If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal classed as a case of child injury, choose Herron Law.
With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a sudden injury to a child and how we can help.
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Why Choose Herron Law?
With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state.
As well as child injury claims, we also cover motoring claims like car accidents, brain injuries, and other personal injury claims like catastrophic injuries.
At Herron Law:
- Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
- We offer 100% free consultations.
- We won’t charge a fee until you win.
Still not sure? See what our 2,000+ other clients have had to say about our service.
What Counts as a Child Injury Case?
A child injury case in Oregon is classified as any personal injury case where a minor (under 18 years of age) suffers from harm due to negligence, poor supervision, or intentional abuse.
These cases enable parents or legal guardians to seek compensation for medical bills, pain and suffering, and long-term care.
Other key distinctions include:
- Statute of Limitations: Adults typically have two years from discovery of an injury to make a claim. Children instead have until their 19th birthday to file a lawsuit.
- Parental Immunity: Parents are often immune from general negligence claims by their children, but can be held liable for gross negligence or ‘palpably unreasonable’ conduct.
- Guardian ad Litem: A court must appoint a Guardian ad Litem to act on the child’s behalf during legal proceedings. This is often the child’s parent, but not always.
Common Causes of Child Injuries
Child injury cases in Oregon can range from a result of negligence to intentional harm toward a child. Below are some of the most common causes of child injuries:
- Car Crashes: One of the leading causes of severe injury and death is unrestrained children and distracted driving.
- Pedestrian and Bicycle Accidents: This commonly occurs in school zones, driveways, or intersections. Children are frequently struck due to limited visibility or judgment errors.
- Falls: These frequently occur from playground equipment, stairs, or unsecured windows or furniture.
- Poisoning: Accidental ingestion of household chemicals, medications, or illicit substances can occur through negligence.
- Drowning: Another major risk factor for children in Oregon is its lakes and rivers, leading to drowning being a large cause of child injury cases when outdoors.
- Choking and Suffocation: These primarily affect toddlers with access to small toys, coins, or choking hazards.
- Medical Malpractice: Cases involving birth injuries like oxygen deprivation or cerebral palsy, as well as diagnostic errors or failures, can come under child injury.
- Child Abuse and Neglect: Physical abuse, shaken baby syndrome, and neglect by caregivers can provide reasonable grounds for a child injury lawsuit.
- Animal Attacks: Dog bites are common among young children and can often lead to facial injuries and reconstructive surgery.
How Do Child Injury Claims Work in Oregon?
Child injury claims in Oregon allow parents or legal guardians to file a lawsuit on behalf of a minor under 18.
Compensation covers medical expenses, pain and suffering, and future lost wages.
These claims require court approval for settlements, feature extended filing deadlines, and mandate that funds are securely managed until the child reaches the age of 18.
A child injury claim in Oregon requires:
- Court Approval: Any settlement over $5,000 must receive Oregon Circuit Court approval to ensure it is in the child’s best interest.
- Protected Funds: Settlement funds are typically placed in a blocked trust account or structured settlement until the child reaches adulthood.
What Are the First Steps to Take After My Child Is Injured?
The first steps after a child is injured are to secure their immediate safety, check for life-threatening conditions, and administer basic first aid.
If a child is unconscious, having a seizure, or experiencing severe bleeding, it’s best to call an ambulance.
After your child has received the appropriate medical care, the next steps involve:
- Get a Medical Evaluation: Get a documented record of the injuries sustained from a medical professional.
- Gather Evidence: Take a photograph of the incident scene, including any visible injuries to your child. Write down your child’s own account and those of any witnesses. Finally, save all the paperwork in one place for your attorney to examine.
- Legal Considerations: We suggest avoiding posting to social media about your child’s injuries until after the court case. It’s also important to never provide a recorded statement to insurers or sign any settlements without an attorney present.
- Court Approval: If a personal injury settlement in Oregon involving a minor exceeds $25,000, it’ll often require court approval, and the funds must be placed in a blocked financial account until the child turns 18.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support parents with child victims who require legal representation on the grounds of child injury.
Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your child injury attorney will offer a free 30-minute consultation to understand the case details and determine its validity.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing on the part of the third-party involved.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case in the future.
Filing the Lawsuit:
- Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Fighting for you:
Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.
By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.
Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.
What Is Oregon’s Statute of Limitations for Child Injury Claims?
In Oregon, the standard statute of limitations is classified as a personal injury and remains valid for up to two years from the date the injury occurred or was discovered.
If you fail to apply for legal compensation within the two-year window, you may forfeit the right to seek further claims and compensation related to that specific issue in the future.
However, for children under the age of 18, the statute of limitations is generally paused until the child turns 18. They then have two years to file a lawsuit from the age of 18. However, the total wait time from the date of the injury cannot exceed five years.
Who Can Be Held Liable for a Child’s Injury?
