Feb 24, 2022 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

3 Primary Duties of Brain Injury Attorneys

Brain injuries interfere with proper functioning of the brain, and by extension the body, since the brain controls other organs of the body. A brain injury can be mild, moderate, or severe (TBI), and it can result from a head blow, a jolt, a penetrating injury, a blunt object strike, and much more. According to the CDC, over 60,000 TBI-related deaths occurred in the U.S in 2019–translating to 166 brain injury-related deaths per day. The good part is that you can contact a Bakersfield brain injury attorney if you or a loved one suffers brain injuries caused by the negligence of an entity or another person. The consequences of a severe brain injury (TBI) can be long-term and you may be dependent on other people for the rest of your life, bearing in mind that it’s hard to provide care for brain injury survivors. TBI may cause death and disabilities, and that’s why you should consult a Bakersfield brain injury attorney to ensure your future is financially, emotionally, and physically safeguarded. The brain injury attorney will take up your case and help you concentrate on recovery. Your attorney will file a legal action to recover damages for the injuries on your behalf. The recoverable damages can be for past and future medical expenses, lost job opportunities and lost earnings, as well as damages for emotional distress arising from the brain injury. Who’s More Susceptible to Brain Injury? Anyone can suffer from a brain injury regardless of age, but it’s more prevalent in: Minorities (racial and ethnic). Veterans, including service men and women. The homeless. Rural dwellers. People in violent relationships. Prisoners, detainees, and those in correctional facilities. Senior citizens, children, and teens. Contact sports (men or women). Importance of a Brain Injury Attorney The scope of a brain injury attorney’s work is vast but can help brain injury survivors in the following ways: Building a strong case Your brain injury attorney should gather evidence by getting the necessary facts to build a strong lawsuit. The important details needed to initiate a legal action include degree of responsibility of the accused, degree of negligence, preventative measures in place, and much more. Brain injuries usually elicit compassion even–from the jury–but you must prove your case to be compensated. Negotiating fair awards Defendants will typically make hurried offers and rush the process to confuse a brain injury survivor, and that’s why it’s important to involve your attorney in everything since they can tell whether an offer is fair or not. You should consider, among many others, the following expenses when drafting your claim: The cost of any surgery. Medication cost. Money spent on assistive devices, including crutches and wheelchairs. Money spent on medical appointments. Therapy and ambulance expenses. Money needed to make changes to your house to accommodate your injuries, if needed Legal Representation The primary role of your attorney is providing legal representation, besides legal counsel. Working with doctors and other medical professionals, your attorney should recommend a good treatment plan and be your primary legal representative in all matters related to your brain injury. Brain injuries can be life-changing and a source of misery since you’ll constantly need medication and may suffer a variety of consequences, including behavioral as well as physical disabilities.  A competent brain injury attorney can help you bring sanity as you recover and contemplate your future.

Continue Reading

Feb 14, 2022 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

The Role of Car Accident Attorneys in Bakersfield

Some victims of car accidents don’t seek justice for personal injuries, because they don’t know the law can help them. The law can cover many aspects of car accident damages, such as personal property damaged at the time of the accident, as well as for your injuries. In Bakersfield, the defendant is expected to compensate the plaintiff in personal injury lawsuits. Fortunately, a Bakersfield car accident attorney can help. In many car accidents, a person is left with life-threatening conditions. If you’re a car accident victim and live in Bakersfield, you should contact a Bakersfield car accident attorney. An attorney will provide legal counsel, and may initiate a court trial, besides safeguarding your constitutional rights. Why You Shouldn’t Pursue Justice Without an Attorney If you don’t have legal representation, pursuing claims for personal injury can be difficult, thanks to the challenges presented by insurance companies and by the legal system as well.  Most accident victims will hire a car accident attorney for the following reasons: The Technicality of Law Understanding legal terms and language is only possible if you have a legal background. Why? Law is learned in law schools, and if you’ve never been there, you need a legal expert to help you out. Even legal professionals seek legal representation for their legal issues since they’ve only specialized in a particular practice area. Dire Consequences of a Lost Trial You risk a lot when you represent yourself with legal issues. You’re not at your best, there are difficult procedural rules and it could be difficult for you to visualize things from the right perspective. Besides, most lawyers will not charge you after losing a case. You’re only charged after a successful case. Court Protocols Every industry has a certain way of doing things, and the legal industry is not an exception. Without a legal background, you’ll undoubtedly struggle with court protocols, such as filling and filing legal documents, timelines for completing legal documents and many other rules. A mistake at this point can cost your case. Access to Key Witnesses and Experts Personal injury lawyers have a network of experts to help them establish facts and opinions for strong cases. Also,  a good investigator can interview witnesses to prepare for trial. Qualities of a Competent Attorney for Car Accidents The common qualities of a competent attorney include:  Passion for Law and Clients As a minimum requirement, reliable lawyers should be passionate about the law, and about helping their clients. Unfortunately, many are not. Passionate lawyers are some of the most hardworking individuals and can sometimes make the difference between winning and losing a case on your behalf. Communication Skills Competent attorneys must be great communicators to execute their duties effectively. They encounter different types of people, such as insurance companies, defense lawyers, judges and the jury–meaning they should understand and be understood by everyone. As per research, most American law firms struggle with attracting, retaining, and understanding clients, thanks to poor communication skills.  Knowledgeable in Law Car accident lawyers should be experts in personal injury law. No one wants to be represented by an inexperienced attorney. Your legal team sets the direction of your case. With a good attorney for car accidents, you’ll have a much better chance of getting a fair trial and fair compensation.

