Parents live in fear of the day their child sustains a serious, even life-threatening, injury. No suffering or distress is more profound than that of a parent confronted with their own child’s pain. The greatest nightmare of all is your child enduring agony due to another’s careless, reckless, and entirely-preventable conduct.
As a mother, Flora Templeton Stuart understands how it feels to worry for a child’s safety and wellbeing. She is dedicated to utilizing her extensive legal experience and refined skills when representing the interests of injured children and their families. No family should have to endure the trauma of the severe injury or tragic death of a child. However, if you find yourself in these unfortunate circumstances, you deserve the best possible legal representation available.
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When she’s not engaged in her legal practice, Flora is giving back in the Warren County community, helping in the schools, charities, and fundraising events. If you’ve been out and about, you might have seen her law firm’s mascots, Poppy and Pixie, the raccoons. She has donated over $200,000 to charities and fundraisers over the years including: BG OnStage, Kiwanis Club, Stuff the Bus, Lions Club, Toys for Tots for Southern KY, International Center of KY, Band Together BG, Poppy Field Trips, Thunderfest, Holy Spirit Catholic Church, South Central KY Kids on the Block, Operation Stand Down, Buddy Walk, and Save Our Kids Coalition.
For attorney and mother Flora Templeton Stuart, no area of personal injury law holds more weight than cases involving injured children. Before pursuing a professional career in law, Flora began her career as a teacher. As a single mom, seeking a better life for her children, she worked her way through law school. Attorney Stuart has a deep understanding of the sacrifices parents must make to ensure their children are healthy, comfortable, and happy.
Flora Templeton Stuart and her team are committed to every personal injury client they represent. Cases involving injured children, however, give them even more motivation to see justice done through the civil legal process. No child should suffer a needless injury. No family should mourn the senseless death of a son or daughter. However, when tragedy inevitably strikes, no one should go without the best, most committed legal representation available.
Flora Templeton Stuart isn’t afraid to stand up to those who’s carelessness or recklessness hurts or takes the life of a child. She works tirelessly to ensure that injured children and their families receive the compensation they deserve. She is dedicated to helping you recover, so you have the opportunity to move forward with your life.
In a recent case, she obtained a $1.45 million settlement for the family of a child killed by a negligent driver. Of course, money cannot take erase your pain or bring back your child. However, financial compensation can provide children and their families with the resources they desperately need to navigate these devastating circumstances.
Children will get hurt; it’s just a fact of life. A lack of experience encourages children to take risks adults would never dream of taking. Children fail to perceive dangers that any adult would see. The curiosity and fearlessness of childhood, while beautiful, increases children’s risk of injury.
Adults have a special responsibility to protect children. Obviously, they must protect them from the dangers of our environment, but also from the naïve decisions children make every day.
Unfortunately, adults are not always able to supervise or impact their children’s daily decision-making. Consequently, foreseeable and preventable accidents cause children serious injuries. Some common childhood injuries include:
Children commonly endure many more injuries. As any parent knows, children have an innate talent for finding danger. What parent hasn’t asked, “how on earth did that happen?” We cannot anticipate every conceivable way a child can sustain an injury. However, we can take steps to hold adults and companies accountable when their actions put children in harm’s way.
There are a variety of ways children may sustain injuries. Similarly, the types of injuries children endure also vary widely. Some of the more common, and tragic, injuries clients of Attorney Stuart have sustained include:
Parents sometimes struggle with determining whether children’s injuries are minor or major. Whether the injury will heal with minimal first aid or requires immediate medical attention. Children sometimes struggle to judge and communicate how they feel. Parents can overlook subtle symptoms of serious problems.
We encourage parents to trust their guts, but also to err on the side of caution and seek a medical evaluation. The positives of taking the time to have a medical professional inspect a childhood injury far outweigh the negatives. An exam could spot a telltale sign of a major health complication before it becomes serious or even deadly.
In Kentucky, parents of children injured by someone else’s carelessness or recklessness have a legal right to pursue compensation. Financial compensation for injured parties is referred to as “money damages.” The specific “damages” a family may be entitled to recover after a child’s injury will vary widely from case-to-case. Damages in a specific case depend on the nature of the injury, the child’s prognosis, and the financial resources available.
