My Child Was Injured: When Should I Hire an Attorney?

As a parent, nothing is more upsetting than when your child is injured, whether from an accident, negligence of others, or an intentional act. Sadly, a child dies every hour in the US from an unintentional injury. Your priorities are making sure your child gets proper medical care and providing emotional support during recovery. 

However, there may come a point when you need to take legal action by hiring a lawyer on your child’s behalf. 

Instances When Legal Action May Be Necessary

Negligence of Others

If another person or business was negligent and caused your child’s injury, they may owe compensation; for example, if your child was hurt on unsafe playground equipment at school, by a daycare provider, or by a driver who ran a red light. A personal injury lawyer can determine if negligence occurred and to what extent the other party is liable – 19% of child injuries happened at school, so these types of accidents are more common than many parents realize.

Injuries on Someone Else’s Property 

Property owners have a responsibility to make their premises reasonably safe. If poor maintenance, defective products, or lack of safety measures on another person’s property led to your child getting injured, an attorney can build a premises liability case against them.

Intentional Harm to Your Child

If another person deliberately harmed your child, whether it constitutes a criminal offense or civil wrongdoing, you need a lawyer to protect your child’s rights. This includes instances of child abuse, bullying, assault, or sexual abuse. An attorney can help hold the perpetrator accountable through civil and criminal proceedings.

Lasting or Severe Injuries

Severe injuries that result in ongoing medical treatment, physical therapy, counseling, missed school, permanent impairment, or lost quality of life often warrant seeking compensation above and beyond initial medical bills. An attorney can pursue damages for long-term care, pain and suffering, and reduced earning capacity. For a birth injury lawsuit, the average settlement if a case doesn’t go to trial is $456,000. 

Insurance Claim Issues

If an insurance company is denying, delaying, or disputing a claim related to your child’s injury, an attorney experienced in insurance litigation can advocate for your child’s rightful compensation. 

Struggling to Pay Medical Bills  

Legal action may be necessary to recover full compensation when medical and treatment costs exceed what your own health insurance covers. An attorney can pursue damages from the liable party to lessen the financial strain on your family.

Your Child Will Need a Legal Guardian

If your child’s injuries limit mental capacity or leave them in a permanent vegetative state, you may need an attorney to help you obtain legal guardianship and protect assets your child may be entitled to.

You Feel Police Or Other Authorities are Not Responding Adequately

If you believe authorities are not properly investigating or prosecuting your child’s injury case, an attorney can act as an advocate to pressure action.

Consulting an Attorney

The decision to hire an attorney is very personal and depends on your specific situation. But in many instances, an experienced personal injury lawyer can work aggressively to protect your child’s rights and hold negligent parties responsible. This provides the best chance for justice and fair compensation to pay for medical care, rehabilitation, and provide for your child’s needs. 

With your child’s wellbeing on the line, a consultation with an attorney is often a wise step.