Continue Reading

Jan 18, 2022 | By Young Wooldridge, LLP | Read Time: 3 minutes | Personal Injury

Causes of Car Accidents in Bakersfield

According to a recent study, road accidents involving small passenger cars have become a common occurrence, thanks to poorly trained drivers, bad road networks, disobedience to traffic laws, and much more. Even Covid 19 has increased the number of accidents on the roadway, presumably because drivers are more distracted or emotionally stressed out.  A car accident can leave incalculable suffering and dire consequences in its wake, such as physical injuries, lost earnings and lost job opportunities, financial stress, and much more. Although most car accident victims are not aware, you can be compensated for your personal injuries and property damage if you’ve experienced a car accident anywhere in Bakersfield. A car accident attorney in Bakersfield will give you legal advice and help you in the process of seeking justice for your injuries and damaged property. They will also initiate a demand while ensuring you still enjoy your legal rights as enshrined in the constitution. What are the Causes of Road Accidents? Approximately 600,000 car accidents occur every day throughout the world, leading to 20 million serious physical injuries, or even worse, permanent disabilities and death. The following are some of the common causes of car accidents: Disobeying Road Signs and Traffic Laws Simple traffic laws, such as stopping at a red light even when the road is clear, are often ignored by many drivers, but could be catastrophic. Even when in a hurry, all road rules, including the following should be observed to avert road accidents: Stop signs. Do not enter. Railway crossing sign. Pedestrians crossing. No parking sign. No U-turn sign. Exceeding Speed Limits All states in the U.S have varying speed limits to be observed by all drivers, the failure of which may result in road accidents. California traffic laws have set the speed limit for urban zones as a maximum of 55 mph on double-lane roads, and 65 mph on multi-lane roads. However, drivers are encouraged to maintain the speed limits for different zones, such as commercial, school, or residential zones, which typically are much lower. Driving Under the Influence DUI/DWI is a traffic offence and punishable by law in Bakersfield, where the penalties for a first DWI offense could range from anything between a minimum jail term, fine, license revocation, and at worst, a total suspension of your license,  The cost of getting one single  DUI can be over $10,000 when fines and lawyer costs are calculated in. Human Error Human error mostly happens when drivers are not alert.  Driving while tired should be avoided at all costs. Distracted Driving The driver’s duty is to focus on the task at hand, driving, once in the driver’s seat. Any other activities are considered distractions, which are recipes for looming disasters. Bad Road Networks Bad roads are a major cause of road accidents the world over, potholes being the major culprit. A driver may run into oncoming traffic when trying to avoid potholes. Sometimes roadway edges have drop offs which can also lead to accidents. Why you need a Car Accident Attorney Hiring the services of an attorney can significantly influence the outcome of your case. The benefits of having an attorney include: Wealth of Experience Car accident attorneys handle car accident cases with many different facts. The experience gained from handling similar cases helps them deduce what works best in different circumstances. Negotiating for Fair Settlement In most cases, the liable party tries to negotiate the lowest possible settlement in a car accident case. A good attorney can easily tell if the settlement is fair or otherwise. The defendant can exploit your naivety and ignorance if you  try to represent yourself, especially when the defendant has an insurance company,  and that could result in unfair compensation. A car accident attorney could be the key to a successful car accident case. He ensures you get a chance at a fair trial, besides safeguarding your rights and interests through all the pre-trial phases of your case. Additionally, you’re likely to end up with greater compensation, unlike if you try to go it alone.

