Aurora Child Injury Lawyer
A child’s injury can be especially heartbreaking because of its impact on their future, including increased medical needs or limited ability to support themselves financially. Even less serious injuries can create lifelong trauma because of how they happen and their effect on a child’s formative years.
When another party is responsible for causing your son or daughter harm, our Aurora child injury lawyers could provide counsel and representation in a claim for damages. The compassionate personal injury attorneys with Amy G. Injury Firm could explore your case details and help pursue a successful claim.
Identifying Liable Parties in a Child Injury Case
Assigning liability in a child injury case depends on the underlying causes and circumstances. Generally, a party is at fault for another individual’s injury when their conduct does not meet the standard of care a reasonable person would exercise in a similar situation.
Some common examples of incidents where someone could be liable for a child injury include the following:
- Motor vehicle accidents
- Using or consuming a dangerous or defective product
- Slipping or falling on another person’s property
- Dog bites and other animal interactions
During an initial consultation, a Aurora child injury attorney could identify the parties potentially liable for an accident based on the facts of their client’s case.
The Statute of Limitations
A two-year statute of limitations applies to most personal injury lawsuits in Colorado and generally begins on the date of the incident causing injury. Plaintiffs must file within this period to preserve their right to obtain compensation through a judgment in court.
Can a Child Be at Fault for Their Injuries?
A plaintiff’s negligence in causing their own injury can reduce their available damages at trial under CRS 13-21-111 and possibly bar recovery when greater than 50 percent. However, Colorado’s comparative fault rule applies differently to children.
As reflected in Colorado Civil Pattern Jury Instruction 9:9, minors under the age of seven are incapable of negligence. Those over seven can be negligent if they act without the ordinary care a child with comparable experience and intelligence would use.
The role of contributory negligence in a child injury case will be highly fact-specific, and a Aurora lawyer could help by presenting available arguments at trial or during settlement discussions.
Establishing Premises Liability With The Attractive Nuisance Law
Colorado’s attractive nuisance law is closely related to issues of comparative fault, which applies in child injury cases that occur because of a property owner’s neglect of their land.
Children under the age of 14 are incapable of realizing the dangers of a property’s condition that is unusually attractive to them. Because of this, landowners can be held liable for related injuries per Jury Instruction 12:4. In addition, a landowner’s premises liability in cases of attractive nuisances can attach regardless of whether the injured child was a trespasser on the property.
Get in Touch With a Aurora Child Injury Lawyer Today
Meeting with professional legal counsel as soon as possible after a child’s injury is essential for determining applicable filing deadlines and gathering evidence. When your son or daughter is hurt due to another person’s negligence, you deserve justice from the liable party.
Get connected with our Aurora child injury lawyers today to discuss your legal options and get help pursuing a claim.
