KidsInTheHouse the Ultimate Parenting Resource
Kids in the House Tour

My Child Was Injured: When Should I Hire an Attorney?

child injury claim

As a parent, your top priority is protecting your child's health and well-being. When your child suffers an injury, it can be a very stressful and emotional time. You may be wondering if you need to hire an attorney to help get compensation for your child's injuries and assist with the legal process. Here are some guidelines on when it may be advisable to hire a lawyer after your child's injury:

 

The Injury Was Caused by Negligence

According to Ryan Zehl, a Houston personal injury attorney, if your child was injured as a result of someone else’s negligence or reckless behavior, hiring a lawyer is often recommended. For example, if your child was bitten by a neighbor’s aggressive dog that escaped the yard or was injured at school due to unsafe conditions or lack of supervision, an attorney can help build a case establishing liability and getting compensation. About 4.5 million dog bites occur in the U.S. each year, many of which cause serious injuries requiring significant medical treatment. Filing a claim with a lawyer sends a message that you are serious about getting justice.

The Injury Is Serious

The more serious your child’s injury, the more important it is to have legal representation to get the compensation they deserve. Severe injuries like broken bones, head injuries, brain damage, burns, and spinal cord injuries can require multiple expensive surgeries over many years, ongoing rehabilitation, in-home nursing care, special education services, and more. These costs add up quickly. An attorney can fight to recover damages like medical expenses, lost future earnings, and pain and suffering.

Birth Injuries and Medical Malpractice

If your child suffered an injury at birth due to medical errors, you will likely need a lawyer. Birth injuries like cerebral palsy, nerve damage, and fractured bones often require a lifetime of treatment. According to the Agency for Healthcare Research and Quality, 1.9 per 1,000 babies born in the U.S. suffer preventable birth injuries. Holding responsible medical professionals accountable is complex. An attorney can investigate what went wrong, determine if malpractice occurred, and work to get your child the care and support they need.

You Are Having Trouble Getting an Insurance Settlement

Approximately 162,298 children were injured in car accidents in 2021. If your child was injured in an auto accident or other incident where insurance coverage should pay for treatment, but the insurer is delaying, denying, or disputing the claim, a lawyer can advocate for your rights. The attorney understands insurance regulations and can negotiate a fair settlement. This can be especially important if the need for future medical procedures is disputed.

You Are Facing Multiple Parties

If multiple parties may share liability for your child’s injury, like an amusement park and product manufacturer, hiring one attorney to handle the complex legal web is wise. The attorney can identify all potentially responsible parties, demonstrate their negligence, and pursue compensation from multiple defendants.

The Case May Go to Court

If negotiating a settlement looks unlikely and your child’s case may go to trial, having an attorney prepare and argue your case in court is crucial. The legal knowledge and courtroom experience of a personal injury lawyer gives you the best chance of success before a judge.

Consider a Free Consultation

If you are undecided on whether to hire a lawyer after your child’s injury, consider taking advantage of free consultations offered by personal injury law firms. Meeting with an attorney helps you understand your legal rights and options. Just be sure to bring all relevant documentation about your child’s injury and treatment to the consultation.

An Attorney Can Help Navigate the Legal Process

Having an advocate by your side after your child is harmed can offer important legal protection and peace of mind. An attorney has the expertise to manage legal paperwork, prove liability, deal with insurance companies, determine fair compensation, and represent your child in court if necessary. Their guidance can be invaluable, allowing you to focus on your child’s recovery.