Continue Reading

Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

I Loaned My Car and The Driver Had an Accident, Am I Liable?

You would not be the first person who loaned their vehicle to somebody and that vehicle was involved in a car accident. The question then is are you liable for the car accident? This will be the topic for discussion of this article. Generally in car accidents the driver owns the vehicle, so issues of liability and insurance are pretty straightforward. However, in the event the vehicle has been loaned to somebody else who is at the wheel, how does this work out? For legal advice on your unique case contact a car accident attorney in Bakersfield. Some common scenarios where a vehicle has been loaned and an accident happens include the following: ● Your employee behind the wheel – while you may not be physically behind the wheel and your employee holds their own driver’s license, unfortunately, as the employer, the law may hold you responsible for any negligent driving that is committed by your employee while undertaking the employment duties at the time of the accident. However, if the accident occurred outside working hours while the employee was not on duty, liability is less  likely to extend to the employer. ● Someone borrowed your car – it is not illegal to loan someone your vehicle so long as you have given them permission to drive it. However, before turning over the keys it is important to know whether or not your car insurance covers them in the event of an accident. If the individual is a family member who regularly borrows your vehicle, you might want to add their name on your policy as a driver allowing them to claim from your insurance company in the event of an accident. If the individual is a friend in need who has their own vehicle and their own insurance coverage, in the event of an accident, you will need to read the fine print of both the policies as to which policy will be applicable. It is of the utmost importance to read the fine print of your policy to know whether or not your insurance coverage applies in any of these situations ● Lending your vehicle to an incompetent or unfit driver – as noted by the term incompetent or unfit by giving permission to this individual and their negligent driving, if they have a car accident, the resultant injuries and damages will likely extend to you as the owner of the vehicle if you were negligent in your entrusting or lending your vehicle to someone you knew or should have known was unfit to drive. Such a case is referred to as negligent entrustment [Negligent Entrustment legal definition of Negligent Entrustment (thefreedictionary.com)]. However, the burden of proof is on the plaintiff to prove that as the car owner you knew or should have known that the driver was incompetent or unfit at the time that you gave permission for him or her to drive your vehicle. Negligent entrustment is committed when you lend your vehicle to the following type of driver: – a drunk individual or an individual who is likely to become drunk – a minor under the legal age to drive – inexperienced drivers driving without supervision – an elderly individual who is unfit to drive due to their age – a person with a history of reckless driving

Continue Reading

Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Gather Proof for Your Accident Injury Case

If you have suffered injuries and or other losses as a result of a car accident caused by someone else’s negligence, you may be eligible for compensation by way of a personal injury claim. In order for you to successfully receive compensation for your personal injury claim or lawsuit it is important you have the necessary proof as to who was at fault for the accident, and the type and severity of your damages. This article will discuss the list of some of the most important documents you will need to gather as proof for your personal injury case. According to one of the top Bakersfield auto accident lawyers [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] the success of a case lies in how much proof can be provided by the plaintiff. There are various amounts of proof a plaintiff can produce in order to prove their case with regards to fault and the nature and extent of their injuries and damages [Damages | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. Some of the most important documents a plaintiff might have in their possession include the following: Police reports – a police report may be called an incident, traffic collision or accident report, and can be prepared at the scene or, more  commonly, some time afterwards by a police officer. The information included in a police report is the determinations with regards to whether or not a traffic law was violated, statements provided by witnesses, passengers and drivers and other observations made by the officer. Medical records – if you are injured in the accident or were examined as a precaution, ensure you receive all medical records and information with regards to billing linked to your medical treatment. The information in medical records should include the medical professional who attended to you, treatment received, any diagnosis made, recommended treatment, medicines prescribed and any other conclusions or opinions the health care provider offered. Depending on how severe your injuries were and information regarding your treatment you may need to find medical records for emergency medical services, that is, the ambulance or paramedic company who responded to the accident, emergency room treatment, hospital admissions, pharmacy prescriptions, physical therapy and other healthcare providers and specialists you may have seen. Proof of income – if the injuries you sustained as a result of the accident caused you to miss work, you may be eligible for compensation for any lost income. Proof of such lost income which can be includes paycheck stubs, tip records, direct deposit records,  profit and loss statements, and any other financial documentation which provides information about the amount of income you lost due to time you missed from work as a result of the accident. Proof of vehicle value and/or vehicle damage estimates – if your vehicle was damaged as a result of the accident, you are likely entitled to repairs being paid for as a part of your personal injury lawsuit or claim. To determine how much compensation you will need it is important to know how much repairs will cost. In other cases it might be important to find out the actual cash value of your vehicle before the accident, if the vehicle is worth less than what it would cost to repair. Accident or injury journal or diary – this is where you document the impact the accident has had on your day-to-day life.

