Can an Arizona Personal Injury Attorney Help My Child if Injured?

When your child is injured, your primary concern is their health and well-being. But once the immediate medical concerns are addressed, you may find yourself wondering, “Do I need an personal injury attorney if my child is injured in Arizona?” The answer is often yes, especially when it comes to ensuring that your child’s rights are protected and that you receive appropriate compensation for their injuries.

Dealing with a child’s injury can be emotionally overwhelming, and navigating the legal system can add further stress to an already challenging situation. The Law Office of Shiloh K. Hoggard, P.L.L.C. is here to help you understand what steps to take next. If your child has been injured due to someone else’s negligence, consult with a skilled personal injury attorney in Cottonwood, Arizona, to explore your options.

Below are ten reasons why hiring an Arizona personal injury attorney for your child’s injury case is critical.

Reason 1: Understanding Comparative Negligence Laws 

Under Arizona’s comparative negligence laws (Arizona Revised Statutes § 12-2505), fault can be divided among multiple parties. If the insurance company or the opposing party argues that you or your child is partially at fault, it can reduce your potential compensation proportionally. For example, if it is determined that you were 20% at fault, your compensation will be reduced by 20%. A knowledgeable personal injury attorney in Arizona can help gather evidence and build a strong case to counter these claims, ensuring that any assignment of fault is fair and that you receive the maximum compensation available.

Reason 2: Compliance with Statute of Limitations 

Arizona law requires personal injury claims to be filed within a specific timeframe, typically two years from the date of injury (Arizona Revised Statutes § 12-542). For minors, however, the statute of limitations is extended until two years after the child turns 18. This means that while there may be more time to file a claim, it is crucial to act as soon as possible. An attorney will ensure that all relevant deadlines are met and that your case is not dismissed due to procedural technicalities, which could otherwise forfeit your chance for compensation.

Reason 3: Accurately Evaluating the Value of the Claim 

Determining the true value of a child injury claim involves several factors beyond immediate medical costs. Future medical care, rehabilitation, emotional trauma, pain and suffering, and even the long-term impact on your child’s quality of life must be considered. An attorney will work with medical professionals and financial experts to project the full scope of the damages, ensuring that all future needs are accounted for and that your family receives fair compensation that reflects the long-term impact of the injury.

Reason 4: Handling Insurance Companies’ Tactics 

Insurance companies are businesses with the goal of minimizing payouts to maximize profit. Adjusters are trained to offer settlements that are often far below what is actually needed. Arizona’s unfair claims settlement practices law (A.R.S. § 20-461) requires insurers to act in good faith, but violations of this law can still occur. An attorney will take over negotiations with insurance companies to protect your rights, using their experience to push for a settlement that reflects the true extent of your child’s injuries and future needs. Without legal representation, families often accept offers that are insufficient to cover ongoing medical expenses and rehabilitation.

Reason 5: Strict Liability in Dog Bite Cases 

Arizona follows a strict liability rule for dog bite cases (Arizona Revised Statutes § 11-1025), which holds the dog owner liable for injuries caused by their dog regardless of whether the dog had a history of aggression. This means that even if it was the first time the dog had bitten anyone, the owner could still be responsible for compensating your child’s injuries. 

An attorney will guide you through the legal process, help you gather the necessary evidence, and make sure that you receive the compensation your child deserves for medical expenses, emotional trauma, and more. It is crucial to understand your rights under strict liability to fully recover the damages your child has suffered.

Reason 6: Collecting and Preserving Evidence 

Building a strong personal injury case requires collecting all relevant evidence to establish liability and damages. This includes medical records, witness statements, accident reports, surveillance footage, and expert testimony. Under Arizona Rules of Evidence, such evidence must meet specific standards to be admissible in court. An attorney knows how to collect, preserve, and present this evidence effectively, making it critical for ensuring that your case is as strong as possible. Properly documented evidence is key to proving negligence and securing fair compensation.

Reason 7: Ensuring Protection of Your Child’s Rights 

Children are particularly vulnerable in legal situations, and they need a dedicated advocate who understands their unique rights and needs. Arizona law requires that settlements involving minors must be approved by a court to ensure that the child’s best interests are served (Arizona Rules of Civil Procedure Rule 17(g)). 

An attorney experienced in child injury cases will ensure that your child’s rights are protected throughout the process and that any settlement agreement is fair and in your child’s best interest. The attorney will also ensure that the compensation is managed in a way that benefits the child both now and in the future, such as through structured settlements.

Reason 8: Legal Representation in Court 

While many personal injury claims are resolved through settlement negotiations, some may require litigation to achieve a fair outcome. If a settlement cannot be reached, an attorney will prepare to take the case to court, represent your interests, and present evidence to advocate for the best possible outcome for your child. 

In Arizona, court proceedings follow strict procedural rules, including Arizona’s Rules of Civil Procedure, which govern how cases must be filed, presented, and argued. Having an attorney familiar with these requirements can make a significant difference in the outcome of your case, ensuring that your child’s rights are upheld throughout the court process.

Reason 9: Understanding Premises Liability Laws 

If your child was injured on someone else’s property due to unsafe conditions, Arizona’s premises liability laws (Arizona Revised Statutes § 33-1551) may apply. Property owners have a duty to maintain safe conditions, particularly when children are involved. The “attractive nuisance” doctrine may also come into play, which holds property owners responsible if a hazardous condition on their property attracts children and leads to injury. 

This can include unsecured swimming pools, broken playground equipment, or other dangerous items that could attract a child. An attorney can evaluate whether these laws apply to your case, gather evidence to prove negligence, and pursue a claim to recover compensation for your child’s injuries, ensuring that property owners are held accountable for unsafe conditions.

Reason 10: Attorneys Work on a Contingency Fee Basis

Most personal injury attorneys work on a contingency fee basis. This means you do not have to pay legal fees unless compensation is recovered on your behalf. This arrangement allows families to pursue justice without the added stress of upfront costs. Contingency-based representation is especially helpful in cases involving children, where medical and rehabilitation expenses can already be overwhelming. 

By working with an attorney, you can ensure that your child’s rights are fully protected without worrying about financial barriers. It also allows families to access quality representation that they may not otherwise be able to afford, ensuring that their child’s case is given the attention it deserves.

Hiring an attorney for your child’s injury case ensures that you have a legal advocate who understands Arizona law in depth and is committed to securing the best possible outcome. With a trusted attorney by your side, you can focus on helping your child recover while knowing that your legal rights are being protected.

For further information on Arizona personal injury laws and how they apply to child injury cases, get direct guidance from the Law Office of Shiloh K. Hoggard, P.L.L.C. Call us today.