Are you looking for a child injury lawyer in San Jose?
Each year, many children are seriously injured in accidents that were caused by the negligence of others. It can be devastating for parents when their children are injured. When the injury was someone else’s fault, the parents might want to consult with experienced child injury lawyers in San Jose. Our attorneys are compassionate and are experienced in handling child injury cases throughout the San Jose area.
Common causes of child injuries
According to the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the most common causes of child injuries in the U.S. include the following:
- Motor vehicle accidents
- Suffocation
- Drowning
- Poisoning
- Burns
- Falls
Other common scenarios that are often involved in child injuries include bicycle versus car accidents, birth injuries, defective toys or animal attacks.
Frequency of child injuries
The Centers for Disease Control and Prevention reports that an estimated 12,000 children between the ages of 0 and 19 die each year from unintentional injuries. The CDC also estimates that approximately 9.2 million children receive emergency treatment each year after being injured.
How and when to establish liability for a child injury in San Jose
Not all child injuries will be compensable. However, if the injury to your child happened because of the negligence of another person or entity, you may have a valid basis for filing a lawsuit against the responsible party. The type of lawsuit that you might file will depend on the type of injury accident that your child suffered. For example, if your child was bitten by a dog, the claim will differ from a case involving an injury from a defective product. Your lawyer can help you to determine the type of personal injury lawsuit to file and the elements that you will be required to prove.
How to get compensation when your child has been injured
If your child has been injured by the negligence of another, your attorney may file a claim against the responsible party in the court that has jurisdiction to hear the case. Your lawyer may send a demand letter to the other party. If the defendant does not accept the demand, the attorney may file a formal lawsuit in court. After a civil complaint has been filed, the defendant will be given time to file his or her response. The case will then move into the discovery phase of the lawsuit. During this period, both sides will have to exchange information with each other. You might also expect there to be interrogatories and depositions. Most lawsuits are resolved before they reach trial in a settlement. If a fair settlement cannot be negotiated, the case will proceed through a jury trial and a verdict.
Why you should contact an experienced San Jose child injury lawyer
While it is possible to file a lawsuit without getting legal help, an attorney who is experienced in handling the different types of child injury claims may be likelier to recover damages that are sufficient to reasonably compensate their clients for their losses. Contact an experienced child injury lawyer in San Jose today to learn more about your rights.
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