accident that injures a child.
- Birth injuries. We hold obstetricians, hospitals, and other healthcare delivery providers accountable when they fail to anticipate or respond to known birth delivery dangers, such as oxygen deprivation, the use of forceps, placenta abruption, and other dangers. Delivery doctors should protect your child before, during, and immediately after the delivery.
- Dog bites. Children, especially young children, often don’t appreciate how dangerous dogs can be. Dog bites can cause infections, puncture wounds, broken bones, other injuries, and death. We hold dog owners strictly liable for the injuries their dogs cause, regardless of whether the owner was negligent.
- Premises liability accidents. Property owners generally must be aware that children may use the owner’s swimming pool, trampolines, and other attractive nuisances – even if the child is trespassing. Property owners generally have a duty to protect children who legally have the right to be on the owner’s property from known dangers and dangers that should have reasonably been discovered.
- Defective products. The manufacturers of products that harm children, including products that are specially designed for children (such as clothes, toys, electronic devices, bicycles, and cribs), may be liable if their product is defective and the defective product harms your child.
- School activities. Schools, school districts, school bus drivers, and other school workers may be liable if they fail to protect your child from harm.
- Playground accidents. The entities that operate playgrounds have a duty to inspect the equipment that children use and take other steps to protect children. The defendants may include schools, daycare centers, private entities, and governmental entities such as local towns and counties. Claims against government entities (like public schools or city parks) generally require a formal Notice of Claim to be filed within 180 days after the claim accrues, with special rules for minors.
We also file personal injury claims when accidents occur due to:
- Pedestrian accidents
- ATV accidents
- Scooter accidents
- Accidents due to the lack of daycare supervision
- Community organization accidents
- Daycare negligence and supervision failures
- Amusement park accidents
What types of injuries to children do accidents cause?
Our Phoenix personal injury lawyers work with your doctors and our network of doctors to verify the diagnosis of your child’s injuries and to understand every way your child is suffering now and will continue to in the future. We handle catastrophic, permanent, chronic, and serious injuries.
Some of the many injuries that children can suffer include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Burn injuries
- Traumatic amputation/loss of limb
- Cerebral palsy, Erb’s palsy, HIE, and many other birth injuries
- Rabies, puncture wounds, and infections from dog bites
- Internal bleeding and organ damage
- Broken bones/fractures
- Tissue, muscle, nerve, ligament, and tendon damage
- Loss of hearing
- Loss of vision
- Electrical injuries, including electric shock
- Scarring and disfigurement
- Sexual assaults
- Choking
- Crib injuries
- Sudden unexpected infant death (SUID) cases, including sleep-related suffocation
- Death
In addition to their physical injuries, children may suffer cognitive, developmental, and emotional injuries.
How does the personal injury claims process differ when children suffer harm than when adults suffer harm?
At Verderame Law Group Arizona Injury Lawyers, we understand the unique challenges in representing children, including the following:
Who files the claim?
If a child suffers injuries, normally the parents file the personal injury action on behalf of the child. In some cases, it may be necessary for the court to appoint a guardian ad litem for the child. We can help ensure that the correct claim is filed on behalf of your child.
How are injuries to children different?
Injuries to children are more complicated than injuries to adults for several reasons:
- Children are continuing to grow, which can affect the diagnosis of the injuries and what treatments are necessary. For example, the dosages of medicines generally are smaller for children than they are for adults.
- Doctors need to understand how the injuries will affect your child as your child grows and when your child reaches adulthood.
- Children, especially young children, have difficulty saying what hurts, where it hurts, and how it hurts.
- Children, especially young children, have difficulty explaining what caused the accident.
What if my child were partially responsible?
There are different standards of liability for children than there are for adults in Arizona. Arizona uses a comparative negligence standard. This means that when an adult is partially responsible, a jury award is reduced by the percentage of the adult’s fault, whether the adult is 1 percent or 99 percent responsible.
In Arizona, children under 7 are presumed incapable of negligence. The negligence of children between 7 and 17 is judged based on their education, maturity, and other factors.
Does my child have to appear in court?
Your child does not have to go to court if your case settles. If it becomes necessary for a trial, the judge will normally work to make sure your child is comfortable. The judge may question or allow the defense to question in the judge’s chambers or where only the jury is present, not the public.
Another alternative to appearing in court is for your child to answer questions at a deposition, which is less scary and less formal than a trial. Depositions normally take place at a lawyer’s office.
We work with child psychologists and other professionals who can help your child explain what happened and what hurts.
Who pays for your child’s medical bills before there is a settlement or verdict?
This typically depends on whether you have private insurance for your child. In some cases, Medicaid or CHIP will cover some of the bills. We also work with your child’s healthcare providers to postpone requests for payment until your case is resolved.
How are the settlement or verdict proceeds handled?
After court approval, the insurance proceeds or payments from the personal injury action may be placed into a structured settlement, annuity, trust, or another arrangement until the child turns 18. These methods may last beyond 18 in some cases, such as if your child is not competent to handle their finances.
The court generally must review any settlement to ensure that it is in the best interests of the child.
What is the time requirement for filing a personal injury claim for a child?
Personal injury victims in Arizona must file a formal complaint within two years of the date of the accident in most cases. Typically, the statute of limitations is tolled until a minor turns 18. While the child's right to sue for pain and suffering is preserved until age 20, the claim for medical expenses often must be filed by the parents within two years of the accident.
Please contact us as soon as possible so we can investigate the accident, review your child’s medical care, and explain your rights and your child’s rights.
What is the value of my child’s personal injury claim in Arizona?
When children suffer injuries, they may need medical care and may suffer financially and personally well past the time they become adults.
We seek compensation for all of your child’s past, current, and future damages, including:
- Medical bills of every nature by every healthcare provider
- Your child’s daily physical pain and emotional suffering
- The loss of any income based on their reasonably working abilities
- Any loss of bodily function
- The loss of life’s pleasures
- Any scarring or disfigurement
- Special education services, if necessary
- The expense and lost income of parents who care for their child
- Punitive damages where Arizona law permits
Do you have an Arizona child injury lawyer near me?
Our Phoenix office is conveniently located at 316 E Flower St., Phoenix, AZ 85012. We also have an office at 5500 S Lakeshore Dr., Tempe, AZ 85283. Our lawyers meet parents and children away from the office when necessary. We also consult with clients by phone and through online video consultations.
At Verderame Law Group, we’re here to guide you and your child through each step of the claims process.
Get help from our experienced Phoenix child injury attorneys now
Verderame Law Group Arizona Injury Lawyers has been a strong advocate for personal injury victims since 1991. We’re prepared to work aggressively to fight for your child’s future. For help now, please call us or fill out our contact form today to arrange a free consultation.
We handle personal injury cases on a contingency fee basis.