Finding out that your child was injured due to the negligence of another person is a uniquely harrowing experience. In this situation, it can be difficult to think about anything but your child’s wellbeing and safety, let alone about considering a civil lawsuit against the responsible party.
Fortunately, a Westminster child injury lawyer could help you with your legal options without forcing you to sacrifice time helping your family heal. If your child was hurt in an accident that someone else caused, talking to a Mac Hester Law personal injury attorney could be your best move to recovering compensation and preparing for your family’s future.
Can a Child’s Injury Be Grounds for a Lawsuit in Westminster?
Just about every child encounters the occasional bump and bruise, but more severe injuries may be cause for legal action, especially if that harm was the result of another person’s negligent actions. However, grounds to file suit in Colorado are determined based on a specific definition of fault rather than the age of an accident victim or the severity of their injury.
In a personal injury case, the injured plaintiff must prove that the defendant was legally negligent to pursue any monetary damages from them. Specifically, they must demonstrate that the defendant owed a duty of care to the plaintiff that they failed to uphold, and that this breach of care resulted in an accident that caused compensable harm to the plaintiff.
When a person under the age of 18 suffers an injury, these same rules apply for filing a case. To file suit and collect compensation on their behalf, a parent, guardian, or the Westminster child injury attorney representing them must show that another party either deliberately harmed their child or, through recklessness or carelessness, allowed them to suffer a preventable injury.
Potentially Liable Parties
There are a variety of situations in which a skilled lawyer could work to hold someone responsible for an injury a child suffers in Westminster. For example, the Claire Davis School Safety Act, codified in Colorado Revised Statutes §24-10-106.3, establishes that schools may be held liable for not taking reasonable measures to protect their students and faculty members from harm.
In the same vein, the state of Colorado adheres to an “attractive nuisance doctrine” in cases concerning the liability of a property owner for an injury a minor sustained while on their property. Under this doctrine, a parent could sue a landowner if a dangerous fixture, such as a swimming pool, enticed their child to trespass and injure themselves. In this way, a landowner may be liable for a child’s injuries even though they normally would not be for an adult under Colorado state premises liability law.
Many other causes of personal injuries, like drivers striking pedestrians and defective consumer products, proceed in more or less the same way whether the injured victim is an adult or a child. However, unique damages could be available if a child suffers severe disfigurement or long-term disability, which could make retaining legal counsel crucial when maximizing recovery.
How a Westminster Child Injury Attorney Could Help
A child should never have to deal with the consequences of an adult’s reckless behavior, but if the worst should happen, know that you have legal options for seeking justice on behalf of your child and your family.
A Westminster child injury lawyer could help you take the best possible course of action and pursue appropriate compensation for all the losses your family has suffered. Call the attorneys at Mac Hester Law today to learn more.