As a parent, there are few things worse than learning your child was seriously injured in an accident you could do nothing to prevent, especially if there is a lot was something another adult could have done to keep it from happening. In situations like this, taking legal action against the negligent party can be crucial to protecting your child’s future prospects and preserving their overall quality of life.
However, civil litigation pursued on behalf of a minor can be uniquely complex, which makes it especially important to have help from a personal injury attorney experienced with handling similar cases. At Lowenthal & Abrams, Injury Attorneys, we do not back down from these type of cases. A committed Bala Cynwyd child injury lawyer will work tenaciously to build the strongest claim possible and demand comprehensive compensation for all your child’s losses.
What Damages Could Be Recoverable?
Unfortunately, children who are still growing and developing can be especially susceptible to long-term disfigurement or disability from injuries sustained in childhood. Because of this, child injury litigation often must account both for short-term losses that have already happened when a lawsuit is filed, and for long-term losses that may not manifest fully for years.
Compensable damages in a case involving a minor might include:
- Emergency medical bills
- Costs of future medical care, including physical therapy
- Lost future working capacity
- Physical pain and suffering
- Psychological/emotional trauma
- Lost enjoyment of life
- Lost income for a parent taking care of their injured child
A Bala Cynwyd child injury lawyer can discuss recoverable losses in more specific detail during a free initial consultation.
Special Rules for Child Injury Cases
The statute of limitations for a child does not begin until the minor turns 18. Generally, a minor has until their 20th birthday to bring a lawsuit for personal injuries. Often, the extent of injuries sustained by a minor are not known at the time of injury. That is why this law is so important. If a parent chooses to settle a child injury claim on their child’s behalf, there are numerous restrictions established under state law on how the settlement process must proceed. Most notably, settlements can only be awarded in cases like these if a court approves the settlement amount first, and the settlement funds must be managed in accordance with the Pennsylvania Rules of Civil Procedure to ensure they are preserved until the child comes of age to take ownership of them.
Finally, it is worth noting that litigation is sometimes possible over an injury to a child when it would not be allowed over an injury to an adult—for example, if a child trespasses on private property and gets hurt by an “attractive nuisance” such as a swimming pool that is not properly secured. A child injury lawyer in Bala Cynwyd will explain all applicable rules and regulations in as much detail as necessary prior to beginning the filing process.
Trust a Bala Cynwyd Child Injury Attorney With Your Case
Accidents involving children can have devastating outcomes, and even relatively minor injuries that will heal completely over time can still be the basis for civil litigation. If you are a parent looking to enforce your child’s rights in court or through a private settlement, having guidance from seasoned legal counsel is essential in having a fair chance at a positive case result.
A Bala Cynwyd child injury lawyer can help you secure the compensation that your child deserves. Call us at Lowenthal & Abrams, Injury Attorneys today to set up your free consultation with a dedicated legal professional.