My Child Was Hurt Due to Negligence: Can I Recover Compensation?
Seeing your child hurt is one of the most difficult things in the world. Knowing that your child’s injuries were due to another’s negligence demands action on his or her behalf.
Rules and regulations are in place to help children avoid accidents. When the negligence of another person, company, school, or even government entity is responsible for your child’s injuries, you may be able to recover financial compensation on their behalf.
What Should I Do After My Child is Injured?
After any type of injury, immediately seek medical attention from the emergency room or licensed medical professional. Some injuries, like whiplash, aren’t apparent at first and can develop over the days and weeks following the incident. Play it safe by seeking medical attention and beginning a medical file based on the injuries.
Following medical care, try to recover as much evidence as possible. Common types of evidence include receipts, videos of the scene, photographs, witness contact information, security camera footage, and police reports. Then, consider contacting a personal injury attorney.
Meeting with an experienced personal injury attorney allows you to explore your legal options for financial compensation. “The law takes into account that a child should not be held responsible for their actions that may have contributed to the accident,” note child injury lawyers at Duncan Law Group, “compensation for these injuries must encompass the psychological and emotional effects that can arise.”
Common Causes of Child Injuries
There are many ways in which a child may be injured. Some common causes of serious child injuries include:
- Playground injuries
- Automobile accidents
- Bicycle accidents
- Fireworks
- Toy injuries
- Defective products
- Swimming pool injuries
- Poisoning
- Animal attacks
- Foodborne illnesses
- Birth injuries
Injuries from these types of accidents can range in severity from broken bones and second degree burns to life-altering spinal cord injuries or traumatic brain injuries.
What Compensation Can I Recover for My Child's Injuries?
Since a child is legally unable to be held accountable for his or her injuries, you may be able to recover financial compensation from the negligent parties that failed to protect your child or acted in an extremely reckless or wanton manner.
Recoverable damages in a personal injury lawsuit are usually broken into three parts: economic damages, non-economic damages, and punitive damages. Economic damages are financial losses or costs directly related to your child’s injury, such as hospital bills and physical therapy. Non-economic damages are intangible losses, which can be hard to calculate, and include suffering and/or loss of enjoyment of life. Punitive damages are often difficult to recover, but are awarded when the defendant has acted in a malicious manner, seeking to punish the defendant.
Recoverable damages in an injury case may include:
- Medical bills
- Ongoing medical treatment (physical therapy)
- Property damages
- Pain and suffering
- Lost wages (for a parent taking time to care for their child)
- Punitive damages
- Loss of enjoyment of life
- Funeral expenses
Protecting and Fighting for Your Child
The days, weeks, and months taking care of your child after a serious injury can be taxing. If your child is hurt due to negligence, you have legal options. Fighting for compensation on your child’s behalf can help recover financial losses and secure the best medical care and future possible.