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.