When an injury is caused as a result of another party’s negligence, it’s considered a personal injury case. In cases where the victims are little children, personal injury claims are usually more complicated since children cannot file a lawsuit on their own - not to mention that they are more susceptible to injury than grownups. On the other hand, newborns may be injured during labor because of the misuse of vacuum pumps or forceps. They may also suffer far more serious complications due to the delay of cesarean sections or the exposure to harmful or toxic products during pregnancy. For this reason, it’s important to know how to act when your child suffers any kind of hardships as a result of someone else's negligence. Keep reading to know the appropriate steps you need to take after your child’s injury.
Find out Whether It Was a Negligent Act or an Intentional One
If your child is injured, the first thing you need to investigate is whether it was an act of negligence or an intentional act where someone hurt your child on purpose. This will help you determine who is liable for the injury. Intentional acts include bullying and child abuse, two incidents wherein both, another party physically harms a child. If, for instance, another child harms one of your children, it’s considered an intentional act and the at-fault child’s parents can be held liable for your kid’s injuries depending on the extent of the harassment. The same goes for adults and school employees in the incident of abusing a minor.
However, negligence overlaps with these instances where, for example, the parents of a bullying victim can also sue the school and hold them liable for not stopping the harmful intentional act causing their child’s injuries. Likewise, school districts can be held liable for failing to supervise or train their employees if the offender is a school worker.
Prove Negligence
Child personal injury is often caused by negligence, yet, the burning issue is proving the negligence of the defendant. Furthermore, you need to prove the defendant’s owed duty to your child and bringing evidence to show their failure to comply with this duty. Based on your child’s incident, you should be able to determine the kind of duty the other party owed your child. For instance, if your child was injured in a car crash or an automotive accident, the at-fault party is held liable for not driving with reasonable care and causing injuries to innocent road victims.
In other words, the driver responsible for the crash failed their duty to maintain the road’s safety. Similarly, medical malpractice cases are caused by healthcare providers who failed to comply with their legal duties or to act with reasonable care while doing their jobs.
Understand the Statutes of Limitations
Depending on the state you’re in, there are certain time limitations to filing a personal injury claim. This is in addition to other statutes that vary depending on the cause of the injury. The Oakland personal injury attorneys from KerleySchaffer.com explain that there are different statutes for different claims in the same state. In many states and cities, including Oakland, the parents of the injured child or their legal representative only have two years after the accident to file their claim and receive compensation. An experienced personal injury lawyer will be able to guide you on when to file the claim and whether you have a strong case or not.
Filing a Claim Representing a Child
Parents or legal guardians are responsible for filing injury claims on behalf of injured children under the age of 18. This is because a child can’t file a lawsuit or legally represent themselves in front of the law. When these claims are settled and parents or legal representatives receive the reimbursement, the funds earned can be protected or held as a trust for the child when they grow up or to cover their educational expenses. The compensation, whatsoever, depends on the type and extent of damages incurred to the victim.
An injured child is entitled to receive protected reimbursement if their injuries or damages cost them medical expenses for treatment and recovery. They are also compensated if they suffer a potential loss of future income as a result of the accident, or if they develop any pain or emotional distress following the incident.
Being a parent and looking after children, in general, is not an easy task. Of all the challenges that come with this huge responsibility, the hardest part is protecting the little ones and making sure they’re safe from harm. If your child suffers any kind of pain or injury due to the negligence of others, you may not be able to make the best decisions immediately on your own. Having a legal expert by your side or consulting a trusted law firm will help you hold the at-fault party liable for their actions and ensure that your child is compensated fairly.
