Kids are naturally curious and adventurous, which often leads to bumps and bruises. Most of the time, these are minor incidents – a scraped knee here, a small bruise there. But sometimes, they can experience something more than a simple scraped knee. Unfortunately, unintentional injuries are one of the leading causes of death among the youth, with around 12,000 children and young adults succumbing to them annually. (1)
When a child’s accident results in a trip to the emergency room, parents are left with many questions. As you watch your little one recover, you might wonder if the accident could have been prevented, and if so, who might be responsible. This is where a child injury lawyer can step in to help. They’ll guide you through the legal process and potentially secure the compensation your child deserves.
Legal Rights of Injured Children
As a parent or guardian, you may have the legal right to seek compensation when your child gets into an accident. The basis for these claims is often negligence. Negligence occurs when someone owes another person a duty of care and fails to fulfill it, resulting in harm.
In the context of child injuries, negligence can arise from various situations, such as:
- Defective products: If a defective toy or equipment injures a child.
- Dangerous premises: If a child is injured on the property, that is unsafe.
- Medical malpractice: If a doctor or healthcare provider makes a mistake that results in a child’s injury.
- Car accidents: If a child is injured as a passenger in a vehicle.
The laws governing child injury cases vary from state to state, so you must consult an attorney familiar with your jurisdiction’s laws. For example, if you live in New Jersey, you’ll want to team up with a New Jersey child injury lawyer. They understand the specific laws in your state and are familiar with the kinds of child injury cases that often come up in your area.
Benefits of Hiring a Child Injury Lawyer
While personal injury lawyers are great to have by your side in these cases, one with specific expertise in child injuries would be ideal. They have specialized knowledge and experience in handling situations like playground injuries or swimming pool accidents involving children.
Lawyers are also excellent negotiators. If you believe you and your injured child deserve a certain amount in settlements, child injury attorneys will help you fight for it. Either way, they can still negotiate fair and favorable settlements with insurance companies. Their assistance allows you to avoid the stress and uncertainty of a trial.
Trials for personal injury lawsuits are rare, with only four to five percent going to court. But if they can’t reach a settlement, your child injury lawyer can represent you in a trial. They’ll advocate for your rights, fight for the maximum compensation possible, and prepare for trial by gathering additional evidence and deposing witnesses. (2)
Lastly, a child injury attorney can also provide much-needed emotional support to the family. When a child is hurt in an accident, parents and guardians often struggle with stress and worry. Having a lawyer to guide you through the process can help ease some of these tense feelings, giving you one less thing to worry about during a difficult time.
The Emotional Impact of Child Injuries
Child injuries can have a profound emotional impact on both the child and their family. The psychological trauma associated with such accidents can be significant, often leading to anxiety, depression, and even post-traumatic stress disorder (PTSD).
Children who have experienced injuries may struggle with fear, anxiety, and nightmares related to the accident. It’s not unheard of for these kids to have difficulty coping with pain, changes in their physical appearance, or limitations on their activities. These emotional challenges can affect their self-esteem, relationships, and overall well-being.
Meanwhile, parents and caregivers may feel guilty, angry, sad, and helpless. One study reveals that 9.6% of parents experience post-traumatic stress three months after their child’s accident. (3)
Medical expenses, lost wages, and other financial concerns can also contribute to stress and anxiety. Disrupted routines and uncertainty about the future can also strain family relationships.
Families affected by child injuries can find support through a variety of resources. Support groups, for instance, offer a safe space to connect with others who have gone through similar experiences. Meanwhile, counseling services could help individuals and families cope with the emotional challenges associated with child injuries.
Compensation for Child Injuries
If your child gets severely hurt in an accident, you may be entitled to compensation for various damages, including medical expenses, pain and suffering, and punitive damages. Medical expenses can include past and future treatment costs, such as hospital bills, doctor’s fees, and rehabilitation expenses.
Parents may recover lost wages or earning potential if the injury prevents a child from working or attending school. Your child may also be entitled to compensation for the physical and emotional pain caused by the injury. Some forms of damages are punitive in nature and can be awarded as a punishment to the defendant for their reckless or malicious behavior.
The amount of compensation will depend on the specific circumstances of the case.
Choosing the Right Child Injury Lawyer
You’d want the best lawyer who’ll represent you and your child with their case. Consider the following factors in the search for one:
- Experience: Look for a lawyer with experience in handling child injury cases.
- Reputation: Research their reputation and track record.
- Communication skills: Choose a lawyer who’s easy to talk to and keeps you informed of all events.
- Fees: Most child injury lawyers work on contingency fees, meaning they’ll only collect payment if they win your case.
Feel free to ask trusted friends and family for suggestions, too. They might be able to steer you toward the right attorney so you can continue to safeguard your child’s future.
Wrapping Up
Watching your child go through pain after their accident can be heartbreaking, but know that you can protect and fight for them. Consulting with a child injury lawyer is your first step. They’ll explain your legal rights and guide you through the judicial process to give your child the compensation they deserve.
References
- “Accident Statistics”, Source: https://www.stanfordchildrens.org/en/topic/default?id=accident-statistics-90-P02853
- “Personal Injury Settlement Amounts Examples (2024 Guide)”, Source: https://www.forbes.com/advisor/legal/personal-injury/personal-injury-settlement-amounts/
- “Short and Long-Term Parental Posttraumatic Stress After a Child’s Accident: Prevalence and Associated Factors”, Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7067753/