Trials and Settlements in Minor Children Injury Cases

When a child is injured, all parents want to make sure their child first receives the best medical care available.  If the child is injured, due at least in some part, by a negligent party, most parents go through the difficult thought process of attempting to determine whether binging legal action against the negligent party will or will not be in the best interest of their injured child.  There is a public perception that legal action or litigation can be difficult for children and bring a legal action may not be worth it in the end.  This can be especially true for molestation or abuse cases.   To this end, the courts and the law in every state, provide special protection to children when they are involved in the litigation process.

The other good news is, statistically speaking, some injury cases settle before a lawsuit is filed, and most settle before a jury trial date is set with the court.  This is very much true of children injury cases too because most insurance companies who represent the at-fault party do not want to risk an adverse jury award due to sympathy factors that child injury case can produce from the jury members.  This also makes child injury cases different than most adult injury cases.

Furthermore, if a child’s injury case goes to trial, the child does not necessarily have to attend the trial since a child may be too young, and going to an injury trial can be stressful to a child since it can cause the child to relive the injury.  So most juries understand that either one or both parents will attend the trial on behalf of the injured child, unless the injured child is capable of attending the trial.  California law allows special protection to children who have to testify at trial; if they are too young, or not old enough to know the difference between what is true and what is false, they will not be required to testify at all.  Also, with the advancement of technology, the jury can meet the child in video and high definition photographs if the child, for whatever reason, cannot attend the actual trial.  

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.  

Mark Blane
Founder of The Law Offices of Mark Blane, APC
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