San Jose Child Injury Lawyer
Watching children we love suffer from pain elicits horrible feelings, but knowing that the pain could have been avoided if not for the careless actions of another makes matters worse. Having mounting medical bills and missing time from work adds another layer of emotional stress. Fortunately, California law provides an avenue for parents of injured individuals to recoup losses related to their children’s injuries and the non-economic losses that their children may face in the future.
At Bohn & Fletcher, our experienced and compassionate child injury lawyers are here to help you hold those who harmed your child accountable. If you live in the San Jose area, contact Bohn & Fletcher today at (408) 279-4222 to tell us your story and learn how we can assist you after your child has suffered an injury.
Advocating for Children for More Than 20 Years
The skilled legal team at Bohn & Fletcher has more than two decades of experience advocating for people who have been injured, including children. We understand the mental anguish that you are experiencing after your child has been injured, and we remain committed to seeking justice.
Our devotion to professional excellence has resulted in the recovery of millions of dollars in damages for our clients. In a recent case, we secured a $2.8 million judgment for a victim of childhood sexual abuse. This is only an example, and we cannot guarantee an outcome for your child’s particular case, but our team will aggressively pursue the best outcome possible for your family’s situation.
Types of Child Injuries We Handle
Children might sustain injuries in a variety of ways, and they are especially vulnerable due to their smaller frames. In some cases, another party might intentionally harm your child; whereas, other times your child’s injury is a result of negligent action or inaction. Some examples of the types of child injury cases that we handle include:
- Traffic accidents. Collisions involving cars and/or trucks can cause children to suffer a wide array of injuries. Even when properly secured in a booster seat or infant seat, seat belts, harnesses, and airbags can injure your child. The pure force of impact from an auto accident can easily cause a traumatic brain injury or whiplash in a young child, resulting in chronic problems if the injury doesn’t heal.
- Bicycle accidents. Thinking about the day you learned to ride your bike conjures up warm memories for most children. Riding bikes is a great activity for kids. However, children do risk getting hit by a careless driver or crashing due to unsafe roads and sidewalks. Injuries in these cases can even be life-threatening.
- Swimming pool accidents. The Consumer Products Safety Commission (CPSC) estimates that 150 children under the age of 15 drown in swimming pools each summer, and almost two-thirds of all fatal drownings for those under the age of four involve swimming pools. Both public and private pool owners must maintain a safe environment for visitors. Poor maintenance such as cracked concrete and slippery pool tiles, as well as lack of proper fencing, can lead to severe or fatal injuries.
- Playground injuries. The San Jose area offers multiple parks and playgrounds for your child to enjoy, as well as playgrounds that they might use at school. When those responsible for maintaining a playground don’t do their job, children can suffer serious injuries. The Centers for Disease Control and Prevention (CDC) estimates that more than 200,000 children under the age of 14 are treated for playground injuries each year, including 10 percent sustaining traumatic brain injuries (TBIs).
- Defective toy injuries. According to the Consumer Products Safety Commission (CPSC), over 250,000 injuries occur each year as a result of toys. Three out of four of these injuries occur to children under the age of 15. Although many types of toys might cause injury to your child, non-motorized scooters generally cause the most injuries.
- Dog bite injuries. Young children are especially susceptible to severe or fatal dog bite injuries because of their small frames, and California has the second most fatal dog bite attacks, according to a study by DogsBite.org. Approximately half of all fatal dog bite injuries are by children under nine years old and about one quarter by children under two years old. Careless pet owners who don’t train or control their dogs need to be held accountable for their negligence. If a child does not die from a dog bite attack, he or she may still face permanent physical and emotional scars.
- Sports injuries. Parents who let their children play sports generally understand that there is a risk for injury, but full-contact sports can leave an injured athlete suffering for the rest of his or her life. Broken bones and sprains will heal, but brain injuries as a result of football, hockey, rugby, and martial arts can stunt development in children’s brains, which aren’t fully developed until their 20s.
San Jose Child Injury FAQs
About 40 million people head to emergency rooms across the country each year for injuries cause others. A significant percentage of these patients are children. Children are particularly susceptible to injuries and their effects since their bodies are still growing and developing. This means that an injury might have a greater impact on a child than on an adult.
At Bohn & Fletcher, LLP, we can answer all of your child injury questions if you contact our office for a free case evaluation. Below are only some of the frequently asked questions our San Jose child injury attorneys hear.
What are common accidents and injuries to San Jose’s children?
Injuries can happen to children in countless ways, and an accident and injury can happen when you least expect it.