In general, however, damages for a childhood injury fall into two categories: economic (or special) and non-economic (or general).
Economic damages compensate a child and the child’s family for the direct expenses resulting from an accident, including:
Non-economic damages compensate a child and the child’s family for the mental and emotional harm resulting from an accident. General damages may include:
In cases of childhood injury that involve intentional, reckless, or outrageous conduct, a court may also award “punitive” damages. Punitive damages do not pay for your losses, but rather are intended to punish that wrongful conduct. By requiring the wrongdoer to pay additional compensation, the hope is to deter egregious behavior in the future.
A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death.
If a child injury occurs, get medical treatment immediately. Get names and contact information of any witnesses. Take photos of the scene to document the conditions or negligence that contributed to your child’s injury. File a police report to document the incident. Do not talk to the responsible party’s insurance company without attorney representation.
The parent or legal adult raising the child needs to be appointed as guardian so he/she can act on behalf of the child in the case. The appointment involves a brief court appearance in the county where the child resides. It is often required that another person who owns property in that county sign a bond to ensure the settlement funds will be protected for the child.
In order to win a child injury case, you must prove the other party was liable or negligent which led to your child’s injury. Determining who is responsible for a child injury can be tricky. Getting an experienced lawyer is key to make sure you get all the damages you deserve from all the parties involved. Let us sort out the evidence, talk to the insurance companies, and file paperwork so you can focus on what is most important – helping your injured child recover.
When a child is injured, his or her medical needs can extend far into the future. Considerations for future medical expenses, medications, adaptive equipment, home care, physical therapy, etc. should be included when settling a child injury case. Settlements could also include pain and suffering or future lost income.
Kentucky law requires that any recovery for your injured child is to be held in trust until he/she is 18 years of age. Our law firm provides clients with the option of establishing annuities or college funds in child injury cases. The establishment of a college fund or annuity will not only protect the funds for future use by your child, but they may provide certain tax advantages. Be aware there are a few special circumstances in which your child’s recovery could be awarded immediately: if the recovery is less than $10,000 if there are special needs for your child, or if the court approves special expenditures to benefit your child.
The Law Firm of Flora Templeton Stuart handles child injury claims on a contingency fee basis. That means we only get paid from your recovery in the case. Contact us at (888) 782-9090 for a free consultation.
Parents caring for an injured child have one singular focus: helping their child get better. They rarely stop to think about whether they need a lawyer. Talking to an attorney will likely have a much lower priority than helping a child recover from an injury. Also, many parents instinctively shy away from the notion of taking legal action seeking compensation for their child’s injury. Many are afraid they will be perceived as if they are “profiting” from their child’s misery.
As a mom, Flora Templeton Stuart understands and shares those instincts. The health and wellbeing of a child is always a parent’s first and top priority. Virtually every parent we’ve ever met would give up any amount of money to spare their child pain and suffering.
As a lawyer, however, Flora serves as an advisor who can take a step back from the trauma to gain perspective. Although money is no substitute for a child’s wellbeing, she knows it can help families pay for essential care and services. Injured children must receive the medical care they need to regain a measure of stability. She also knows that by holding those whose actions harm children accountable, a lawsuit can prevent future injuries.
Of course, every Bowling Green child injury case is unique. There is no “one-size-fits-all” legal strategy for a family suffering from a child’s severe injury or the tragic death. In each case she takes, Flora’s mission is to help parents of injured children make sound, well-informed decisions. She will help you understand your legal rights, so that you may obtain the financial resources you deserve. She strives to ensure you can move forward with your life in the most meaningful manner possible.
If a preventable accident leaves your child injured or worse, Flora Templeton Stuart is ready to stand by your side. She will fight to recover the maximum compensation available to help you, your child, and your family heal. Contact her today online or at 888-782-9090 to schedule a free, no-obligation case consultation.
The Law Firm of Flora Templeton Stuart
607 E 10Th AVE
Bowling Green, KY 42101