It is a scary and overwhelming experience for any parent when their child suffers a serious injury. Being aware of your legal options may help provide direction when attempting to pursue justice and compensation. The purpose of this post is to delve into what options parents have when they discover their child has sustained severe injury caused by the negligence or intentional acts of another.
Understanding Liability
Liability has to do with being legally responsible for bringing harm to another. To ensure the parent figures out who is potentially responsible for their child’s injuries. That someone could be another person, a business, or an organization. Liability plays a key role as it is the root of all legal action taken to get paid. Speaking to a Columbus baby & child injury lawyer can help parents understand the legal landscape better.
Personal Injury Cases You May Encounter
Child injury: Different scenarios may lead to personal injury cases involving a child. Examples of these are car accidents, medical malpractice, defective products, and unsafe premises. They all have their legal implications and may, therefore, be treated differently.
Accidents
Child injuries result frequently from accidents. These take place not just around dog parks but in all walks of life, playgrounds, schools, and on the road. Parents may have a claim if someone else was negligent in causing the crash. For example, if an accident caused injury to a child and the driver did not follow traffic laws, the driver would be guilty.
Medical Malpractice
Medical malpractice is when a healthcare professional does not provide the proper care needed in a situation, which causes harm. There may include wrong diagnosis, surgical wrong treatment or wrong treatment. When a child suffers an injury due to a medical professional’s negligence, the parents may want to file a medical malpractice claim.
Defective Products
Safety standards on toys and other children’s items, such as safety equipment. When a product is defective or unreasonably dangerous, and that defect causes injury, the manufacturer or distributor may be liable for damages. Parents also have the option of filing a product liability claim for damages.
Unsafe Premises
Property owners have a responsibility to keep their property safe. If a child is hurt because a property was a dangerous place for children, the property owner may be responsible. For example, a child who is injured in a swimming pool or on a playground set that has not been adequately repaired.
Seek Medical Attention
First and foremost, be sure to get the child medical attention right away. Your medical report can be necessary when you go to court. It helps to determine the context of the injuries and how they need to be treated.
Document the Incident
The next step must be to gather as many details as you can regarding the incident from your child. This involves documenting the scene, getting a witness statement, and making notes about any other contact related to the injury. Good documentation of what happened can substantiate your case.
Contact a Legal Professional
You can turn to personal injury lawyers for help. Legal matters need to be resolved — an attorney can assess the case, explain the options, and help the parents navigate through the legal process. They can also assist in advocating for a settlement or representing the family at trial, if necessary.
Settlements
In many scenarios, the parties could decide to settle. A settlement is an agreement of compensation with the party who owes you money or their insurance company. Fortunately, settlements are often faster and less stressful than a court trial.
Lawsuits
When a settlement is not possible, the parents file a lawsuit. That would bring the case to a courtroom, where a judge (or jury) would make the determination. Lawsuits can be long and complicated, but they might be necessary to get the compensation you deserve.
Statute of Limitations
Understand the limitation period relates to how long a parent may need to wait to file a claim. The length of this period differs based on location and case type. Failure to meet this deadline will mean the forfeiture of the right to obtain compensation.
Conclusion
Although coping with a serious injury to your child is no easy feat, learning about your legal options can help in attaining justice and compensation. Understanding who is liable, the next steps, and consulting with legal counsel helps parents navigate such a process. Immediate action must be taken for the best interest of the child and the family.
