When a child is seriously injured, everything changes. The fear, the pain, and the uncertainty can overwhelm even the strongest families. At Siegal & Richardson, LLP, we fight for children who’ve been hurt because someone acted carelessly—and we take that fight personally. These cases aren’t just about money—they’re about accountability and justice for some of the most vulnerable people in our community. We go after those responsible and work to hold them accountable under California law. In this piece, Siegal & Richardson, LLP explains important information about child injury cases, including the legal options available to victims, the possible types of financial compensation that can be received, and how a Berkeley child injury lawyer can fight on the victim’s behalf to obtain compensation and justice.
Common Types of Child Injuries That May Lead to a Legal Claim
Brain and Head Injuries — These injuries can happen when a child falls, is struck by something, or is in a crash. They range from mild concussions to severe traumatic brain injuries that affect thinking, movement, or mood. Symptoms might not appear right away. Some kids experience memory loss, headaches, dizziness, or changes in behavior or coordination. In serious cases, brain swelling or bleeding may require emergency surgery. Head injuries in children can also affect development if not treated quickly.
Broken Bones and Fractures — A child’s bones are softer and still growing, which means they can break more easily. Broken bone injuries are common during sports, bike riding, or when falling from playground equipment. Growth plate fractures are unique to children and may affect how a bone develops over time. Signs include pain, swelling, and trouble moving the limb. Some breaks need surgery or casting, and healing may take longer if the bone growth is disrupted.
Burns and Scalds — Children often suffer burns from hot liquids, electrical outlets, chemical cleaners, or contact with hot surfaces. Burns are classified by degrees, with deeper burns affecting nerves, muscle, or even bone. Young children are especially vulnerable to scalding from bathwater or spilled drinks. Burns can lead to permanent scarring, infection, or emotional trauma. Healing time depends on the severity and the child’s age.
Drowning and Near-Drowning Accidents — Drowning is one of the top causes of death in young children. Even a few inches of water in a tub or bucket can be dangerous. Near-drowning can lead to brain damage from lack of oxygen. These incidents usually happen quickly and silently. Some children may need long-term care afterward, especially if their breathing or brain function was affected.
Poisoning — Kids may swallow pills, cleaning products, cosmetics, or plants that are toxic. Young children are especially at risk because they explore the world by putting things in their mouths. Some poisons cause vomiting, drowsiness, or seizures. Others can damage internal organs. Lead poisoning from paint or soil can affect learning and behavior and may not show signs right away.
Choking and Suffocation — Small toys, food, coins, or pieces of plastic can block a child’s airway. Young children under age three are at higher risk because their airways are smaller and they don’t chew food well. Choking can cause coughing, wheezing, or unconsciousness. Suffocation may happen in unsafe sleeping spaces, like beds with loose blankets or soft pillows.
Cuts, Lacerations, and Scarring — Children can get deep cuts from broken glass, sharp corners, or exposed metal edges. Some wounds need stitches or leave lasting scars, especially on the face or hands. Dirty cuts may lead to infection. If nerves or muscles are damaged, a child might lose feeling or strength in that area.
Internal Injuries and Organ Damage — These injuries aren’t always obvious but can be very serious. They may involve bleeding or damage to organs like the liver, spleen, or lungs. Kids often suffer these injuries after blunt trauma—like being hit in the stomach or chest. Symptoms include stomach pain, fainting, or rapid breathing. Some children may need scans, surgery, or a hospital stay to recover.
Emotional and Psychological Trauma — Not all injuries are physical. Children may be emotionally harmed by accidents, abuse, bullying, or witnessing scary events. Signs include nightmares, withdrawal, fearfulness, or anger. Some kids may stop speaking or lose interest in things they used to enjoy. Trauma at a young age can affect emotional growth, school performance, and relationships over time.
