Legal Steps to Take If Your Child’s Injury Was Caused by Negligence

As a parent, your child’s safety is your top priority. However, despite our best efforts to protect them, accidents do happen. If your child suffers an injury due to someone else’s negligence, it’s important to know the legal steps you can take to safeguard their rights and potentially obtain compensation for their injuries.

Understand Child Injury Claims

Child injury claims can differ significantly from adult claims. Certain laws protect children and may impact statutes of limitations or liability issues. A knowledgeable top-rated personal injury attorney will navigate these differences and work to ensure the appropriate parties are held accountable.

Seek Immediate Medical Attention

The first and most crucial step is to ensure your child receives prompt medical attention. Not only is this essential for their health, but medical records play a crucial role in any legal claim for personal injury, as they serve as evidence of the injury’s extent and impact.

Document Everything

Keep a detailed account of the incident leading to the injury:

1. Write down everything you remember, including dates, times, and what occurred before, during, and after the accident.
2. Take photographs of where the injury happened and the injuries themselves.
3. Obtain contact information for any witnesses.

These details will be valuable in building a legal case.

Notify the Appropriate Parties

If the injury occurred at a public place, such as a school, daycare, or playground, it’s important to notify the management of the facility. In some cases, there might be insurance that could cover injury-related costs. Ensure that your notification is documented in writing and request a copy for your records.

Consult a Personal Injury Attorney

Consulting with a personal injury lawyer who specializes in cases involving children is crucial. An experienced attorney can help you understand your legal rights and the potential for compensation for damages such as medical bills, pain and suffering, and long-term care needs.

Don’t Communicate Directly with Other Parties’ Insurers

Insurance companies may contact you for a statement or to offer a quick settlement. It’s crucial to remember that their goal is to minimize payouts. Never agree to anything or give a recorded statement to an insurance adjuster before consulting your attorney, as this could jeopardize your child’s claim.

Preserve Evidence of Financial Impact

Keep a meticulous record of all expenditures related to the injury: medical bills, receipts for prescriptions, and any other related costs. This includes documenting any time taken off from work to care for your injured child, as you may be able to claim lost wages.

Consider Long-Term Needs

If the injury is severe, consider the long-term impact on your child’s life. This could include future medical care, modifications to your home, special education services, and therapy. An attorney will work with medical experts to anticipate these needs and include them in any claim.

Be Mindful of Deadlines

Be aware that personal injury claims are subject to statutes of limitations, which set deadlines for filing a lawsuit. The time limit often begins from the date of the injury, but certain exceptions could apply, especially for minors. Your attorney will ensure all filings occur within the necessary timeframes.

Prepare for a Settlement or Trial

Most personal injury cases are settled out of court. Your attorney will negotiate on your behalf with the goal of obtaining a fair settlement that will cover the current and future needs of your child. However, if an agreement cannot be reached, your attorney should be ready to advocate for your child’s rights in court.

Suffering an injury can be a traumatic event for a child and a challenging experience for the entire family. By understanding the legal steps to take following an injury caused by negligence, and by working with a competent personal injury attorney, you can focus on your child’s recovery while ensuring their rights and future are being protected.