SPECIAL CONSIDERATIONS AND LEGAL PROTECTIONS FOR AN INJURED CHILD CLIENT BEFORE AND DURING AN INJURY TRIAL:
When children do have to testify at a trial or hearing, rest assured that the trial judge will go to great lengths to make sure that neither lawyer asks the child any leading questions (questions that suggest the answer), and that the child is not in any minor way harmed or intimidated by the questions, or treated with anything but respect. Every case is unique and every child injury is different, and your injury lawyer can best counsel you as to whether or not your child must attend should the case proceed to trial.
If a case is before trial, in what is called the “discovery phase” (time when the defense obtains answers in written and verbal format), and the defense attorney would like to depose the minor child in a formal “deposition” (an answer and question interview done under oath in front of a court reporter), the plaintiff attorney who represents the minor child has great leeway to ensure the minor child is protected. Protected in the same way a trial judge will protect the minor child testifying in court. If an attorney for the defense tries in any way to intimidate the child, the plaintiff attorney for the child can stop the entire deposition, and make a legal motion to the court for a “protective order” protecting the minor child. In fact, in some cases of severe intentional abuse, a special judge can be hired or appointed by the court to specifically protect the child at his or her deposition.
Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident.