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Los Angeles Child Injuries Lawyer

Legally reviewed by
Jonathan M. Kashani
June 23, 2024

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.

How is Child Injury Defined in Los Angeles?

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;

  • Bodily injury: a child who suffers this injury experiences physical impairment, pain, or ill health
  • Serious bodily injury: it often results in death or the risk of death, long-term impairment of organs and bodily functions, or permanent disfigurement

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.

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Establishing Fault in a Child Injury Lawsuit

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:

  • Threw an item at a child
  • Hit or slapped a child, leaving a mark
  • Punched, pushed, tossed, or choked a child
  • Deliberately inflicted cigarette burns on a child
  • Forcefully shook a child, causing brain damage or related injuries

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. 

Penalties of Child Abuse Under California Penal Code 273D

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;

  • Three-year probation with mandatory counseling, including a protective or stay-away order restricting contact with the minor
  • If the defendant was intoxicated or under the influence of drugs during the offense, probation will include random drug tests and regular visits to a probation officer
  • Misdemeanor child abuse penalties include a year in jail and fines
  • Felony child abuse penalties result in six years imprisonment and fines

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.

Approving Child Injury Settlement

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


Jonathan M. Kashani

June 23, 2024

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.

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Hire an Experienced Los Angeles Child Injury Lawyer at Kash Legal

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.


Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK


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