Children spend the majority of their time experiencing joy and engaging in activities that bring
them happiness. Despite parents' best efforts to ensure their safety and provide warnings,
children's daily routines can leave them vulnerable to accidents and injuries. When a child
suffers a severe injury, it can drastically alter their once joyful life, turning it into a daily struggle
While not every accident results in serious harm, there are unfortunately many instances where
children sustain significant injuries with long-lasting consequences. As parents, you understand
that minor bumps, bruises, and scratches are a natural part of a child's growth. However, when
your child endures life-altering injuries in incidents like car accidents or playground mishaps, it is
anything but natural.
As advocates for child injury cases, at Flores Law Group, we firmly believe that every parent should be
aware of the risks their children face while simply living life and seeking enjoyment. If your child
has experienced an injury due to an accident, one of our team will help bring those accountable
to justice and allow you to receive the compensation you deserve.
If you would like to learn more about filing a personal injury claim for an injury your child
suffered, please contact us today!
Why Children are More Prone to Accidents and Injury
Children are inherently more susceptible to certain injuries compared to adults due to their
limited cognitive and reasoning abilities, which may prevent them from avoiding accidents that
lead to injuries. Additionally, children are more physically fragile than adults, making them more
vulnerable to severe harm. For instance, when a child is bitten by a dog, their delicate skin,
muscles, and bones are at a higher risk of injury from the teeth.
The Most Common Accidents that Lead to Child Injuries
As a parent, you gain firsthand knowledge that your child will inevitably face challenging
situations. As they enter school, engage in play with friends, and participate in organized sports,
children gradually venture beyond the immediate safety provided by their parents.
Throughout their growth, numerous events and circumstances arise that can potentially lead to
injuries. While it's impossible to shield your children from every danger, you can instill in them a
sense of safety awareness and supervise them whenever feasible. Regrettably, accidents still
occur unexpectedly, often resulting in injuries that catch parents off guard. Here are some of the
more common accidents we see here at Flores Law Group.
According to data from the Centers for Disease Control and Prevention (CDC), drowning is the
leading cause of death among children aged 1 to 4. Similar to other types of accidental
incidents, drowning-related injuries, and fatalities are typically preventable. Many water-related
accidents involve negligence on the part of property owners. Here are some of the biggest
causes that lead to drowning in the United States.
● Lack of a pool cover when the pool is not in use.
● Inadequate precautions related to diving boards and pool slides.
● Insufficient security measures such as gates, locks, warning signs, and proper lighting.
● Malfunctioning drains, circulation systems, and other maintenance issues.
● Absence of safety rules or lifeguards at public pools.
Based on findings from the CDC, it has been determined that an average of 150 children
nationwide require emergency room treatment for injuries related to vehicle accidents every
hour. Additionally, the CDC has identified that children between the ages of 5 and 19 face a
higher risk of fatalities from crash-related injuries compared to other types of injuries. Vehicle
accidents occur on a daily basis, and while it is impossible to prevent a negligent driver from
causing harm to your children in a collision, as a parent, you can take proactive measures to
minimize the potential harm. This includes ensuring the use of safety seats, booster seats,
seatbelts, airbags, and other vehicle safety features.
Young cyclists encounter challenges in traffic. When children ride a bicycle, they are exposed to
the risks posed by traffic. When crossing the street while cycling, children must assess the
safety of approaching vehicles. Moreover, children must trust that motorists will remain attentive
and stop in time to prevent accidents.
When a child is about to cross a busy street, it entails making a rapid decision. Prior to stepping
off the curb, children depend on a set of still-developing skills that many adults take for granted.
They scan for gaps in traffic, assess vehicle speed, and estimate the timing of passing cars.
