Because their special needs and the fact that each child is different, lawsuits that involve injuries to children often have to be decided on a case-by-case basis. Every child is at a different stage of development in terms of physical, social, mental, intellectual, and emotional factors.
On the other hand, injuries to children can often be observed in identifiable patterns where the likelihood for injury is great. Some common lawsuits that involve injuries to children may include:
- School injuries
- Automobile accidents, especially school bus transportation accidents
- Injuries caused by defective equipment, toys such as electronic skateboards, or other products
- Slip and fall type cases
- Swimming pool accidents
- Medical malpractice claims
Also, child injuries can also involve other children as well, since children commonly engage in games and activities with many participants.
Are There Any Other Legal Aspects to Consider If My Child Has Been Injured?
Dealing with a lawsuit over your child’s injuries can be difficult. You can help make the process easier by considering the following aspects:
- Timing of filing: First, you should make sure your child receives the proper medical treatment. You should then consider filing a lawsuit as early as possible, since any delays can be detrimental for your claim. Some cases can’t be filed anymore if you wait too long after your child’s injury
- Notice: It may be necessary to serve the other party with notice that you’ll be filing a lawsuit. Hence, it’s also necessary to properly identify which persons and parties may be involved in the lawsuit.
- Deadlines: Aside from filing timeframes, you should be aware of any other deadlines that could affect the outcome of the lawsuit, such as responding to requests from the opposing side.
- Communicating with the other side: Once the legal process has begun, you should never communicate with the other side without the presence of your own attorney. This may also extend to other persons and parties who may have an interest in the outcome of the lawsuit.
Many of these legal aspects are only to be addressed with the proper guidance from an experienced lawyer. Your child may also need to be examined by an expert witness, such as a medical expert, especially if the nature of the injuries is a central point in the case.
You may also wish to inquire with an attorney regarding the types of remedies that are available. In most personal injury lawsuits, legal remedies come in the form of monetary damages to pay for the victim’s medical expenses and other related costs.
Should I Hire a Lawyer for Help With a Lawsuit Involving Child Injuries?
Injuries to a child are treated very seriously by the court system, and it’s usually necessary to hire a personal injury lawyer if you’re going to file such a lawsuit. Your attorney can provide you with expert legal advice and can represent your child in a court of law. You should also ask your lawyer if you have any specific questions about the personal injury laws in your area, since they can often vary by state.