https://docs.google.com/document/d/1TVtVZb5B7AVIFz7T44YhbbzfbEYun-LMVjI4by1lKHw/edit?usp=sharing
Pediatric Personal Injuries
Injuries in adults are very common from events like slip and falls to car accidents to dog bites. However, children get injured too, and an attorney can represent them in a case with the permission and help of their legal guardian. You might be thinking of those same accidents listed at the beginning for children such as car accidents, but aren’t there adults involved too? The answer is yes, and while a lawyer can represent both parties, an attorney can also just represent a child for an accident they endure on their own.
Examples Of Cases
Maybe your child is playing on a playground and some faulty equipment falls on them, or perhaps your child has to have a medical procedure done, but it is done incorrectly. As a personal injury lawyer can explain, children can have personal injury cases of their own too. Any injuries that are caused due to the negligence of someone else can be represented by a lawyer in a personal injury case. This can also include dog bites, sports injuries, and yes, even car accidents.
How They Work
Similar to a case for an adult, it all starts with a claim. The legal guardian of the injured child should seek an attorney. With a consultation, they can explain what happened and the attorney will determine if there is a case or not; the lawyer will primarily be looking to prove who is at fault. If your child was running on a playground and fell and hurt themselves, you may not have a case without evidence of what caused the fall.
However, if your child had to have surgery on their right arm but the doctor performed surgery on their left, you have a clear cut case in which establishing fault should be easy. An attorney will start by piecing together the events of your child’s case, and then they will look for evidence. This evidence can be collected by the attorney themselves, and it may be physical such as medical records, chat transcripts, and videos. Or, it could come from outside counsel. A medical professional might be brought in to explain the wrongdoing, demonstrate how it could have been avoided, and explain the various medical documents from the case. In a pediatric case, outside experts can prove vital to establishing fault, particularly in heavily medical related cases where things can get very complicated.
As our friends from Cohen & Cohen can share, once fault is established and evidence is collected, the next step is to file a claim. Your attorney will complete all the necessary paperwork with the proper judicial authorities. Next, your child’s case may either go to trial or the party responsible for the accident may choose to settle. If a hospital was found at fault for the injuries, they may choose to offer you a payment for your child’s injuries rather than taking the case to court. As always, you have the choice on whether to accept this settlement, negotiate for more, or take the case to trial based on your feelings and your lawyer’s professional opinion.
Keep in mind, just because this is your child’s case does not mean you will not be involved. As the legal guardian you will need to be there every step of the way to support your child and make important legal decisions.
If your child has been injured due to the negligence of someone else, reach out to an attorney near you to see if you have a case and what consultants may need to be brought onto the case to help prove negligence.