Continue Reading

Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

How To Get The Best Settlement For Your Car Accident

Victims of car accidents need to be fully compensated for the injuries they incur. Unfortunately, most defense attorneys and insurance companies will always take any possible opportunity to pay as little compensation as possible regardless of how serious the injuries are. In this article, we’ll be taking you through essential tips on how to get the best settlement with the help of a car accident lawyer in Bakersfield, Ca. d  Getting The Best Settlement  If you have been involved in a car accident, and the injuries and property damage were as a result of someone else’s negligence, you may have a claim.  But, there are few tips to consider for your settlement. They include: Never be in a hurry: Immediately after your injury, insurance adjusters will offer you some small amount to settle your claim. In most cases, the extent of the losses or damages remains unknown for several months. Therefore, it is never advisable to accept any offer until you are sure what the future is in terms of your recovery. Never decide before consulting your car accident lawyer. Ensure you have proper documentation of economic losses and life impacts: No insurance company will take your word for any aspect of your claim. You need to have proper documentation. The pain, suffering, and impact on the quality of your life should form the most significant part of the claim. It is appropriate to keep a calendar or diary of how you feel daily after the injury.  Also, keep a record of all the missed activities or work. Make sure you inform your physician whenever you miss work. Again, never forget to keep receipts of out-of-pocket expenses like housekeeping, prescriptions, etc. All these will help in building your insurance claim. Promptly follow through with medical treatment recommendations. Victims have a duty of mitigating, or lessening, their own damages in personal injury law. That means one has to take responsibility for minimizing their losses and effects of an injury to the extent possible.  Whenever you fail to abide by any recommended medical treatments, the insurance firm can claim you worsened your own injuries by not following the doctors’ recommendations.  You may want to refuse atreatment recommended by the doctor if you feel it does not make sense to you, but if you do so it is best to seek out a second opinion from another doctor first.  Be sure the physician documents the choice you made by noting it in the medical record.  For example, if a doctor recommends surgery and you are simply not willing to go through with it, make sure you ask the doctor to document the recommendation and your choice not to get the surgery.  Your   choice may change one day in the future as things develop. Get an Attorney in Time  Although it is possible to negotiate a personal injury claim on your own, keeping track of all the things to be documented can be pretty demanding. Insurance companies will typically offer far less to someone who represents themselves.  You would likely be better off seeking help from a skilled car accident lawyer. Without an attorney, no insurance company will take you seriously when making a settlement offer. To ensure you increase your chances of getting the best settlement, you should hire a professional attorney. The attorney will be responsible for identifying and collecting all the evidence for your claim and helping to ensure you get the most compensation. It does not matter if your accident was caused by a motorcycle, car, truck, or a bike; a personal injury lawyer will always seek the best for you.

