When a child is injured, a family becomes focused on doing everything possible to help the child recover as fully as possible. Some injuries may be things of the past after a time of healing. Other injuries will mean a lifetime of disability. Rehabilitation and therapy will give both the child and the parents the tools for maximum recovery and coping skills.
Common causes and circumstances behind many child injuries include the following:
- Playground injuries
- Other fall injuries
- Burns involving explosions, frying pan grease, car crashes and flammable clothing
- Dog bites and other animal attacks
- Sports injuries
- Injuries occurring on school field trips, on scout camping trips and at day camps
- Injuries resulting from medical mistakes, such as brain and nerve injury due to meningitis that was diagnosed too late to treat it successfully
- Injuries caused by dangerous toys and other defective products
- School bus-related injuries, including broken bones, brain injury, spinal cord injury or fatality
The challenge for personal injury attorneys representing injured children is to help ensure that compensation is sufficient to cover costs realistically:
- Medical treatment, including provisions for plastic surgery or other corrective surgery
- Rehabilitation
- Therapy
- Necessary medical equipment (such as a wheel chair), including planned replacements as a child grows and over a lifetime
- Home remodeling or outfitting that may be necessary, such as bars installed in bathrooms and elsewhere
- Special education as needed
- Compensation for damages that parents incur such as medical expenses and loss of their child's services
- Compensation for pain and suffering
What Should a Parent Do When Their Child Is Injured?
If your child is seriously injured, you should keep track of all medical records and contact an attorney as
soon as possible. Unfortunately, insurance companies do not always handle severe injuries well. Having
an attorney on your side helps to protect your family’s best interests while seeking maximum
compensation for your child.
Do I Need a Child Injury Lawyer to File a Child Injury Claim?
When filing a personal injury claim, it is always a good idea to have an attorney on your side. An attorney
will investigate the accident, identify all liable parties, conduct interviews, contract with expert
witnesses when needed, file court papers, take care of all related documentation, and build a case to
seek compensation.
The defense will likely have an attorney. Insurance companies absolutely will. Hiring your own attorney means
you don’t have to fight against these powerful adversaries on your own.
Moreover, insurance companies are often willing to exploit the anxieties and uncertainties surrounding
serious childhood injuries to take advantage of struggling families and cheat them out of fair
compensation. Having a lawyer on your side helps to protect you against these tactics and ensure that
you are treated fairly.
What Damages Are Recoverable in a Child Injury Claim?
Damages that may be recoverable in a childhood injury claim include:
- Medical Expenses
- Rehabilitation Expenses
- Home Modifications
- Special Schooling
- Respite Care
- Projected Future Expenses
Each childhood injury claim is unique. The best way to learn what your child’s case may be worth is
through a private and confidential consultation at one of our Atlanta offices. This visit is free of
cost and obligation, and will help you understand your rights and options.
How Soon Must We Bring a Lawsuit on Behalf of Our Child?
You have two years from the date of your child’s accident to take legal action. However, we strongly
recommend you do not wait until the statute of limitations approaches to file suit. The longer you wait
to file, the more complicated your case may become.
Do not accept an insurance offer before talking to an attorney. Taking a settlement will bar you from future
legal action, even if the payment is woefully inadequate.
Will My Child Be Traumatized Again if We File a Lawsuit?
Children, like adults, have different responses to different situations. Therefore, it is difficult to know
what your child’s reaction to a lawsuit may be. However, the childhood injury attorneys at
Watkins, Lourie, Roll & Chance take every care to protect children from additional trauma.
You should consider the damages that have already resulted from your child’s injury and carefully
measure this against the potential risk for additional trauma. Consider also how compensation can be
used for therapeutic and rehabilitative services, along with all expenses related to your child’s
injury, which may make temporary discomfort – however unpleasant – worth it in the long run.
During your initial consultation, we will answer any questions about the claims process and discuss what may
occur to help you determine if legal action is the right choice for your family.
What Will Their Experience Be Like if We File a Child Injury Claim?
The attorneys at our office have decades of experience helping injured children get justice. One of our
primary focuses is childhood and birth injury. The care we take with these cases is intended to protect
the victim and seek maximum compensation. We can help you determine what may be required of your child
and what they can expect based on the specifics of your case.
It is good to note that over 95 percent of childhood injury claims settle before they go to court. Therefore,
it is improbable that your child will be required to testify or relive the events that lead to their
injury.
What if My Child Has Died Due to the Fault of Another?
If your child has died in an accident, you have two years to file a wrongful death claim. These claims seek
economic justice for families who have lost children and are separate from and not influenced by any
criminal proceedings that may be filed against the perpetrator.
As with personal injury claims, it is a good idea to discuss your options with one of our attorneys before
accepting any offers from insurance to help ensure you are making the best choice for your
family’s current and future needs.
Contact Us — Free Consultations
Was your child injured in an accident at home, at work, in traffic or at a playground? Allow our Georgia personal injury attorneys to explain how we can help your family receive compensation to help your son or daughter both now and over a lifetime.
Take up the fight. Contact a personal injury lawyer at Watkins, Lourie, Roll & Chance, PC to schedule a consultation.
Find out about successful cases we have handled.