Who’s Legally Responsible for Your Child’s Injury in California
Schools, Camps, and Daycares — Places that agree to watch over your child—like schools and licensed daycares—have a legal duty to protect them from harm. California Education Code § 44807 says that teachers and staff must exercise the same level of care a reasonable parent would. If they fail to do that and your child gets injured, the school or childcare provider could be held liable.
Landlords and Property Owners — When your child is hurt in a rental unit or on someone else’s property, the owner might be at fault. California Civil Code § 1714 makes property owners responsible if they don’t fix dangerous conditions that they knew—or should have known—about. This includes landlords who ignore safety complaints and public spaces that aren’t maintained properly.
Product Manufacturers and Sellers — If a defective product like a crib, toy, or stroller injured your child, California law lets you hold the company accountable. Civil Code § 1714.45 allows you to file a claim if the product had a design flaw, was made improperly, or didn’t include clear safety warnings. You don’t have to prove the company was careless—just that the product was unsafe and caused harm.
Drivers and Vehicle Owners — In cases where a car hits a child walking, biking, or riding as a passenger, the driver can be held responsible under California Vehicle Code § 21950, which requires drivers to yield to pedestrians. If the driver was distracted, speeding, or failed to follow traffic laws, that’s negligence.
Caretakers or Individuals Who Commit Abuse — If someone intentionally hurts your child, whether it’s a babysitter, coach, or neighbor, they can face both criminal charges and civil lawsuits. The Child Abuse and Neglect Reporting Act (Penal Code §§ 11164–11174.3) creates mandatory reporting rules, but civil liability comes down to proving that the person’s actions caused your child’s injuries. In some cases, institutions that hired the abuser without proper background checks may also be held responsible.
Other Parents or Guardians — While rare, there are situations where another child’s parent may be legally responsible—especially if they were grossly negligent in a way that caused harm to your child. California law doesn’t automatically hold parents liable for their child’s actions, but under specific facts, Civil Code § 1714 may still apply.
Property Owners Who Fail to Secure Attractive Nuisances — An attractive nuisance is something on someone’s property that is likely to draw a child in—even though it’s dangerous. This can include things like swimming pools, trampolines, abandoned vehicles, or construction sites. Under California premises liability law, property owners may be liable if they don’t take steps to block a child’s access to these types of hazards. California courts focus on whether the owner should have expected children to trespass and get hurt. If a child is injured by something like an unfenced pool or an unsecured junk pile, the owner can often be held legally responsible.
What a Berkeley Child Injury Lawyer Does to Help Your Family
Why Child Injury Cases Are Different — A child’s injury isn’t just about scraped knees or broken bones—it’s about protecting their future. Children are still physically, mentally, and emotionally developing, so even a seemingly minor injury can affect their growth, education, social life, and career prospects. A Berkeley child injury lawyer takes all of that into account. Unlike in most adult cases, California law usually requires that a court review and approve any settlement on behalf of a minor. Your lawyer must build a detailed, forward-looking case that shows how the injury will continue to affect your child’s life—not just today, but years from now.
To do that, your lawyer will:
- Work with pediatric specialists to understand long-term medical needs
- Gather school records and psychological evaluations
- Document physical and emotional changes caused by the injury
- Make sure any settlement meets the strict standards set by the court
How Your Lawyer Builds and Manages the Case — Attorneys at Siegal & Richardson, LLP do more than fill out paperwork. They handle every piece of the case from start to finish. If your child was hurt due to negligence at a school, daycare, playground, apartment, or business, your lawyer will:
- Investigate the cause of the injury and gather all evidence
- Interview witnesses, staff, and caregivers
- File claims with insurance companies and push back against delays or low offers
- Take your case to court if the other side refuses to settle fairly
- Use expert testimony to explain the impact of the injury to judges or juries
In wrongful death cases, your lawyer can also file a claim under California Code of Civil Procedure § 377.60 for funeral costs, loss of companionship, and emotional suffering.
