Personal injury cases involving children can be especially devastating since an accident that could result in more minor injuries for an adult may lead to life-threatening and debilitating injuries for a child. If your child suffers an injury, your first priority will be ensuring their safety and getting them the medical care they need. However, depending on the circumstances surrounding the injury, you may have grounds to pursue legal action. The following are three key things you should know about personal injury cases involving children.
1. Injuries Can Affect Children Differently Than Adults
Accidents can affect children in different ways than adults, and children tend to be at risk of different kinds of unintentional injuries than adults. Certain injuries from which adults can easily recover can often be debilitating for children. For example, because children are still growing and developing, any kind of traumatic brain injury (TBI)—even a concussion—can have lifelong health consequences.
Children also tend to be at a higher risk of suffering certain types of injuries, and as such, it may not be clear that another party was at fault for a child’s injury. The CDC reports that suffocation, drowning, falls, bicycle and pedestrian accidents, and motor vehicle collisions are leading causes of death and serious injury among kids. Parents and caregivers should know that they may be eligible to seek compensation for their child’s injuries in these types of cases.
2. Damages in a Child Injury Case Are Likely to Be Significant
Since child injuries can be disabling and life-threatening, damages in a child injury case can be quite significant. When a court determines a damages award for hospital bills, lost wages, and other economic damages, it considers the costs over the person’s life. Similarly, when a court awards damages for pain and suffering and other non-financial losses, the court considers the number of years after the injury for which these losses will continue. In cases where a child is the injury victim, the amount of time after the injury—and thus the amount of the damages award—can be significant.
After an accident, a child may have increased medical costs for the rest of his or her life, and it may be impossible to recover fully from a catastrophic injury like a TBI or certain types of fractures. The damages award can reflect the life-long losses associated with a childhood injury, from medical bills to lost wages to the loss of enjoyment of life resulting from serious injuries.
3. The Statute of Limitations Can Vary Greatly
Each state has its own statute of limitations for different types of personal injury lawsuits. While some states extend the statute of limitations for child injury cases until the child reaches the age of majority, you should never assume that you or your child will have more time to file a claim. It is best to begin working with an attorney as soon as possible to ensure that your child is eligible for damages.
Anytime a child injury occurs, it is critical to seek advice from a lawyer about seeking financial compensation. Child injury cases can be complex, and it is important to have an experienced personal injury attorney who can evaluate your case and discuss options for moving forward with a claim.