After considering these factors, they determine whether it is safe to proceed. Children must
repeat these steps each time they need to cross the street. Due to their cognitive limitations and
less-refined observational and judgment skills compared to adults, they may occasionally miss
crucial safety cues. Children rely on drivers to operate vehicles in a manner that ensures
According to statistics from the National Highway Traffic Safety Administration (NHTSA), there
was a 3 percent increase in pedestrian fatalities due to vehicle crashes, totaling 6,283 deaths in
a recent year. Children are particularly vulnerable to pedestrian accidents. NHTSA's nationwide
data reveals that 19 percent of young traffic accident victims (aged 14 and below) were
The child fall prevention data provided by the CDC indicates that falls are a significant cause of
childhood injuries throughout the country. Children can experience falls in various settings such
as playgrounds, sidewalks, schools, recreational facilities, friends' and neighbors' homes, and
numerous other locations. Nationally, approximately 8,000 children seek treatment in
emergency departments every day due to fall-related injuries, resulting in a total of 2.8 million
Child Injury Attorney FAQ
What Is the Statute of Limitations for Child Injury Cases in California?
The statute of limitations pertains to a specific timeframe during which legal action must be
taken in court against the responsible party for your child's injury. Failure to initiate proceedings
within this designated timeframe will result in the dismissal of your case.
In the state of California, child injury cases adhere to a two-year statute of limitations starting
from the child's 18th birthday. Essentially, you have a two-year window from the date when your
child turns 18 to file a lawsuit in court. However, it is crucial to understand that there are certain
exceptions to this rule.
In instances involving medical malpractice, sexual abuse, or public entities, the statute of
limitations follows different guidelines.
While there are situations where you can postpone taking legal action until after your child's
18th birthday, it is advisable to consult with a lawyer and pursue a lawsuit promptly.
It's important to recognize that the statute of limitations solely pertains to civil cases and does
not apply to criminal proceedings. Thus, even if you fail to file a lawsuit within the prescribed
timeframe, the individual or entity responsible for your child's injury may still face criminal
Why Is it Important to File Within the Statute of Limitations?
The statute of limitations plays a crucial role in establishing a designated timeframe for initiating
a lawsuit in court. Failing to file within this timeframe can result in your case being ineligible to
proceed in court.
Consequently, it is of utmost importance to promptly seek legal assistance following an injury.
Delaying action may impede your ability to pursue your case through the court system.
What is a Guardian Ad Litem?
The court-appointed guardian ad litem assumes responsibility for handling all matters
concerning the child's injury, including negotiations for settlement. While the guardian ad litem
has the authority to reach a settlement without the parents' involvement, any settlement reached
must receive approval from the judge.
When Is the Statute of Limitations "Tolled" or Paused?
When the injured individual is a minor, the statute of limitations is "tolled" or temporarily
suspended. This signifies that the timeframe for filing a lawsuit in court is put on hold until the
injured party reaches 18 years of age.
Nevertheless, it is important to note that there are exceptions to this rule. For instance, if the
responsible party for your child's injury is a government agency, the statute of limitations will not
be paused and will continue to run its course.
What Types of Damages Are Available in Child Injury Cases?
Child injury cases encompass two main categories of damages: economic and non-economic.
Economic damages encompass quantifiable losses such as medical expenses and lost wages.
On the other hand, non-economic damages involve intangible harm such as pain and suffering
or the loss of quality of life.
In order to secure compensation for your child's injuries, it is necessary to establish the legal
liability of the defendant for causing said injuries. If successful, you may be eligible for a
financial settlement that covers both economic and non-economic damages.
What Are Some Tips on Taking Action Within the Statute of Limitations?
If you have suffered an injury due to someone else's negligence, it is crucial to act promptly
within the statute of limitations. Here are some suggestions to ensure compliance with the time
● Collect evidence and gather all relevant documentation pertaining to your case.
● Reach out to potential witnesses who can provide testimony regarding the incident in
● Initiate a lawsuit in court within the designated timeframe specified by the applicable
statute of limitations.
● Pursue compensation for your child's injuries by seeking damages through the legal
● Seek guidance from a personal injury attorney who can assist you in navigating the
complexities of the legal system.
Picking the Right Child Injury Attorneys
At Flores Law Group, we strive to get you what you are owed, no matter who is at fault. Our team has
the expertise to navigate even the most complicated child injury claim. We also believe in
having a personal relationship with our clients and ensuring you feel heard and understood
while going through something traumatic, like a child injury.
If you would like to learn more about how we can help you file a personal injury claim after a
child injury or several different accidents, please contact us today!