Continue Reading

Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Value of a Knee Injury

If you are injured as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury case. The whole point of a personal injury claim is to receive compensation for whatever damages and losses you suffer as a result of the injury you sustained due to an accident or incident. Therefore, it is not unreasonable to want to know the value of your claim. This article will focus on factors that play a part in deciding the value of a knee injury personal injury claim.https: When it comes to valuing any personal injury case the truth of the matter is it entails basically coming up with the best likely guess of what a plaintiff may be awarded by a judge or jury. Therefore, you will need the help of a car accident lawyer in Bakersfield CA  as it takes two main issues into consideration using these as a yardstick: What the defendant would likely be willing to pay What the plaintiff would likely be willing to accept a settlement No matter whether it is the plaintiff or the defendant trying to calculate the compensation two factors stand out when it comes to valuing injury cases, these are: How bad was the plaintiff’s injuries and how much are his or her losses? The likelihood of a jury finding the defendant liable for the accident or incident that led to the knee injury. When considering the extent of the plaintiff’s injuries the nature, severity and duration of the knee injury take precedence as determining elements. According to Orthoinfo [Common Knee Injuries – OrthoInfo – AAOS] a ‘knee is a very complex joint made up of many components, as a result, it is vulnerable to a number of injuries. Knees are made up of bone, cartilage, tendons and ligaments’. Common knee injuries that may be suffered include dislocations, sprains, fractures, meniscus tears, joint or bone damage and tears to the ligament. Typically, the higher the severity and long-lasting the knee injury, the higher the compensation for settlement or jury verdict to be expected. In addition, injuries such as fractured bones often lead to larger settlements in comparison to soft tissue injuries; and any injury that can be proven by way of an MRI or x-ray are likely to be taken more seriously, as compared to ones that do not appear on imaging evidence. Further, more weight is assigned to injuries that require treatment by physicians rather than physical therapists or chiropractors. It must be noted that trying to accurately determine how much compensation will be received by a plaintiff is difficult and almost impossible. This is because if the matter goes to trial the jury ultimately makes the final decision as to how much money the defendant must pay the plaintiff. However, some aspects are easier to predict such

Continue Reading

Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Residual Injuries and Compensation

After being involved in an accident that has left you with injuries, sometimes it is hard to determine how long those injuries will last. There are what is referred to as residual injuries or long lasting injuries, which can be sustained in a car accident. It is important to understand how such residual injuries may affect the compensation value of your claim. This article will discuss the effects that residual injuries have on your personal injury case value. The term residual injury is used in reference to permanent or long-lasting injuries that are suffered by an accident victim. Speak to a car accident attorney in Bakersfield  to know more about the residual injury damages in your case. Residual injuries include: Scarring – a common and permanent residual injury is scarring. This can be either from the original injury suffered by the individual or as a result of the needed medical treatment they underwent. When scarring is extensive and or prominent it often means that the plaintiff will receive a large value for damages. Such a large value can be attributed to cosmetic reasons as well as the fact that scar tissue results in the area where it is on the flesh to be less flexible. When scarring is found on joints or areas of the body that flex it may result in permanent, while slight, loss of movement. As such, it gives reason for a higher value in damages. Disfigurement[Disfigurement Definition | Law Insider] – it is often the case that any compensation with regards to the disfigurement of an individual has a high monetary value only when the scarring and disfigured area is visible to the public. For disfigured areas that are found underneath clothes or can be covered by clothes these generally do not attract a high value for damages. Further, while there is no written social bias it is likely that a woman who has permanent scarring and disfigurement is considered to be more affected as compared to a man who may have the exact same scar on the exact same place of the body. Even aspects of ageism come into play, as well as social standing. For example, a young single woman is more likely to be compensated more for her scars as compared to an older married woman. Joint or back injuries – some injuries related to joints and back leave permanent or long-lasting effects after one is involved in an accident. This is especially so in accidents that cause spine disc injuries displacement, damage or narrowing to the vertebra cartilage, dislocation or ligament injury to any joints While it may be true that the pain subsides or the injury resolves or stabilizes, it is likely that the injured individual will suffer some form of discomfort, pain or a lack of mobility as they age. As a result, such injuries attract a higher compensation value. The truth is that no matter how small the residual injury, disability or disfigurement is, it can have a large and long-lasting effect on your life for a long time. And when an injury has a serious effect on our lives it has a direct impact on the value of our personal injury case.