In Oregon, a person can be held liable for a child’s injury when that injury was caused by negligence, reckless conduct, intentional misconduct, unsafe property, defective products, or abuse and neglect.
These situations can result in the following people being commonly liable:
- Parents or Guardians: A parent may be liable in limited situations, like failing to supervise in a way that goes beyond reasonable care.
- Carers: Any child carer role, such as daycares, preschools, babysitters, and camp workers, can be liable if poor supervision, inadequate premises, inadequate staffing, improper training, or failure to follow safety rules were the reason why a child injury took place.
- Drivers: If a child was hurt by a car, bus, bike, or pedestrian, the negligent driver, vehicle owner, employer, or rideshare company may be responsible.
- Product Manufacturers: If a defective toy, car seat, crib, playground components, or medication injured your child, a product-liability claim may exist.
How is a Child Injury Settlement Paid Out?
In Oregon, a child injury settlement is not always handed directly to the parent, but because the injured person is a minor, the money is often protected until that child turns 18.
- Settlement Allocation: A settlement claim may include separate amounts for the child’s claim, medical bills or liens, attorney fees and case costs, and any parent or guardian claims.
- Court Approval: Minor settlements below $25,000 may be paid out without the court’s approval, but anything higher must get approval.
- Monetary Restrictions: The child’s money is usually held in trust to be accessed by that child when they turn 18.
- Parental Use: Generally, a parent or guardian cannot use the settlement money for ordinary household expenses. The child’s settlement belongs to the child, and the parent or guardian must obtain a court order to access any of the funds before that child turns 18. They will need to demonstrate that the money is used to the benefit of the child.
Why Do I Need a Lawyer After My Child Is Injured?
After a child is injured in Oregon, a child injury lawyer can be important because a child injury claim is not just a smaller version of an adult injury claim.
It can involve special rules, court protection for the child’s money, medical-cost issues, school and long-term care impacts, and insurance companies that may try to settle before the full harm is known.
A lawyer can help by:
- Protecting your child’s legal deadlines: Oregon personal injury cases often have strict filing deadlines. For minors, the statute of limitations under Oregon law can work differently.
- Handling settlements correctly: Oregon has specific rules for settlement agreements on behalf of minors. Depending on the amount and circumstances, settlement funds may need to be held in trust for the child.
- Calculating the full value of the claim: Children may need future treatment, therapy, counselling, accommodations at school, scar revision, mobility support, or long-term medical care. A lawyer can help gather medical records, expert opinions, and evidence before accepting any offer made by an insurer.
- Dealing with insurance companies: Insurers can dispute fault, whether the injury was caused by the incident, or whether treatment was necessary. Oregon uses comparative fault rules, meaning damages can be reduced based on fault percentages.
- Preserving evidence: In child injury cases, evidence can disappear quickly. Playground conditions, daycare records, school incident reports, vehicle data, surveillance video, witness memories, and defective products may be wiped or changed before evidence can be collected. A lawyer can send preservation letters and conduct an investigation before the facts are lost.
- Protecting the child’s best interests: A parent may be focused on immediate medical bills, while the law may require the settlement to account for the child’s future needs. A lawyer can help structure a settlement so it is fair, compliant, and protects the child.
Awards & Associations
At Herron Law, we are dedicated to our clients.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
- Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.
Frequently Asked Questions (FAQs)
Compensation can include emergency care, hospitalization, follow-up treatment, therapy, medication, future medical needs, pain and suffering, emotional distress, scarring, disability, and lost earning capacity. Parents can also claim certain out-of-pocket expenses. Any minor settlement must protect the child’s funds and may require court approval or a restricted account deposit that is kept in trust until the child turns 18.
Negligence in an Oregon child injury case suggests that someone owed the child a duty of reasonable care, breached that duty, and caused harm. Examples of breaching reasonable care include poor supervision, unsafe premises, ignored hazards, reckless driving, inadequate daycare staffing, or failure to follow safety rules. The child’s age and vulnerability are also important determining factors.
If your child is injured at an Oregon daycare, get medical care, photograph injuries and hazards, and request the written incident report. Next, identify witnesses and save communications. Serious injuries, head injuries, or suspected abuse should be reported to Oregon’s Child Care Licensing Division, law enforcement, or the abuse hotline when appropriate.
To report a child injured at a public park in Oregon, first notify the city, county, or state agency that maintains the park. Photograph the hazard and include names, dates, and medical records. If pursuing compensation, an Oregon Tort Claims Act notice is generally required within 180 days for public-body injury claims.
For a minor’s car accident injury claim in Oregon, seek medical care, report the crash, gather insurance information, photos, witnesses, and records. Next, file with the at-fault driver’s insurer or your own coverage. A parent or guardian acts for the child, and settlement funds may require a restricted deposit or court approval. For more information, see our car accidents page.
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