Frequently Asked Questions About Child Injury Law

As a child develops and grows into adolescence the effects of child maltreatment begin to manifest as poor academic performance, poor school attendance, substance abuse, promiscuity, aggression, depression, generalized anxiety disorder, suicide ideation, smoking addiction and teen pregnancy. 

Child maltreatment also continues to effect adults that were abused as children. Their symptoms may include post-traumatic stress disorder, un-employment, low self-esteem, depression, suicide ideation, alcohol abuse, tobacco abuse, substance abuse, promiscuity, domestic violence, adult child abusers, unplanned pregnancy, high-risk behavior and obesity.  

If you delay, witnesses may move or forget important details about the car accident.  If you delay, evidence which may be critical to win your child's lawsuit may be destroyed.  If your child, or a child you know, was injured in a car accident, a San Francisco California attorney for children or California child injury lawyer can help you secure the testimony of key witnesses and locate evidence.

While you should never fear telling trustworthy people the truth about what occurred in an accident, or to your child, people who are not trustworthy may take down an incorrect or incomplete version of your statement.  Do not describe the accident - or talk about the child's injury - to anyone except the police at the scene of the crash.  After that, contact a San Francisco California attorney for children injured in cars or California child injury lawyer can help you make sure the proper version of the accident and the injuries is what the insurance companies record.

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A San Francisco California attorney for children with brain damage or spinal cord injury or California child injury lawyer for car accidents can do this by working with structured settlement specialists, probate lawyers and special needs trust professionals and administrators.  You want to be sure that you not only get your injured child a fair recovery, but that is protected in case you are concerned that you may not always be around, or that your child may live longer than you.

There are several main types of child abuse for which the cases are most frequently filed. The abuse can physical – if a child is malnutritioned, underhydrated, is lacking supervision or shelter, hit, choked, thrown, kicked, shaken or suffers any physical act that caused or potentially endangered child’s life or health it is considered that a child has been abused. Physical abuse may also include cases when medical or mental healthcare was not provided when required, and a child suffers severe injury or death as a result of withholding healthcare. Sexual abuse is a frequent type of abuse where children get molested by adults – it is required that all types of abuse be reported. If your child has experienced any of the above it is then the time to act. A child can be compensated for his or her "general or noneconomic damages" - which includes past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. No fixed standard exists for deciding the amount of these damages. The jury must use its judgment to decide a reasonable amount based on the evidence and its common sense. A child can also be compensated for his or her "special or economic damages" - which includes medical and other expenses (e.g. attendant care, equipment expenses, transportation expenses, housing expenses, supervisory expenses, education expenses and many others - including respite expenses so that parents of severely injured children can take a break and be able to pay top notch professionals to care for the their child while they rejuvenate), and the lost earning capacity of a child. If the jury decides that a child has suffered damages that will continue for the rest of his or her life, it must determine how long he or she will probably live. According to published government sources, it is possible to estimate the number of years a child is expected to live. Some people live longer and others die sooner. This published information is evidence of how long a person is likely to live but is not conclusive. In deciding a child's life expectancy, a jury should also consider, among other factors, a child's health, and other pertinent factors such as habits, activities and lifestyle. The Keane Law Firm employs nationally-recognized life expectancy experts to prove this in a scientifically-acceptable manner. We have helped many families to correct the injustice caused by somebody else’s wrongdoing. Call The Keane Law Firm immediately to discover your options.

Generally, any sudden changes in behavior or school performance could indicate abuse. However, these are not the only observable signs. If you notice unexplained bruising, loss of weight, observe your child to be always watchful as if a child is preparing for something to happen, if your child is too passive, quiet, withdrawn or compliant, stays late in school – then your child might be abused. If your child refuses to discuss problems with you, it is better to seek help as early as possible to make sure that your child does not incur a deep psychological and/or physical trauma and there may be more children involved. If that has happened to your child, we can help by investigating and filing a case on your behalf to ensure proper compensation to your child and that the abuser gets punished. Child abuse is not acceptable and should never be tolerated. We will devote all our efforts to your case and promise to do everything legally possible to help your child and you with such a complicated matter. After reporting suspected abuse to the proper governmental protective services agency (see a list of numbers to call in the Resources section of this website), call The Keane Law Firm as soon as possible thereafter so that we can protect the child's legal rights against the abuser, and those who were obligated to prevent the abuse.

In California, certain professionals are required to report known or suspected child abuse. The California Child Abuse Reporting Law is found in Penal Code Sections 11165-11174.3.

According to the Department of Social Services Office of Child Abuse Prevention, child abuse must be reported when one who is a legally mandated reporter has "knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect..." (P.C. 11166(a)). The term "reasonable suspicion" occurs when it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse." (P.C. 11166(a)(1)) The intent of this definition is clear: if you suspect, report. A mandatory reporter must make a report IMMEDIATELY (or soon as practically possible) by phone. A writen report must be forwarded within 36 hours of receiving the information regarding the incident (P.C. 11166(a)). Written reports must be submitted on Department of Justice forms, which can be requested from a local police or sheriff's department (not including school district police or security department), or a county welfare department. (P.C. 11168) When 2 or more persons who are required to report have joint knowledge of a known or suspected instance of child abuse or neglect, and there is agreement among them, the telephone call may be made by the selected team member. A single written report may then be made and signed by the reporting team member. When there is a failure by the designated team to make the report, any team member who knows shall then be responsible to make the child absue report. (P.C. 11166(f)).

Yes, you can. But The Keane Law Firm does not accept those reports. First, go immediately to the Resources section of this website, and hit the link for California. It will take you to the homepage for the Department of Social Services. On that page you will find a link to Child Protective Services Hotlines. Hit that link and you will see the emergency child abuse contact phone numbers for each county in California. Call the number in your county. If you need help, call 1-800-422-4453, a national child abuse hotline called ChildHelp. According to the Department of Social Services Office of Child Abuse Prevention, persons who are legally required to report suspected child abuse have immunity from criminal or civil liability for reporting as required or authorized by the child abuse and neglect reporting laws. (P.C. 11172(a)) Also, no supervisor or administrator may impede or inhibit a report or subject the reporting person to any sanction. (P.C. 11166(g)). Persons other than those legally mandated to report are not required to include their names when making a report. (P.C. 11167(e)). Reports are confidential and may be disclosed only to specified persons and agencies (P.C. 11167.5).

Yes. A person who is required but fails to make a required report is guilty of a misdemeanor punishable by up to 6 months in jail and/or up to a $1,000.00 fine, or both. (P.C. 11166(b)) The person may also be sued and found civilly liable for damages, especially if the child victim or another child is further victimized because of the failure to report. See Landeros v Flood (1976). According to the Department of Social Services Office of Child Abuse Prevention, any person who starts a job which makes him or her a required reporter must sign a statement, provided by the employer, to the effect that he or she has knowledge of the reporting law and will comply with its provisions (P.C. 11166.5(a) Commercial film and photographic print processors and persons employed by child protective agencies as members of the support staff or maintenance staff and who do not work with, observe, or have knowledge of children as part of their official duties are not required to sign such statements. (P.C. 11166.5(a))