Your Child Deserves Justice and Compensation
When a car accident, unsafe playground, negligent daycare, or someone else's carelessness seriously injures your child, your family's life changes instantly. Hospital stays, surgeries, ongoing therapy, and worries about your child's future dominate your thoughts. Meanwhile, insurance companies are already calculating how little they can pay.
As a Nevada City child injury attorney practicing on Railroad Avenue for over 25 years, I've dedicated my career to holding negligent parties accountable when children are harmed. From playground accidents in Nevada City parks to car crashes on Highway 49, from defective products to sports injuries, I fight to ensure injured children receive every dollar they deserve.
Children can't advocate for themselves. They need attorneys who understand how to investigate accidents, prove negligence, and secure fair compensation for injuries that may affect them for life. That's what I do every day.
Common Child Injury Cases We Handle in Nevada County
Our Nevada County child injury lawyers at Phillips Personal Injury have extensive experience representing families throughout Grass Valley, Nevada City, Truckee, and surrounding communities in cases involving:
School and Daycare Accidents
Children spend much of their time in educational settings where supervision failures or unsafe conditions can lead to serious injuries. Our Nevada County attorneys hold negligent schools and daycares accountable, whether in public school districts serving Grass Valley and Nevada City or private facilities throughout the region.
Playground Injuries
Defective equipment, inadequate maintenance, or lack of supervision at public or private playgrounds can result in devastating injuries to children. We investigate these cases thoroughly to identify all liable parties, from local municipalities to private property owners and equipment manufacturers.
Winter Sports Injuries
With Truckee's proximity to world-class ski resorts and winter recreation areas, Phillips Personal Injury has developed specialized experience in winter sports injury cases involving children. From ski slope accidents to injuries at ice rinks and snow parks, we understand the unique liability issues these cases present.
Swimming Pool Accidents
Nevada County's hot summers mean increased pool usage—and unfortunately, increased risk. Our child injury lawyers handle drowning, near-drowning, and other pool-related injury cases with sensitivity and determination, whether they occur at public facilities, private homes, or resorts.
Dog Bites and Animal Attacks
Children are frequently victims of dog bites and animal attacks. Our experienced attorneys understand California's strict liability laws for pet owners and work to secure full compensation for your child's injuries, which are all too common in our pet-friendly communities.
Sports Injuries
While some risk is inherent in youth sports, negligent coaching, defective equipment, or inadequate safety protocols can cause injuries that go beyond normal play. Our Nevada County lawyers know how to identify when these injuries warrant legal action and have successfully represented children injured in local youth leagues and school athletic programs.
Child Car Accident Injuries
Auto accidents can cause particularly serious injuries to children. Our Nevada County child injury attorneys work with accident reconstruction experts to establish liability and fight for maximum compensation, whether the crash occurred on Interstate 80 near Truckee, Highway 49 through Grass Valley, or rural county roads.
Bicycle and Pedestrian Accidents
Children on bikes or on foot are vulnerable to serious injuries. Our lawyers advocate for injured children and work to make Nevada County roads safer for everyone, recognizing the unique challenges presented by our mix of urban centers, suburban neighborhoods, and rural roadways.
Product Liability Cases
Defective toys, furniture, car seats, and other products cause thousands of childhood injuries annually. Our experienced attorneys hold manufacturers accountable for dangerous products that harm children, fighting large corporations with the resources they often try to use to intimidate families.
Recreational Vehicle Accidents
Nevada County's abundant outdoor recreation opportunities mean children are often around ATVs, snowmobiles, and other recreational vehicles. When negligent operation or defective equipment leads to injuries, Phillips Personal Injury has the specialized knowledge to pursue these complex cases.
Camping and Hiking Accidents
With our proximity to national forests and abundant outdoor recreational areas, injuries during camping, hiking, and outdoor activities are unfortunately common. When these injuries result from negligence rather than inherent risks, our attorneys know how to establish liability.
Proving Your Child's Injury Case
Successful child injury cases require proving three elements: the defendant owed a duty of care to your child, they breached that duty through negligence or wrongdoing, and their breach directly caused your child's injuries and damages.
