How a Lawyer Can Help Bring a Claim Based on a Child Injury
If an accident causes an injury to a child, a lawsuit can hold someone accountable based on what happened. A claim might depend on a person’s negligence or the liability of a property or business owner.
A negligence claim requires evidence of several legal elements, including a duty of care, breach of that duty, and causation of injuries expressed as damages (e.g., medical expenses, property damage, and pain and suffering). An attorney could gather medical records and eyewitness accounts to show that a defendant unreasonably created the risk and accident.
In the case of an accident in a business or on someone else’s property, the owner may be liable for injuries based on that ownership (also known as premises liability). Instead of evaluating reasonableness, a lawsuit will involve evidence of the business owner’s failure to take proper precautions to guard against harm coming to customers and other invitees.
No matter the exact theory of liability, you will need sufficient evidence and must present that evidence in court according to the court’s procedural rules. You must also file their claim within the statute of limitations, which is set at two years by California Code of Civil Procedure § 335.1.
Working with our Bakersfield attorney could enable you to bring a lawsuit on behalf of your child to prove their injury case. By gathering evidence, communicating with the court and opposing counsel, and representing your interests, our attorney could guide your claim to its conclusion.
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