The Importance of Hiring a Law Firm that Successfully Handles Cases Involving Injuries to Children

Posted on February 25, 2016 by bermanstaff

Children are some of the most at-risk members of society when it comes to injury risk. Curiosity combined with an inability to understand the dangers of many threatening items or activities can result in an unpredictable situation. For this reason, the law turns to adults – property owners, manufacturers, parents, and more – to keep children safe. If you are the parent of a child who has been harmed in San Diego or surrounding areas, it is important that you hire a law firm that successfully handles cases involving injuries to children.

Most Common Injuries to Children

Some of the most common types of childhood accidents and injuries include:

  • Choking;
  • Lead poisoning (from childhood toys);
  • Car, bike, or pedestrian accidents;
  • Falls;
  • Drowning or near-drowning; and
  • Poisoning.

Who Is Liable When a Childhood Injury Occurs?

Liability in childhood injury claims can be complex, and certain rules that apply to adults (in certain case types) may not apply to children. Consider the following example:

Johnny is playing with his friends in a standard neighborhood. One of the kids remembers that the neighbors have a trampoline, and suggests that the kids – all of whom are very young – go jump on the trampoline. Because the neighbors have no fence, accessing and using the trampoline is easy. Johnny falls off of the trampoline and breaks his arm.

In the situation above, the owner of the trampoline may be held liable for Johnny’s injury.. This is because even though Johnny was trespassing at the time of the accident, the property owner would be held liable under the doctrine of attractive nuisance. The doctrine states that because of children’s age and inability to rationally understand dangers, property owners can be held liable for children’s injuries if they have something attractive – such as a trampoline – on the property and fail to take action to keep children from accessing the trampoline.

In other cases, children are protected under the same rights as would be anyone else. If a defective product or a product that is inherently dangerous causes injury to a child, the manufacture of that product may be held liable; if a car hits a child, the driver of that car may be held liable; if a child nearly drowns in a private pool, the owner of that pool may be held liable. Liability is dependent upon the specifics of the case and on negligence.

An Experienced San Diego Attorney Can Help

At Berman & Riedel, LLP, our experienced San Diego personal injury attorneys understand how important your child is to you, and how devastating an injury can be, especially one that would have been preventable but for irresponsibility. We will work hard to discover who should be held liable for your child’s injuries, how to file a claim, what types of damages you may be entitled to, and more.

Do not trust just anyone with your child’s future; trust the attorneys with the experience and skill set your case deserves. Call us now for a free consultation at 858-350-8855.


About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

bermanstaff
Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others. Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.
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FAQ

Frequently Asked Questions

Below are answers to common questions people have about personal injury cases and working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.

How Much Does It Cost to Hire a Personal Injury Attorney?

The attorneys at Berman & Riedel, LLP, accept cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.

You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.

Can You Tell Me How Much My Case Is Worth?

There is no way to determine the exact value of a personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.

There are many factors that may influence the value of your case, such as:

  • Your total financial or economic damages
  • The severity of your injuries
  • The impact of your injuries on your daily life
  • The strength of your case
  • Whether you share fault for your accident
  • Insurance policy limits 

Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs; however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate. 

If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.

During your consultation, and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.

Will My Case Go to Trial?

The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.

An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.

How Do I Know If I Need a Personal Injury Lawyer?

If your case involves mostly property damage or minor injuries, you likely do not need a lawyer to handle a claim with the insurance company. The more serious your injuries, or the more complex your case, the more important it becomes to seek experienced legal counsel.

Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for your accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.

Legal representation is also vital if your case involves a complex area of law such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.

Do You Accept Cases Outside of San Diego?

While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.

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