No parent wants to hear that their child has been hurt. But if you have found yourself in a situation where your child has been injured due to the negligence or carelessness of another person or company, the best thing that you can do is make sure that your child is able to get the compensation that they deserve. Even if your child’s injuries are not life-threatening or permanent, children can suffer considerably from being injured, particularly if they are very young and do not understand what is happening, and you can claim for pain and suffering and any emotional damage that the injury caused. These tips will help you be in with a better chance of helping your child win the compensation that they are entitled to.
Understand the Key Differences:
There are some key differences to be aware of when you file a personal injury claim for a child. First of all, minors are unable to file their own personal injury claims so it is up to their parent or legal guardian to do it on their behalf. The outcome needs to be accepted by the court, and the statute of limitations is longer for minors. Rather than two years after the injury occurred as is the case with adults, children have two years after the injury is discovered, as in some cases, injuries are not apparent until the child has developed further. If your child is a teen, you may want to consider waiting until they are eighteen, where they have two years to file their own personal injury claim as an adult.
Hire a Good Lawyer:
It’s hugely important that you get the right legal support on your side when you are fighting a personal injury claim on behalf of your child. This is especially true if you are struggling to decide whether to file the claim on your child’s behalf now or wait until they can do it themselves at 18; a good lawyer like Brown & Crouppen will be able to help you weigh up the pros and cons of each option and come to the right decision for your family. In addition, an experienced personal injury lawyer will be able to guide you through the process, provide expert representation for you in court if needed, and help you decide when to settle and when to continue fighting so that you are in with the best chance of winning the maximum compensation for your child. Representing your child yourself is often too risky if you don’t have the legal know-how.
Keep a Journal:
When it comes to fighting your child’s personal injury claim, the more evidence you have the better. Bear in mind that you may not be in court for some time after your child’s injury occurs, so it’s important that you document your child’s experiences as best you can. If your child is old enough, it might be useful to get them to keep a pain journal as this can be used in court as evidence of the impact that the injury has had on their lives.
Get as Much Medical Attention as Possible:
When in court, any medical records pertaining to your child’s injury will be used as evidence and may also be used to determine the type of compensation and how much compensation your child is entitled to. Along with the initial medical attention that you seek for your child when they are first injured, be sure to attend all follow-up appointments, make sure that concise records are kept and don’t be afraid to ask for a second opinion if you feel that you need one. When it comes to getting the maximum amount of compensation possible, the more medical evidence you have the better.
Consider Emotional Damages:
Many parents get caught up with the physical side of things, but you may also be entitled to claim compensation for any emotional damages that your child has suffered as a result of their injury. For example, young children who are involved in a car accident may often suffer from mental health complications as a result and it is not uncommon for them to suffer from issues such as anxiety, depression or post-traumatic stress disorder. If you feel it is appropriate, you may want to take your child to see a child psychiatrist or psychologist to help diagnose any mental health problems that they may have been suffering as a result, particularly if your child’s mood has changed significantly even after the injury itself healed.
When to Wait Until Your Child is Eighteen:
Finally, there are several complications involved and differences to be aware of when you file a personal injury claim as the legal guardian or parent of a child on their behalf. As a result, many parents prefer to take advantage of the statute of limitations extension that allows children to wait until their 18th birthday when they will have two years to file their own claim as an adult, which can be less complicated. However, this might not always be the best idea if your child is still very young. Unless you can be sure to preserve any evidence until this time, waiting several years until your child can file their own injury claim often means that evidence will be lost. However, a child who is older and closer to the age of 18 may be a more appropriate candidate for waiting. This is because, with a shorter time period in between the injury and the claim being made, it is easier to preserve the evidence and ensures that your child is still in with the best chance of winning maximum compensation.
No parent ever wants to see their child in pain, but sometimes the best thing that you can do for your child if they have been injured is to make sure that they get the best possible compensation for their injuries. By working with the right personal injury lawyer and knowing the facts, you can ensure the best outcome for your child.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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