As a parent, you want to believe that your child is safe under childcare professionals like teachers, nannies, medical practitioners, and others. However, statistics highlight injury as the leading cause of death among children. Moreover, some of these injuries arise from maltreatment and neglect by community members, including childcare professionals.
Although children are vulnerable, they have a right to claim compensation for life-changing physical and mental injuries. Fortunately, children’s injury attorneys can follow up on your child’s injury claim, ensuring compensation or justice for your child’s suffering. Therefore, keep reading to learn more.
State Laws On Child Personal Injury Claims Vary
The laws guiding the personal injury claim filing for children vary across states and depend on the prevailing circumstances. For instance, different jurisdictions have different statutes of limitation, i.e., the period within which a parent or guardian can file a personal injury claim on behalf of their child varies among states.
In California, the statute of limitation expires three years after the said claim becomes actionable or on the minor’s eighth birthday if they are younger. However, the statute of limitation in several states is two years. Therefore, you can learn more from this child injury attorney about the statute of limitation for child personal injury claims in your jurisdiction.
Second, exceptional circumstances like a case where the plaintiff is a minor, incarcerated, or legally insane call the statute of limitation. Tolling is legal jargon for pause, meaning that it is possible to pause the statute of limitation duration while awaiting resolution of the unique circumstances. A tolling agreement has pros and cons, and a children’s injury attorney can guide you through both aspects, giving you clarity on the statute of limitation issue.
Also, some state laws demand that a parent or guardian seek the court’s permission before negotiating a personal injury claim on the child’s behalf. Although the process is straightforward, a child’s personal injury claims lawyer can accelerate the process.
Opposing parties in a child’s personal injury compensation claim case can settle the matter. A lawyer specializing in child injury compensation claims can steer the negotiation objectively, helping you get a viable settlement.
However, out-of-court negotiations may fail, forcing both parties to take the matter to court. Regardless, a lawyer specializing in child claims can help you plan the ideal argument, gather evidence, and set the desired compensation amount. Some popular legal arguments on child personal injury compensation claims include negligent supervision where the plaintiff failed to uphold their duty to care. Second is the bystander theory argument which applies if the parent or guardian was at the scene of the incident leading to injury.
Third, factors like permanent physical injury, emotional distress, pain and suffering, and disability also apply when building a case. Therefore, a child injury attorney is crucial in court proceedings and out-of-court negotiations.
They Help Establish The Compensation Due To Your Child
Getting compensation from an insurance company is like squeezing water from a rock, and you can fail if you lack the ideal backing. The perfect backing, in this case, is an experienced child injury compensation lawyer who knows how to negotiate for a fair compensation figure.
Factors taken into account to arrive at a settlement figure for the compensation claim include injury severity, associated pain and suffering, current treatment, and prognosis, including specialized treatment.
Moreover, as a parent or guardian, you can also claim compensation for home and vehicular adaptation and transportation costs. Second, you can also claim compensation for income loss if you had to quit employment to care for your injured child. Third, the attorney can also negotiate for interim payments, compelling the plaintiff’s insurer to pay regular interim payments before settling the claim.
The compensation package should help your child lead the most comfortable life possible in the present and the future. Therefore, injury compensation claims lawyers ensure the awarded claim covers all the costs associated with your child’s injury.
Children’s Injury Attorney Can Protect Your Child During The Trial Period
Court proceedings for personal injury compensation can get messy because the defense lawyers will pull all the stops to ensure the court ruling favors them. Therefore, they can attempt to blame your child as part of their trial strategy.
For instance, they can argue child negligence and insinuate that your child could consciously resist situations, e.g., an attractive nuisance that caused the injury. However, a children’s injury attorney can prevent the defendant from shifting blame to your child. Moreover, they can also urge the courts to protect your child’s identity during sensitive compensation trials like those involving abuse.
They Can Offer A “No Win No Fee” Settlement
Most child personal injury compensation claim lawyers offer a “no win, no fee” policy, meaning they don’t charge you consultation and litigation fees if the courts favor the defense. Moreover, the defense will cover your legal costs if you win the settlement. Such an arrangement protects you from losing a chunk of the settlement to litigation fees, given the expenses associated with caring for an injured child.
Conclusion:
Watching your child suffer through an injury or succumb to one is a traumatizing process, and the last thing you want is to haggle with insurance claims officers. Thankfully, a children’s injury attorney can help manage the situation and deliver desirable results.