Recovering from a serious injury is difficult for anyone, but it can be even more confusing and frustrating for a child.
When a minor, someone under the age of 18, is involved in an accident, the legal process can be complex. If a child sustains serious injuries due to someone else’s actions, it can have a major impact on family members. Depending on the severity of the injuries, parents may be required to radically change their schedules and certain aspects of their lifestyle. They may even need to switch jobs to ensure an injured child receives adequate care.
If your child was injured as a result of someone else’s negligence, you, as the parent or legal guardian, need to retain legal representation as soon as possible. At Bogaards Law, we understand the specialized and sensitive nature of lawsuits involving children. We want to make sure your child’s rights are protected.
There are a number of ways your children can be injured because of someone else’s negligence — car accidents, swimming pool accidents, slip and falls in the grocery store or a sports complex, dog bites, or even medical malpractice. Kids can also be injured on the school playground or while riding their bikes in the neighborhood.
There are a number of places that are fun to take your kids, but they come with a level of risk of them being injured. Water parks, amusement parks, playgrounds, gyms, and other recreational facilities can present real hazards. If someone was supposed to be supervising your child and was not, you could have a claim against the negligent party. You need to speak with a skilled California personal injury attorney who can assist you pursue the compensation your family deserves.
When children are involved in an accident, the resulting injuries can often be serious. Some of these can include:
There is a risk that these types of injuries can be permanent. An accident could result in partial or complete paralysis, disability, or disfigurement. This means your child could be facing additional medical care, surgeries, and more.
When a minor is involved in an injury claim, the statute of limitations is tolled until he or she is an adult. This means the clock does not start ticking until the minor’s 18th birthday. Technically, minors have two years from their 18th birthday to bring a lawsuit for an injury claim.
If there is a case prior to their 18th birthday, then any settlement must be approved through the applicable court. In many cases, the court will appoint a guardian ad litem to investigate and ensure the settlement is in the best interest of the child. Money awarded will be deposited into a blocked account that the minor cannot access until he or she is an adult. There may be exceptions when a court hearing is not required or when some of the funds may be accessible earlier. Speak with a San Francisco personal injury attorney who can advise you on what to expect.
Ms. Bogaards never backs down from a challenge, and her record shows it.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
Partial finger amputation of 8-year-old boy with comparative fault.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Over 35 years of professional excellence
My mediation appointment with Ms. Bogaards was more than interesting as it was conducted exclusively by phone due to the health crisis. Despite this, it went smoothly and productively. The case settled within the allotted time frame due largely in part to Ms. Bogaards persistence but also her vast experience in personal injury work. It was obvious her defense and plaintiff’s background gave her credibility with both parties. All in all, it was all a very positive experience for a first-time use. She was prepared and knew the flash points needed to get this settled. It took time but it was due to the parties obstinance, which she dealt with professionally and civilly. I’ve known Ms. Bogaards over the years from having litigated with her in her role as a defense attorney. I thought this case was perfect for a Mediator with a defense background that also does plaintiff’s work, as she does. I was very impressed with her grasp of value as regards a plaintiff’s case. She was spot on regarding the values and issues. I would not hesitate to use her again and recommend her as a Mediator to all plaintiff’s attorneys who view her strictly as a former defense attorney. She is way more than that; very efficient, there was no wasted time.
Debra Bogaards is one of the most thorough, skilled and aggressive litigators in the Bay Area. She protects her clients and their interests like a mama bear to her cubs. I speak both as a client for whom Ms. Bogaards achieved an incredible result, and as a colleague who has worked beside Ms. Bogaards and has seen her diligence and thought process. Here skillset and tremendous presence and command, regardless of the forum, makes for a most fierce litigator. Ms. Bogaards is always my first recommendation to clients and friends seeking to protect their legal rights relating to personal injuries.
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