Special Rules Apply When It Comes to a Minor Child Injury in the State of California

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Child injury cases are unique. Without a judge issuing a court order, you can't get a settlement. The court steps in as a third party to ensure that the settlement is fair. They approve not only what the child will net in their recovery but also all the other details. I actually wrote a book called "Justice for the Injured Child" that explains to parents the process they will go through in a child injury case.

I handle many of these cases, so I'm in front of the judge quite frequently. When they see my name, it resonates because there's a trust factor based on my past cases with them. They know the quality of my work and that I will be super detailed in the packet I provide to help them make determinations for the child.

I tell clients they are actually signing up for two lawyers: there's going to be another lawyer, a judge, looking over my shoulder to ensure I'm doing everything right. Yes, the child was injured, and yes, the child is getting a settlement, but the child has made a recovery. The child sees the process coming to a conclusion, giving them a brighter outlook because they have these funds waiting for them when they become an adult.

In California, if a minor child (anyone under 18 years of age) is injured and receives a settlement offer above $5,000.00, it must be approved by the California Superior Court. This means a judge needs to issue a court order for the settlement after a thorough review of the settlement. The review includes scrutiny of the medical bills, and whether the attorney negotiated down a reduction, the attorneys' costs, and the net recovery to the minor child. This review ensures the settlement is fair and equitable to the minor child.

I tell the parents of the injured child often, if you retain me, you will be effectively retaining two lawyers: Myself, and a California Superior Court Judge "looking over my shoulder" to make sure the settlement is just and fair for the minor child. Most of the time, I find myself in downtown San Diego at the local Superior Court there having my injured child's case approved by the judge.

Why is the review important? Because the California courts want to protect the child's interest against any unscrupulous parent. The court needs to be certain that the settlement funds go to the injured child when they become an adult. Sometimes we open what is called a "blocked account" with a local bank to deposit the funds into, and other times, we open a structured annuity to structure the funds to the injured child. Most of time, depending on the settlement amount, a structured annuity is favored by the parents because they get to structure, over time, and with maximum return, how much money their child will receive in different points of time. Sometimes the settlement is too large for a child to handle once they turn 18 years of age, so it is wiser to have it structured out, over time, in periodic pay outs to the injured child.

Common Causes of Child Injuries by Negligence in California

Car Crashes. Distracted driving, speeding, intoxication, and drowsy driving are a few causes of car collisions in Southern California. Even if children are in a vehicle's back seat or a booster seat, they can suffer catastrophic injuries in a wreck. School bus and back-over accidents are other common ways children are hurt in collisions.
Daycare Accidents. Daycare providers have a duty to keep the property safe, remove any hazards, and properly supervise children in their care.
Dog Bites. Children are often unfortunate victims in dog attacks, which cause permanent scarring and disfigurement—especially to the face—and eye injuries. But under California’s dog bite law, the animal's owner may be strictly liable to compensate your child for injuries.
Swimming Pools. When swimming pool owners fail to properly maintain their properties or provide supervision, there's a threat of drowning.
Amusement Parks. While a day at an amusement park may be a great way for kids to have fun, they can experience catastrophic injuries or death if a ride malfunctions or untrained workers cause problems.
Slip and Fall Accidents. When property owners and businesses neglect to properly maintain their properties, remove hazards that can lead to falls, and post warning signs, slip and fall accidents are common.

Child Injury Cases We Handle

Just as no two children are alike, every child accident will have a different set of circumstances. Your San Diego child injury attorney will take this into consideration when handling your case, so your claim gets the attention it needs.

We have experience in a number of child accident cases, including:

What to Do if You Know of an Injured Child That Needs a California Child Injury Lawyer:

If you, or someone you know, is under 18 years of age and injured by another, perhaps you are a parent, first download my free injury guidebook BY CLICKING THIS LINK. The book will let you know about what you can expect, your legal rights, and if you even need a lawyer for your minor childs injury case in California.

If you have further questions or concerns, and you would like to speak to me for free, you can call me direct at (619) 813-7955. I will be more than happy to point you in the right direction for your child's injury case. Stay strong, attorney Mark Blane.