Question 1

How Can a Children’s Injury Lawyer Help You?

Accepted Answer

One of the most vulnerable groups in our population is children. When children are injured by the negligence of others, the entire family is affected and often devastated.

If a child is injured by the negligence of others and the injury is permanent and catastrophic, parents worry about how to take care of their child in the future. 

At Vaage Law, we understand the special needs of injured children and their families and how to account for the too-often overlooked emotional and financial costs to the family. For example, in a case where an infant was injured by the negligence of multiple Kaiser healthcare providers, we obtained a $25.3 million post-arbitration award for the now 9-year-old. The case required multiple pediatric experts and involved the creation of a Special Needs Trust and an annuity, and negotiating reduction of a Medi-Cal lien. 

Reach out to us by calling our San Diego offices at (619) 292-0164, or by filling out our online contact form. We will work tirelessly on behalf of you and your child.

Question 2

Is It Worth It to Sue for a Child’s Injury?

Accepted Answer

In many instances, yes, filing a lawsuit for your child’s injury is worthwhile. This is true if you need financial support to ensure your child has the best care possible, and also to help improve safety standards and protocols for other children.

A child injury lawsuit could provide:

Coverage of past and future medical bills for emergency and ongoing care by specialists
Replacement of lost wages should your child not be able to work in the future
Pain and suffering compensation for the anguish, panic, discomfort, and other harms and losses your child had to endure, as well as the psychological stress experienced by all involved
Punitive damages, aka “punishment” damages in cases where your child’s injury was caused by malice, oppression, or fraud by the defendant
Wrongful death damages if a child’s injury causes or contributes to their death. The loss of a child is the loss of all their love, potential, and the joy they should have experienced in life, and deserves full accountability under the law. With the passing of new legislation effective January 1, 2022, Californians are now able to claim the emotional distress damages of the decedent.
A lawsuit filed on behalf of your child can also lead to potentially life-saving reforms in safety standards and emergency procedures. This is especially true if your child was injured at school, in daycare, or while playing a sport. By pursuing a lawsuit for your child, you may help save other children from experiencing the same injury.

Standing up for your child’s rights can lead to potentially life-saving reforms in safety standards and emergency procedures.

Question 3

What Are Common Injuries for Kids?

Accepted Answer

Children spend many of their formative years falling down, having accidents, and getting injured. Not all of these injuries will qualify for a lawsuit as they’re considered accidents without negligence. For example, if your child is hurt falling off a bike because they lost their balance while learning, that could be considered a “normal” accidental injury. 

Natural accidents are different from injuries caused by potential negligence like:

Dog bites
Burns
School bus accidents
Poisonings
Carnival ride injuries
Physical or sexual abuse
Medical malpractice
Wrongful death
 

Normal accidents happen with kids, but if a teacher or caregiver leaves children unattended, any resulting injury could have and should have been prevented. It’s why there are child safety caps on medications, covers for stove controls, and locks on the shop class tool room door. This is where the law can help your child and hold any negligent parties accountable for such serious mistakes.

Contact a child injury lawyer at Vaage Law today by calling (619) 292-0164 —we are ready to discuss your options and help improve your child’s future.

Question 4

Can I Sue My Child’s School for an Injury?

Accepted Answer

This depends on the state and the injury type.

In California, where Vaage Law is headquartered, schools can be held liable for some injuries that occur on school premises, or during school-sponsored activities off-grounds. There are many liability shields in place, however, and the necessary component of suing a school for injury is a breach of care or duty. 

How negligence is proven depends on the individual circumstances that harmed your child. Whether it was a teacher’s failure, the administration’s failure, or a policy failure must be established with evidence. Your attorney will research and document the evidence on your behalf.

Empower a school injury lawyer from Vaage Law to seek justice on behalf of your child by reaching out to us today.

Question 5

Is a School Liable for Injuries?

Accepted Answer

Once again, school liability regulations vary state-to-state, and sometimes between districts and counties. There are robust liability shields for schools which mean, essentially, that when you elect to send your child to school, you waive certain rights to sue for injury. 

A good example for why there is limited liability is because of physical education or P.E. classes. There is a normal, reasonable expectation that a child might get hurt during sports and healthy play. Knowing this, most schools have a nurse’s office, and train their teachers in basic first aid protocols for scrapes or cuts, broken bones, or allergic reactions to nature (like poison ivy or bee stings).

Daycares and schools do have a legal obligation to act with reasonable care when it comes to the children they are supervising. When an injury results due to a failure to act with reasonable care, individuals and schools can indeed be held liable. For example, if a student was injured because they were able to access toxic or flammable materials that are normally locked up in an art or science classroom, your lawyer could make a strong argument for negligence directly leading to harm. 

Do not assume that you can’t sue over your child’s injury without first consulting an attorney. Call Vaage Law at (619) 292-0164 to discuss your circumstances—we are well-versed in the subtleties and requirements of the law, and can provide a clear picture of your options for legal action.

Question 6

Is illness considered a child injury?

Accepted Answer

Sometimes, yes. While children often exchange germs and parasites (like common colds or hair lice), schools and daycare centers must still act appropriately to keep all children safe. For example, if one child spikes a fever, they are isolated in a nursing office or sent home, and lice checks are performed after an outbreak to contain the spread.

However, if your child gets food poisoning from undercooked cafeteria food, that illness could be considered an injury. This is because there was a failure in the duty of care, and a wholly preventable harm was caused because of that failure.

Question 7

Is spanking considered a child injury?

Accepted Answer

As far as public schools are concerned, California does not allow corporal punishment. Teachers who strike or spank a child in California could be charged with child abuse or assault and battery, and you would likely have a valid child injury case to pursue.

Question 8

What are federal child injury laws?

Accepted Answer

The Child Abuse Prevention and Treatment Act (CAPTA) was passed in 1974 and provides extensive regulations regarding child abuse. Those rules and definitions include an ethical component regarding the treatment of all children, and the intended goal of protecting them from injuries and harassments of a mental, physical, or sexual nature.

Question 9

How long do I have to file a children’s injury case?

Accepted Answer

The simple answer is “it depends.” A personal injury claim may have one set of deadlines while a medical malpractice claim has yet a different set. Public entities may require a claim to be filed before filing a lawsuit. These deadlines are known as “statutes of limitations” and they vary depending on the type of injury. When Vaage Law looks at a potential case, the first thing we do is try to establish who the potential defendants/wrongdoers are and the nature of the claims.

If you have questions about your specific circumstances, contact an experienced attorney who practices in your area right away for individual advice. 

Vaage Law has over 150 years of combined legal experience and has recovered more than $175 million for our clients. We are headquartered in San Diego, and can be reached online or by phone at (619) 292-0164 to answer your questions.

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