It is a frightening experience when your child suffers an injury. If your child suffers harm at the hand of another, you could benefit from contacting a dedicated injury attorney.
Receiving financial compensation could be important for your child’s recovery and seeking it on your own might be challenging. An experienced Mesa child injury lawyer could help you hold the negligent parties accountable for your child’s injuries.
Torts allow citizens to recover damages against others that have caused them harm. A tort is a civil wrong that, if committed, could lead to civil liability. Torts could be committed in two ways, unintentionally and intentionally.
Not all accidents lead to liability. To determine liability, the courts came up with the law of negligence. Negligence creates boundaries that dictate which accidents are actionable and which ones are not.
To prove that a defendant’s unintentional acts are considered negligent, a Mesa child injury attorney would have to establish four elements. These four elements include the following:
In these cases, a defendant may not have intended to cause harm to a child but did so by behaving recklessly or carelessly. A Mesa attorney could examine the evidence to determine if another’s negligent actions caused harm to the child.
Intentional torts occur when one person commits a wrongful act with the intent of bringing about harm. In some cases, intentional torts could lead to both civil and criminal liability. For example, if a child is assaulted and battered, the parents or guardians of that child would have the right to sue the defendant for civil damages, and the state would have the right to prosecute the defendant for criminal assault and battery.
A statute of limitations is a time limit that is placed on a plaintiff’s right to sue. For most civil claims, the plaintiff has two years from the day of the accident to file a claim, according to Arizona Revised Statutes §12-542. However, the deadline might be “tolled” or extended when the plaintiff is a minor. In these cases, the minor would have two years from the day of their 18th birthday to file a personal injury claim seeking damages.
Injury to a child can be traumatic for the whole family. In addition to the emotional and physical toll of an injury, the family could be facing additional financial burdens due to medical bills and possible ongoing therapy.
A Mesa child injury lawyer could help you. They could discuss your options for potential relief and help you decide how to move forward. With their legal assistance, you could knowledgeably advocate for your child’s right to relief. Call now and schedule your first consultation.