Continue Reading

Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Vehicle Accidents: Common Injuries

It has been reported by the National Highway Traffic Safety Administration that over 3 million people are injured annually in vehicle accidents across the United States. The types of injuries are largely based on the circumstances surrounding the accident, however, some injuries are more common than others. This article will discuss the most common type of injuries being caused in vehicle accidents. In some circumstances injuries resulting from a car accident may very well resolve in a few days even without a person receiving medical treatment. However, this is not the case with more serious injuries, such as those that may result in causing permanent disability. If you are involved in a car accident then speak to Bakersfield auto accident lawyers [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] with regards to availing the due compensation for your injuries. Injury severity and type basically depends on a number of factors; such as: Whether or not the individual was wearing a seatbelt The position the individual’s vehicle was hit from; that is the side, front or rear end What was the positioning of the individual’s body; facing forward, sideways? The speed at which the accident occurred; was it a high speed accident or low speed one? The presence of airbags in the vehicle, and their positioning Generally, there are two categories of injuries that result from car accidents; impact injuries and penetrating injuries. Impact injuries are when an individual’s body hits some part of the inside of the vehicle. For example, when you hit your elbow on the frame of the door. Penetrating injuries, on the other hand, are generally cuts and scrapes; this can be as a result of glass that has shattered or objects flying inside the car. The most common injuries caused in a car accident are: Soft tissue injuries – these are injuries to the body’s connective tissue that is ligaments, tendons and muscles. A typical example of a soft tissue injury that is common in car accidents is whiplash[Whiplash – Symptoms and causes – Mayo Clinic]. This type of injury is where the muscles and ligaments in the neck and upper back are stretched as a result of the jerking movement of the head and neck caused in an accident. Cuts and scrapes – it is not uncommon to have various items in our vehicles for our convenience such as glasses, cell phones, coffee mugs, dash cams, handbags, and even books. It is these things that cause cuts and scrapes in the event of an accident as these loose objects fly around in the car during the collision and may inflict injury to the vehicle occupants. An airbag could result in cuts and scrapes when it deploys. Head injuries – these may range from minor to serious. When a vehicle stops unexpectedly or changes direction occupants’ heads are subjected to sudden movements that are unnatural. These may result in muscle strains as well as a shaking of the brain. The domino effect of the accident could result in traumatic brain injury, concussions, brain bleeds, etc. Chest injuries – these often happen due to the positioning of the steering wheel and how much freedom of movement is available. An occupant’s body can be thrown forward against a seatbelt which can result in bruising Leg and arm injuries – are often from side impact

Continue Reading

Oct 26, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Personal Injury Involving Minors

Most personal injury cases result from accidents or incidents that involve adults. However, it is unfortunate that some accidents or incidents involve children. This article will discuss personal injury laws relating to accidents and incidents involving children. It must be noted that personal injury law assumes that a child does not use the same well-informed judgment as compared to adults. As a result, there are special rules that have been created when it comes to issues relating to compensation and liability for accidents that involve children. While accident occurrences are not uncommon with children, there exist certain incidents that befall children that lead to a personal injury claim. As with a personal injury claims relating to an adult, the issue of negligence [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] or carelessness plays a large part even in personal injury claims relating to children. Take note that, for personal injury case, a child is considered to  be any person under the age of 18. It must be noted that while the procedures and rules used with regards to personal injury compensation vary from one state to the next, children are entitled to the same range of damages that can be compensated for in a personal injury case that was filed by an adult. Therefore, a child may be compensated for pain and suffering, disability, emotional distress, and permanent injury,  even for future lost income if the injuries are severe and permanent. In addition, the child’s parent or guardian has the right to be compensated for medical bills that were paid on behalf of the child; however, this is separate from the other damages. As expected, a child is not able to negotiate the settlement of their personal injury claim, therefore, their parents have the legal right to do this on their behalf, hopefully with the assistance of legal representation from Bakersfield car accident lawyers. Most states in the United States, including California,  require a judge to approve any settlement before it is finalized on behalf of the child. There are instances where minors are legally liable for accidents. The liability is similar to the issue of care and carelessness as in all personal injury claims involving adults. However, the standard of care expected of an adult does not apply to minors. The issue of one being careful gives the implication of the individual fully understanding the risks associated with being careless; however, minors, and specifically young children, do not fully comprehend the risks in the same way that an adult does. As a result, the standards are applied differently with children in different age groups regarding the standard of liability or negligence. Generally, children who are younger than 7 years of age are not held liable for injuries that were caused accidentally; it is said that they are too young to comprehend their actions were careless. However, their parents or legal guardians may be held liable for negligence for failure to control their child  in such instances Older children, above 7 years old, on the other hand, are typically held responsible for their negligence if they fail to act carefully,  but since they are children their actions are judged by the actions of a reasonably careful  child of  the same age. However, children in their middle teens are generally held to the same standard as adults.  

Continue Reading