A parent’s worst fear is seeing their child succumb to injury, watch them in pain and deal with the long healing process. Regrettably, a lot of children become victims of other people and their own carelessness which can lead to severe harm. When a child suffers an injury, it will be challenging to deal with how the injury will affect the development of your child. You will need representation from an experienced lawyer who has a reputable track record in handling sophisticated injury cases.
What Can Your Child Obtain From A Personal Injury Case?
In an injury case that involved a child, you can get compensation for all the costs and expenses that the incident has caused you. Injuries are described in general and can be related to physical, emotional, mental, sexual, and other types of harm. Additionally, if the defendant’s actions were specifically unreasonable, you can get punitive damages.
Common Types of Injuries
Children are more prone to suffering from certain injuries. Infants can suffer from birth injuries because of improper use of equipment. A delayed cesarean section can also cause injury to the child because of the lack of oxygen. Certain products taken by the mother during pregnancy can lead to hazardous injuries to the baby such as brain damage and other medical conditions.
Children are also susceptible to traumatic head injuries when furniture is not properly secured in place. They can also suffer injuries when they are hit by an object. Children are usually drawn to bodies of water and can suffer accidents inside a swimming pool.
Statistics have proven that children are at a higher risk of being attacked by an animal compared to others. These injuries can cause cuts and lacerations and will need immediate medical treatment. These kinds of accidents will also be traumatizing for the child. Children can also incur severe injuries from being involved in a car accident because of their small, fragile and still-developing bodies.
Pursuing A Claim On Behalf Of A Child
A person under the age of 18 cannot file a lawsuit. Instead, the parent or guardian has the authority to file a lawsuit on behalf of the child. According to Houston Personal Injury Lawyer: Law Offices of Hilda Sibrian, if the parent or guardian wins the case, the money received can be protected through being held in a trust for the benefit of the victim. Damages can be claimed for certain cases such as the hospital expenses during the injury treatment, loss of income if the injury will hinder the child from earning upon reaching adulthood, and emotional distress from the suffering and pain.
If the accident causes the death of a child, the parent or guardian should instead file for a wrongful death claim against the suspects. Damages for a wrongful death claim are the same as with other personal injury cases which include hospital expenses, loss of future income, funeral expenses and suffering or emotional distress.
A number of personal injury claims related to children involve the theory of negligence. This theory demands showing that the defendant owed a duty to the victim and has breached it, causing injury to the child. This duty that is owed can be based on certain conditions of the case. It can involve the specification for the accused to act with care that a reasonable person would do given the same situation.
Statutes of Limitation
There are a few strict time limitations that must be completed when filing a child’s personal injury claim. The statutes of limitation can be contrasting depending on the state and cause of the injury of the child. The statute can also vary for wrongful death claims compared to other kinds of personal injuries. In most cases, the parents of the child or lawful guardian are only given two years from the day of the accident to file personal injury claims.
We could never totally stop accidents even after toddler-proofing our homes. Parents who would like to know more about filing a claim for their child must consult a personal injury lawyer. The lawyer can expertly explain the rights of the parent as well as the child and if their claim is viable. The personal injury lawyer can provide a lot of help to the parents in pursuing their claim and guarantee that the parents can protect the child’s rights.