Children are among the most vulnerable members of a community. They need to grow up in a world where adults are committed to their well-being. Protecting an active, curious child from all childhood bumps and bruises is near impossible.
Unintentional injuries from drowning, burns, poisoning, choking, as well as school bus accidents occur daily. If negligent actions caused your child’s injuries, it’s essential to contact a competent Los Angeles child injury attorney. With a personal injury lawyer from Kash Legal, families of the injured child may obtain the compensation they require by holding offenders accountable.
A child injury crime is filed under the California Penal Code 273d. It defines crimes of child abuse as willfully inflicting physical harm or cruel punishment on a minor less than 18 years. The California statute places child injury into two categories;
California laws are strict to ensure children are protected. The state has mandatory reporting laws that require school teachers, in particular, to make a report should they observe a child abuse case. Under California statute, PC 273d is a ‘wobbler’ filed as a felony or misdemeanor offense based on the level of injuries to the child.
If child abuse charges are brought up against you or your child’s guardian, Los Angeles child injury lawyers can help you understand the severity of your accusation. A seasoned criminal defense attorney is in the best position to spell out the potential penalties you could face, including possible defenses against such a severe charge.
The California Penal Code 273d defines crimes of child abuse as deliberately inflicting physical injury on a child through cruel punishment that results in traumatic conditions. In this case, it could be a minor or major bodily harm resulting from a direct application of physical force. In child abuse allegations, a prosecutor will establish fault by demonstrating that a parent or guardian willfully inflicted the following punishments on a child:
Note, the California Penal Code 273d does not consider spanking as child abuse, provided it’s not excessive or crosses the “reasonable punishment” threshold. Nonetheless, reasonable punishment is a gray area. Most judges and, more so, juries have latitude when determining if a spanking crossed the proverbial red line. Perhaps spanking a child with a belt could be considered an exception.
A child abuse offense is filed as a felony or misdemeanor crime. Before the ruling, a judge considers prior reported child abuse offenses. In California, past violations of related crimes are initiated as evidence. For example, the charges are admissible in a California court if you’ve ever been arrested and convicted of domestic abuse or violence. Such convictions can be introduced in a child injury case to establish a pattern of violence.
While a past conviction may demonstrate violent tendencies, it’s considered prejudicial when introduced to convict a defendant. As such, judges often hold a hearing before a prosecutor presents corroborating evidence for the earlier accusations. This helps them decide whether a prior alleged act of child abuse charge outweighs the chances of prejudicial outcomes. Sentencing may include;
This solidifies the importance of hiring an experienced and aggressive defense lawyer when facing child abuse charges. You could be innocent and need someone to prove that in court.
A child’s injury claim is similar to an adult’s in numerous ways. When entering into a settlement agreement for a personal injury, a prosecutor must prove negligence or a breach of duty owed led to their injuries. Because a child can’t enter into a binding contractual agreement with a law firm for representation or receive settlement money, a judge will appoint a conservator.
By law, probate courts must approve settlements involving injured children receiving money. Even if a Los Angeles child injury lawyer negotiates a personal injury settlement for a minor with an insurance company, the payment can’t be finalized without court approval. To approve a ward’s injury settlement, a court requires pertinent information detailing the extent of the child’s injuries. The court may also ask for details of the proposed payment amount and the conservator to be appointed.
After the probate court approves the settlement, it issues an order to the insurance company or the at-fault party’s attorney to pay the agreed compensation amount. The settlement funds are then deposited into an account that restricts withdrawals without a court order.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
If you are the parent, caregiver, or guardian of a child who got injured, a Los Angeles child injury lawyer at Kash Legal is available today to discuss your lawsuit. We have years of experience handling such cases, plus we know how the probate and insurance processes work. Once we review your claim, we can avail relevant resources to get the court’s approval and ultimately receive the personal injury settlement your child deserves.
Conversely, representing yourself is not advisable if you’ve been accused of injuring a child. Crimes against minors are judged harshly, and without proper legal representation, it will be unlikely for the prosecution to cut you any fair deals. Call (888) 527-4128, reach out to us, or fill out our online contact form to schedule an appointment with an experienced Los Angeles child injury attorney.
We will be in touch within 24 hours.
Request Police Report
© 2024 Kash Legal Group, All Rights Reserved.