The Types of Compensation Your Lawyer Fights For — A serious child injury can bring years of expenses and hardship. An experienced lawyer won’t let insurance companies undervalue your claim or rush you into a settlement that ignores future needs. Instead, they’ll pursue all the compensation your child and family deserve, which may include:
- Past and future medical bills
- Physical therapy, rehabilitation, and assistive devices
- Special education costs or home modifications
- Psychological counseling and trauma recovery
- Pain and suffering
- Loss of enjoyment of life
- Reduced future income (in cases with permanent disability)
- Funeral and burial expenses in wrongful death cases
They’ll build your case using expert opinions, projections, and documentation that show exactly what your child will need to live as fully and comfortably as possible.
Why Hiring the Right Lawyer Matters — Insurance companies often try to push quick settlements that don’t cover the full impact of a child’s injury. They may dispute the severity of the harm, delay your claim, or argue that someone else was responsible. A skilled Berkeley child injury lawyer won’t let that happen. They’ll stand between your family and the system, fighting for accountability and justice. You won’t have to worry about court deadlines, settlement negotiations, or navigating legal codes. Your lawyer handles it all—and you don’t pay anything unless they win. For families facing one of the most difficult moments of their lives, having the right lawyer means everything.
Questions You Might Have About Your Child’s Injury Case
What should I do right after my child gets hurt?
Get medical help right away, then take photos of the scene, collect names of witnesses, and keep records of everything. Report the incident to the proper authority—whether that’s a school, business, or property manager—immediately.
Should I hire a lawyer for this?
Yes. Child injury cases involve long-term medical and emotional impacts, special legal protections for minors, and deadlines that can be very strict. A lawyer makes sure nothing is missed and your child’s future is protected.
Can I sue a daycare or school?
Yes, if staff failed to supervise or protect your child. But if it’s a public entity like a school, you must file a government claim quickly under California Government Code § 911.2—within six months.
What if my child was partially at fault?
California law (Civil Code § 1714) says your child can still recover damages, even if partially at fault. Any award may be reduced, but you’re not automatically barred from making a claim because of shared blame.
How much time do I have to file a claim?
Most cases have a two-year limit under California Code of Civil Procedure § 335.1. But for injuries to minors or those involving public entities, different deadlines may apply. A lawyer will help you meet them.
Will my child have to testify in court?
Not usually. Most child injury cases settle out of court. If testimony is needed, your lawyer will work to keep your child comfortable or find alternatives like video testimony or written statements to reduce stress.
What kind of compensation can I get?
You may recover money for medical bills, therapy, pain and suffering, long-term care, and even loss of future income. If the injury caused emotional trauma, treatment for mental health may also be included in damages.
What if a defective toy or product caused the injury?
You may have a claim under Civil Code § 1714.45 for product liability. If the toy or product was unsafe, poorly made, or lacked warnings, the manufacturer or seller could be legally responsible for the harm.
Can I sue even if we were on someone else’s property?
Yes. Property owners must fix known hazards. Under Civil Code § 1714, if your child was injured because they didn’t maintain safe conditions, you may have a premises liability case—even if your child was visiting.
How much will a child injury lawyer cost me?
Most work on a contingency fee—you only pay if they win. That means no upfront cost to you. Make sure to discuss the exact fee structure and any case costs before signing a legal agreement.
Berkeley Child Injury Attorney
If your child has been hurt because someone else didn’t do their job to keep them safe, you don’t have time to waste. You want attorneys who are experienced, aggressive, and deeply committed to protecting children and their families. At Siegal & Richardson, LLP, our personal injury lawyers know how devastating it is to watch your child suffer—and we don’t back down when powerful institutions try to avoid responsibility. Whether your case involves a negligent daycare, a dangerous property, or a defective product, we’re ready to step in and take action.
Contact a Berkeley child injury attorney at Siegal & Richardson, LLP by calling (510) 271-6720 or contacting us online for a free consultation.