Thorough Investigation
We investigate accident scenes while evidence still exists, interview witnesses while memories are fresh, obtain surveillance footage before it's deleted, and preserve physical evidence including defective products, damaged equipment, or unsafe conditions. Time is critical—property owners often repair hazards after accidents, eliminating proof of dangerous conditions.
Expert Witnesses
Complex cases require expert testimony. We work with medical experts who document injury severity and future needs, accident reconstruction specialists who prove how incidents occurred, safety experts who identify code violations and negligence, life care planners who calculate lifetime care costs for permanently injured children, and economists who project lost future earning capacity.
Document Everything
Strong cases require comprehensive documentation including all medical records and bills, photographs of injuries and accident scenes, witness statements and contact information, incident reports from schools, daycares, or businesses, employment records showing parents' lost wages, and evidence of your child's pain, suffering, and limitations.
Why Early Investigation Matters
Although children have until age 20 to file most lawsuits, waiting damages cases. Evidence disappears—accident scenes change, surveillance footage is deleted, witnesses move away. Medical records can be lost or destroyed. Defendants repair dangerous conditions immediately after accidents to avoid future incidents, eliminating proof of hazards.
Starting cases early allows us to preserve evidence while fresh, locate and interview witnesses while memories are clear, document dangerous conditions before they're fixed, and obtain medical records and employment files before they're misplaced. For government claims involving public entities, we must file administrative claims within 6 months regardless of the child's age.
Understanding Damages in Child Injury Cases
California law allows recovery for both economic and non-economic damages. Economic damages are quantifiable financial losses, while non-economic damages compensate for subjective harm like pain and suffering.
Economic Damages
These include all past and future medical expenses (surgery, hospitalization, doctor visits, medication, therapy, medical equipment, home healthcare), custodial and attendant care throughout the child's life, home and vehicle modifications for accessibility, educational accommodations and special tutoring, lost future earning capacity calculated over the child's expected working life, and parents' lost wages from caring for the injured child.
Non-Economic Damages
These compensate for physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life's activities, permanent scarring and disfigurement, disability and physical impairment, and loss of normal childhood experiences. Juries often award substantial non-economic damages for child injuries because injuries affect children throughout their entire lives.
Special Considerations for Child Cases
California law requires court approval for all settlements involving minors. Judges review proposed settlements to ensure they're fair and in the child's best interest. Settlement funds are typically placed in blocked accounts or structured settlements, ensuring money is available when children reach adulthood rather than being spent prematurely.
Immediate Steps After Your Child Is Injured
- Prioritize medical care: Your child's health comes first. Follow all treatment recommendations and attend every appointment. Gaps in treatment give insurance companies arguments that injuries weren't serious.
- Document everything: Photograph injuries as they heal, showing the progression. Keep a journal of your child's pain, limitations, and emotional struggles. Save all medical bills, receipts, and related expenses.
- Preserve evidence: Take photos of accident scenes, defective products, or dangerous conditions. Get contact information for witnesses. Request copies of all incident reports from hospitals, schools, or businesses.
- Avoid recorded statements: Insurance adjusters will contact you quickly, asking for recorded statements. These are used to minimize your claim. Politely decline and refer them to your attorney.
- Don't post on social media: Insurance companies monitor social media looking for posts they can twist to deny claims. Photos of your child smiling or playing can be mischaracterized as proof they're fine.
- Keep all evidence: Don't repair or discard defective products, damaged car seats, or torn clothing. These may be crucial evidence.
- Contact an attorney promptly: Even though children have extended time to file lawsuits, preserving evidence and meeting government claim deadlines require immediate action.
Government Claims for Injuries at Public Facilities
If your child was injured at a Nevada City public park, public school, or other government property, special rules apply. The California Tort Claims Act requires filing administrative claims with the government entity within 6 months of injury. This deadline applies even though children otherwise have until age 20 to file lawsuits.
The claim must include the date and location of injury, description of how the injury occurred, description of injuries sustained, and the amount of compensation sought. Government entities have 45 days to respond. If they deny the claim or don't respond within that time, you can then file a lawsuit.
Missing the 6-month deadline almost always bars lawsuits against government defendants. Don't assume you have time because your child is young—government claim deadlines are strict and unforgiving.
