A serious injury suffered during childhood can make it difficult for a child to move forward in life. A traumatic experience may affect a child’s personality, emotions and physical abilities in ways that you never imagined. If your child was injured in any setting (public or private) and negligence or wrongdoing was involved, you might have a case to seek injury compensation for damages that may affect your child for a lifetime.
Consultation with an experienced Oakland personal injury lawyer is critical to the favorable outcome of any case. Time limitations apply to government entities such as schools and school buses, and other limiting factors may affect all other types of claims.
At Winer, McKenna & Burritt, LLP, we serve our clients with compassion, care and sincerity. Your child’s recovery is important to us, and we will fight for the maximum compensation that you need now and in the future. A child’s injury affects the whole family, and injured children require a unique legal approach. With main offices in Oakland and Los Angeles, we handle cases throughout California and develop customized legal strategies for each case.
Experienced Child Injury Attorneys
We treat child injury cases with great sensitivity and always work in the best interests of our clients. Children deserve strong legal protections and the professional advocacy of attorneys who have successfully navigated this road before.
We represent children who have suffered injuries in a variety of circumstances, including:
- Injuries from toys
- Private homes
- Swimming pools
- Day care centers
- Sidewalks, crosswalks and streets
- School buses
- Animal and dog bites
- Therapist abuse
Our partner attorneys possess more than 60 years of combined legal experience. We can advise and represent your case in any forum. It is important to know that you should not speak with, sign or agree to anything with an insurance company or a school official before speaking with an attorney.
We can handle all aspects of your legal case and the communications with insurance companies. Only your personal attorney will act in your best interests and take every possible step to obtain your maximum compensation in these situations.
What if my child was partially at fault for causing their injury or death — can I still sue?
Yes. California is a comparative fault state. A person can sue for serious personal injury even if they are partially at fault. As long as they can prove that one or more other parties are also at fault. However, the amount of a plaintiff’s recovery will be reduced by the amount of their fault. Therefore, if someone is awarded $5 million dollars in a serious personal injury case, but are found to be fifty percent (50%) at fault, the recovery will be limited to $2.5 million dollars.
In the case of the death of a child, the recovery of the parents will be limited by the percentage of the decedent’s fault. Thus, if the parents are awarded $2 million but the decedent is found to be 50% at fault, the recovery will be limited to $1 million.
What damages are recoverable in a child injury or death case?
The survivors are entitled to the value of future monetary contributions from the decedent and the value of any personal service, advice or training that would have probably been given if the decedent had lived. This is determined by projecting the amount of money the decedent would have earned in the future but for their death and subtracting from that the amount that the decedent would have “consumed” on their own expenses. The parents will have to establish that the child would likely have contributed financially to the parents’ support.
Concerning damages for emotional distress, the answer is yes and no. Under California law, the heirs are entitled to recover compensation for loss of love, companionship, comfort, society, affection, solace or moral support. However, they are not entitled to recover for grief.
Significant Child Injury Cases
- $6.8 million recovery on behalf of four young boys who were sexually molested by their elementary school teacher who was also convicted criminally and sent to prison.
- $4.2 million recovery on behalf of four young boys who were sexually harassed and molested by a youth leader at a large youth sports organization. The youth leader was also convicted criminally and sent to prison.
- $750,000 recovery on behalf of three children and their mother who suffered molestation and sexual abuse by the mother’s hypnotherapist.
- $650,000 recovery on behalf of 2-year-old boy who suffered severe complications due to E-coli infection after bathing with another infected child in a private home.
Prompt Legal Action | Invested In Your Future
Our law firm only takes cases on a contingency fee basis:
- We offer free initial consultations.
- We finance all costs of litigation.
- We charge no upfront fees.
- We only get paid when you collect a financial award.
Our attorneys have recovered more than $200 million for people who have been harmed through negligent or intentional actions in California. We are attentive, proactive and committed to excellence.
Free Consultation With A Personal Injury Lawyer
For a free initial consultation with a Los Angeles, San Francisco or Oakland-based child injury lawyer, call (510) 433-1000 or fill out our online form.