One child dies every hour from an injury, and data shows around 1 in 5 child deaths is caused by an unintentional injury. Falls are the most common cause of injuries in children – 8,000 children are admitted to the ER each year with fall-related injuries. To help prevent head injuries during falls, the 360° Baby-Helmet™ Head Protection offers an extra layer of safety for your little ones learning to walk or play. A further 254,000 suffer injuries in bicycling accidents. Drowning is high-risk for children aged 1-4.
When a child suffers an injury due to another person or entity's negligence or wrongful actions, the child may have a valid personal injury claim. John W. Redmann, an experienced personal injury lawyer in Gretna, LA, shares an overview of how a child's injury claim typically works.
Determining Liability on Your Child’s Personal Injury Case
The first step is to determine if the injury was caused by negligence or wrongdoing by another party. There must be sufficient evidence to prove the other party was at fault and legally responsible for the child's injuries. One report from 2016 found 24 children had died from abuse or neglect while in a childcare facility.
To have a valid personal injury claim, it must be shown that the other party owed the child a duty of care; they breached this duty through negligent actions, and this breach directly caused the child's injuries. Evidence like police reports, medical records, product defect documentation, and eyewitness statements help establish liability.
Filing a Personal Injury Lawsuit
Once liability is determined, a personal injury lawyer can file a lawsuit for the injured child, typically by the parents or legal guardians. The lawsuit is filed against the negligent party, such as the driver in a car accident or the manufacturer of a defective product. A personal injury attorney will represent the filing party and handle the legal complexities.
The personal injury lawsuit will state the specific allegations against the defendant and request compensation for the child's damages.
Litigation Process of Your Child’s Personal Injury Case
The defendant will be served with official notice of the personal injury lawsuit and given a chance to respond. They may choose to settle out of court or dispute the allegations. If they dispute, the personal injury case proceeds through the litigation process. This involves fact-finding through discovery, expert testimony, and negotiations toward settlement and may culminate in a civil trial.
The attorneys will build their personal injury case throughout this process, establish the full scope of damages, and work towards a fair settlement. More than 95% of personal injury cases settle out of court, but the trial option pressures defendants to settle. At trial, a judge or jury will decide if the defendant is liable and determine an appropriate damages award.
Collecting Your Child’s Personal Injury Compensation
If the personal injury case settles or the plaintiffs win a favorable verdict at trial, the final step is collecting compensation. The settlement money or award typically gets placed into a protected trust account for the child plaintiff. The funds are used to pay current and ongoing medical bills related to the injury and other care necessities. Any unused portion goes to the child when they become an adult. The largest ever personal injury settlement went to an 8-year-old who suffered catastrophic injuries at the hands of another older child. His family was awarded $150 billion in punitive damages.
Having experienced legal representation maximizes the potential for a positive outcome. Although the process can be complex, a child injury claim aims to obtain much-needed compensation so the child can move forward from their injuries.