The Centers for Disease Control & Prevention (CDC) reports the following most common reported accidents that injure children from infancy to age 15:
- Motor vehicle collisions
- Bicycle accidents
- Pedestrian accidents
- Getting struck by or against an object
- Animal bites
- Unintentional poisoning
- Cuts or piercing
Children can also suffer injuries due to medical errors and birth injuries, defective products, school or playground-related incidents, and more.
All of the above can also result in a wide range of injuries that can disrupt your and your child’s life, such as:
- Traumatic brain injury
- Spinal cord injury
- Burn injuries
- Lacerations and contusions
- Shaken baby syndrome
Brain injuries can be particularly severe to children because their brains are still developing, so they are more susceptible to permanent changes and impairments when brain tissue gets damaged. Similarly, fractures to growth plates and other growing bones can cause long-term problems and require multiple surgeries.
What should I do if my child suffers injuries in San Jose?
If your child suffered injuries in an accident, there are certain steps you should take to protect his or her rights.
Seek medical attention and stick to the treatment plan. If your child suffered injuries in an accident and you did not seek immediate medical attention, you should take them to their pediatrician or an emergency room for a complete medical evaluation right away.
Children are certainly resilient but they can also fail to recognize the severity of their own injuries. A doctor can evaluate and identify your child’s injuries, ensuring that they get the treatment they need. Furthermore, a physician will also create a record of your child’s injuries, ensuring that you have documentation when it comes time to file a claim.
You should also make sure to follow the treatment plan that your pediatrician recommends. Doing so means filling prescriptions and taking your child to any follow-up appointments that the doctor recommends. Failing to follow the treatment plan could result in your child getting less compensation than he or she deserves.
Do not accept a settlement before talking to our attorneys. Insurance companies and at-fault parties often try and settle cases before children or their parents have had a chance to discuss their case with a lawyer. The idea is that once they talk to an attorney, they will know how much their cases are worth. By reaching out to plaintiffs early, at-fault parties and insurance providers have a better chance of settling their cases for much less.
For this reason, you should never accept a settlement offer before you have had a chance to discuss your case with a lawyer. Once you have accepted a settlement offer, it’s next to impossible to obtain more compensation for your child’s losses. If your child develops a long-term medical issue or disability because of the accident, settling before talking to an attorney may result in significant uncompensated losses.
Who is responsible for injuries to my child?
Just like adult injuries, people who are negligent and cause injuries to children can be liable for all the resulting losses.
Liable parties will depend on how the injury occurred, but they can include:
- Negligent drivers
- Property owners who create or fail to fix safety hazards
- Manufacturers that sell defective child or household products
- Dog owners
- Schools or daycare facilities
There might be unique issues when it comes to liability for certain child injuries, so always seek the assistance of an experienced San Jose child injury attorney as soon as you can after your child sustains one or more injuries.
How can a San Jose child injury lawyer help my child and me?
There are several ways that a child injury attorney in San Jose can help your child obtain the compensation that he or she deserves.
Perhaps most importantly, when you meet with a lawyer, he or she will review the facts of your case and let you know whether it’s likely that you have a claim. Since our San Jose child injury lawyers always work on contingency, they are highly incentivized to only take cases that we know can result in compensation.
An attorney can also determine what parties caused your child’s injuries. In some cases, multiple parties may be responsible for having harmed your child. Filing a claim against every potentially liable party can maximize your child’s chances of obtaining full compensation.
A lawyer can file your child’s claim on his or her behalf, complete with supporting documentation demonstrating liability and damages. In the likely event that the insurance company does not pay your child fairly, your lawyer can engage in negotiations trying to get your child the compensation he or she needs.
If your attorney cannot secure a fair settlement offer, he or she may file a lawsuit against the at-fault party to pursue the damages your child needs and deserves. If the case proceeds to trial, make certain your attorney is willing to represent you in court. Many lawyers do not or will not effectively try your child’s case. Get a lawyer who will.
Get the Legal Help You Need After Your Child’s Injury
Coping with the pain and stress which comes in the wake of a child’s injury can be overwhelming, even unbearable, especially when you know your child’s injuries could have been prevented.
At Bohn & Fletcher, we understand the challenges that you’re likely dealing with, and we are here to help you seek justice by holding accountable the party who harmed your child. Our skilled San Jose child injury lawyers will investigate the event(s) which led to your child’s injury and uncover relevant facts and documents to build a strong case against the defense, while you help your child heal.
If your child has been injured or harmed as a result of another party’s actions, contact Bohn & Fletcher online or by calling (408) 279-4222 to tell us your story and determine the best course of action for your circumstances.