Is Legal Representation Necessary in Child Injury Cases? What Every Parent Should Know

When you have children for the first time, they instantly become the center of your attention. It takes a lot of hard work, patience, and love to care for a child and raise them to be responsible young adults. It is truly a miracle watching them discover the world around them, and most parents would not hesitate to lay down their lives for their children.

Unfortunately, we cannot roll up our children in bubble wrap and keep them from all forms of harm. As they grow older, they will be exposed to more situations in which they are vulnerable and could get hurt. Most of those circumstances will be accidents that the child can bounce back from. However, in more dire situations, the actions of another person could make them responsible for your child’s suffering. 

The field of personal injury law exists to help injured victims hold others accountable when negligence leads to injuries. If your child gets hurt because of someone else, the impact on their life and your own can be substantial. You have the right to file a claim with the help of an injury lawyer on behalf of your child. Let’s talk about why legal representation is a good idea in this matter. 

Determining if You Have a Case

Personal injuries are not cut-and-dry in terms of qualifying for compensation. Some situations may call for a claim while others may not. Determining if you have a personal injury case for your child is the first step in the process. To do this, it is better to speak to an experienced lawyer in the state in which you reside or where the injury took place. 

It is important to understand that states have different laws regarding personal injury, especially when it comes to fault. 

• A personal injury lawyer in Smyrna, Tennessee, can help you navigate the modified comparative negligence statute to see if you have a case
• In South Dakota, your attorney will explain slight vs gross modified negligence, which is unique to this state
• Some states like North Carolina are much stricter on claimants with contributory negligence statutes
• Pure comparative negligence states like New York allow damages to be pursued no matter how responsible the claimant is for the accident

Collecting Evidence

Supporting your claim for child injury with evidence is the key to winning compensation. You must be able to provide proof that the defendant failed to uphold their duty of care to your child and that their actions caused the child’s injuries as well as the ensuing damages. For example, many parents should understand the signs of medical errors, especially in regard to their children. If a doctor diagnoses your child incorrectly, the treatment plan could lead to further illness or injury. You will need evidence of this error to present in your claim proceeding if you want to win compensation for the damages suffered by your child and your family. 

With a legal representative who understands the laws in your state, you will have a better chance of collecting strong evidence, which can include medical bills, doctors’ reports, medication records, and even images or footage of the incident. 

Assessing Damages and Negotiating for Compensation

Your lawyer will also play an important role in figuring out how much your child’s injury case is worth. This comes down to legal damages that resulted from the injury. Damages can include the cost of medical treatment, lost wages if your child is old enough to work, loss of enjoyment of life, future medical bills, physical pain, and even emotional suffering. The more severe your child’s injury, the more the legal damages will be worth in the settlement.

Winning a fair settlement is also a complicated process. Whether you are dealing with insurance and costs associated with ABA therapy for your child or health insurance, these companies want to make money. That means avoiding paying out settlements as much as possible. For your child’s injury case, the defendant’s insurance carrier will do everything they can to undermine your case and offer a low settlement. With a lawyer on your side, you will have access to far more negotiation power for a better chance at maximum compensation to cover those damages. 

Protect Your Child’s and Family’s Interests After an Injury With Legal Representation

A personal injury lawsuit can be a stressful experience. However, if it can help your family secure its financial future in the midst of a difficult time, then it is worth the effort. Plus, when you hire a professional in this legal field, they can handle the bulk of the work, freeing you up to spend more time caring for your child as they recover. While legal representation may not be a requirement for everyone dealing with a child injury, it is a solid option for families who have been hurt by the negligent actions of another.