Why Choose Our Nevada City Practice for Child Injury Cases
Child injury cases demand attorneys with specific experience, resources, and genuine commitment to protecting children. Here's what sets our practice apart:
Local Nevada City Office: My office on Railroad Avenue has served Nevada County families for over 25 years. I know our community's schools, parks, and local conditions. I'm not a distant big-city attorney—I'm your neighbor.
Contingency Fee Representation: You pay nothing unless we win your child's case. This levels the playing field against insurance companies with unlimited resources. Every family deserves excellent legal representation regardless of financial situation.
Trial Experience: Insurance companies pay more to attorneys they know will take cases to trial. With decades of courtroom experience, I've proven I'm willing to fight through trial when insurers refuse fair settlements. This reputation benefits every client.
Network of Experts: I've built relationships with accident reconstruction specialists, life care planners, economists, and other experts who review cases and testify when needed. Access to qualified experts is essential for winning complex injury cases.
Understanding of Government Claims: I've filed hundreds of government claims and understand the complex procedures and short deadlines. Missing government claim deadlines can destroy otherwise valid cases.
Personalized Attention: Large firms treat clients like case numbers. As a local attorney, I personally handle your case, meet with you regularly, and remain accessible when you have questions or concerns. Your family deserves personal attention during this difficult time.
Common Questions From Nevada City Families
Do I need to pay you before starting my child's case?
No. We work exclusively on contingency, which means our payment comes only from successful case outcomes. There are no retainer fees, hourly charges, or upfront expenses for you to cover. California courts must approve all attorney fees in children's cases to verify they're fair and protect your child's recovery. This arrangement allows every family to access experienced legal representation without financial barriers.
My child needs ongoing medical care but we're worried about costs. What are our options?
Medical costs shouldn't delay your child's treatment. We connect families with physicians and specialists who treat injured patients on medical liens—they provide care now and wait for payment when your case concludes. This includes specialists for serious injuries requiring extensive treatment. Getting proper medical care documented also strengthens your legal case by establishing the injury's full extent.
An insurance adjuster called offering money to settle. Should I take it?
Contact an attorney before responding to any settlement discussions. Insurance adjusters are trained to minimize payouts by offering quick settlements before families understand the injury's severity or long-term impact. These early offers rarely reflect fair compensation for medical costs, pain and suffering, or future needs. Once you sign their release, you lose all rights to additional compensation—even if your child develops complications later.
What happens if my child needs more medical care years from now?
Protecting your child's future is precisely why timing matters in settlements. We never recommend resolving cases until your child reaches what doctors call "maximum medical improvement"—meaning we understand their permanent condition and future care requirements. Medical experts help us project lifetime needs. But remember: California law generally prevents reopening settled cases, so thorough evaluation before settlement is critical.
The school made us sign paperwork saying we couldn't sue. Does that prevent our claim?
Not likely. California public policy protects children by refusing to enforce most liability releases signed by parents. Whether you signed forms at Nevada City schools, local sports leagues, summer camps, or other programs, you usually retain your right to pursue negligence claims on your child's behalf. These releases don't excuse dangerous conduct or shield facilities from accountability for preventable injuries.
I'm worried about going to court. Will this case end up in trial?
The vast majority of our child injury cases reach settlement without trial. Insurance carriers understand that Nevada County juries strongly favor injured children, which motivates reasonable settlement offers. That said, we prepare every single case as if it's going to trial—this preparation directly increases settlement values because insurers know we're ready to litigate. If settlement negotiations fail to produce fair compensation, we have the experience and willingness to try your case.
Who covers my child's medical bills while the legal case is in progress?
Multiple payment sources typically exist. Your family health insurance usually covers treatment initially and seeks reimbursement later from settlement proceeds. Medical lien arrangements let providers defer payment as mentioned earlier. If the injury resulted from an auto accident, your vehicle insurance may include medical payments coverage. For severe birth injuries requiring long-term care, California's Medi-Cal program may provide coverage. We help identify and coordinate these payment options.
How long will my child's case take to resolve?
Case timelines vary significantly based on injury severity, treatment duration, and whether government entities are involved. Simple cases with minor injuries might settle within months. Serious injuries requiring extensive treatment and rehabilitation can take one to three years or longer—we won't settle prematurely just to close files quickly. Government claims add complexity with their strict six-month filing deadlines. Your child's full recovery and maximum compensation are more important than speed.