Albuquerque Child Injury Lawyer
According to the CDC, avoidable accidents are the leading cause of injury in children. Not every accident means there are grounds for legal action. However, when the accident results from negligence, children are entitled to justice just as much as adults. When children suffer injuries, those injuries have the potential to cause severe, long-lasting damage that could permanently impact their lives.
At Dominguez Law, our Albuquerque child injury lawyers know from experience that serious injuries to children can create lifelong hardship. This is why our Albuquerque child injury lawyers are passionate about helping children and their families hold the responsible parties accountable for their actions. Work with a firm that cares as much about your child’s health and future as you do by contacting Dominguez Law today.
New Mexico’s Personal Injury Laws Applies Equally to Children
New Mexico’s personal injury laws, processes, and procedures apply to children equally as they do to adults. Although there are slight differences, the primary distinction between personal injury cases with adults vs. children is the increased court protection over the funds obtained through a successful settlement or trial. New Mexico’s courts are protective of the rights of children and the protection of the compensation received from a child’s injury case.
Claim Process for Child Injuries
The claim process for a child injury claim proceeds just as a typical personal injury claim that involves an adult. However, once a settlement or verdict has been reached, the court intervenes to protect the rights and interests of the child. They appoint a Guardian Ad Litem (GAL) to ensure the child’s best interests are the primary concern throughout the process. A GAL must be appointed by the court. In fact, most insurance companies require court approval for a settlement involving a minor.
Damages in a Child Injury Case
When adults file personal injury claims or lawsuits, they are entitled to compensation for their injuries and subsequent losses due to a negligent party’s actions. Children are entitled to the same compensation available to adults. Generally, this includes the following damages:
- Compensation for physical injuries
- Medical expenses (present and future)
- Physical pain and suffering
- Emotional distress
Talk to a Albuquerque child injury lawyer to learn how children may also be entitled to lost wages or loss of future earnings capacity. While younger children do not work, many teenagers do, and they are entitled to their lost wages just like any working adult.
Child Injuries Caused by Third Parties
Children may suffer injury due to the negligence of a third party that is neither a family nor a household member. Claims for child injuries against a third party also proceed similarly to claims for adults. The difference comes at the end of the case when compensation is obtained and the court becomes involved. As with adult cases, the biggest challenge in a personal injury case is finding insurance coverage for compensation.
Depending on the circumstances of the child’s injuries, there are a few insurance coverage options, including:
Auto insurance will generally provide compensation for a child’s injury caused by household and non-household members. Assuming that a third party has liability insurance, there is potential for their insurance to cover damages. Uninsured or underinsured coverage can also provide compensation for child injuries if no other auto insurance option is available.
Homeowners insurance comes into play when the child is injured at a home due to the negligence of a property owner. Homeowners’ coverage will almost always cover injuries occurring on the home’s property. There are certain restrictions on homeowners coverage involving injuries in the home due to negligence of a household member or parent. The nature and cause of the injury will determine the coverage. Homeowners’ insurance can also cover injuries that occurred outside the home, such as dog bite incidents.
Personal Liability Umbrella Insurance
People with significant assets sometimes obtain personal liability umbrella coverage (PLUP). These insurance policies come into play when other insurance coverage is insufficient to cover the child’s damages. In cases where a child suffered severe permanent harm, auto and homeowners insurance may not be sufficient to fully compensate the child.
What Duties Do Daycare Centers Have to Children and Parents?
Daycare centers play a vital role in providing care, guidance, and early education to young children while their parents are at work or engaged in other activities. These centers have a multitude of duties and responsibilities towards both children and parents, warranting a safe and nurturing environment for the little ones to thrive.
Daycare centers have several duties and responsibilities towards both children and parents. Some of the key duties they typically have include:
Ensuring a Safe and Secure Environment
Daycare centers have a primary responsibility to provide a safe and secure environment for children. This includes maintaining a clean and hazard-free facility, implementing safety protocols, and conducting regular safety inspections.
Providing Care and Supervision
Daycare centers are responsible for providing appropriate care and supervision to children under their care. This involves ensuring that children are attended to, engaged in age-appropriate activities, and adequately supervised to prevent accidents or injuries.
Meeting Children’s Basic Needs
Daycare centers should meet children’s basic needs, such as providing nutritious meals and snacks, offering appropriate rest and sleep times, and assisting with personal hygiene, including diaper changing and toileting.
Communicating with Parents
Daycare centers should maintain open and regular communication with parents. This includes providing updates on any significant incidents or concerns. They should also be accessible to parents for discussions, feedback, and addressing any questions or concerns.
Establishing Policies and Procedures
Daycare centers should have clear policies and procedures in place that cover various aspects. These may include drop-off and pick-up procedures, illness policies, discipline guidelines, emergency procedures, and parent involvement. These policies should be communicated to parents and followed consistently.
Hiring Qualified Staff
Daycare centers have a responsibility to employ qualified and trained staff members who have appropriate backgrounds, experience, and knowledge in childcare and early childhood education. Staff should be capable of providing appropriate care, guidance, and supervision to the children in their care.
Adhering to Licensing and Regulatory Requirements
Daycare centers are required to comply with licensing and regulatory requirements set by local authorities. These may include maintaining proper staff-to-child ratios, meeting health and safety standards, background checks for staff, and following specific guidelines related to the operation of the center.
How an Experienced Child Injury Can Help
An experienced Albuquerque child injury attorney can thoroughly investigate the circumstances that led to a child being injured. They can work with expert physicians, life care planners, economists, and other experts to ensure they have a clear understanding of the financial and personal impact of the child’s injuries. It is critical to work with a child injury attorney that has the knowledge, resources, and experience in the area of personal injury affecting your child. There is a broad range of personal injury cases, including:
- Children injured in motor vehicle accidents
- Hospital errors and medical negligence
- Children injured by dangerous products
- Dog bites
At Dominguez Law, our child injury lawyers have experience handling various personal injury cases involving injured children. Our child injury attorneys know that seeing a child injured is not an easy thing to witness. You and your child deserve genuine empathy and trust to ensure you feel confident that your child’s rights are protected. Our child injury lawyers at Dominguez Law are proud to be able to provide the support your family needs through such a challenging time.
Work With a Skilled Albuquerque Child Injury Lawyer
Dominguez Law is devoted to our clients. Our Albuquerque child injury attorneys know that they come to us in a time of need, which requires compassion and aggression. Insurance companies are worried about their bottom line and will do what they can to protect themselves. At Dominguez Law, our child injury lawyers go the extra mile to protect our client’s right to fair compensation, regardless of who the negligent party may be. Our lawyers also speak Spanish so that our clients can feel comfortable speaking to us in whichever language they prefer.
Your child deserves someone that is determined to go above and beyond for them. At Dominguez Law, they will be our first priority. Contact our firm today at (505) 850-5854 to schedule a free consultation, or complete our contact form to learn more about how our Albuquerque child injury lawyers can help your family.