As parents, the safety of our children is our top priority. Seeing our children suffer through pain or distress is highly upsetting, especially when they have been injured in a personal injury accident. If your child has been injured because of another party’s negligence, you may be entitled to compensation through a personal injury lawsuit. You can bring a child injury case when an individual under 18 becomes injured due to the fault of another person or organization. The guardians or parents of minor children injured by another person’s negligence or recklessness have a legal right to seek compensation.
Common Examples of Child Injury Cases in Kentucky
In many ways, children are the most vulnerable people among us. According to the Centers for Disease Control, approximately 9.2 million children visit the emergency room for an unintentional injury every year. Most, if not all, of these injuries could have been prevented had a person or company used reasonable caution and care. Child injury accidents can occur nearly anywhere, from a school to a retail location. Examples of some of the most common types of child injury cases in Kentucky include the following:
- Car accidents
- Truck accidents
- School bus accidents
- Pedestrian accidents
- Assault, including gunshots
- Dog bites
- Slip and fall accidents
- Swimming pool accidents
- Dangerous conditions on another person’s property
- Negligent caretaking
How Child Injury Cases are Different From Adult Cases
When considering which law firm to work with, you should consider whether the firm has experience in child personal injury cases. Child personal injury cases are unique. For example, the victim has a longer time than an adult to bring a lawsuit against the defendant in child injury claims. Kentucky imposes a statute of limitations on personal injury claims. The statute of limitations states that the plaintiff must bring a case within a certain time frame or be barred from bringing a claim.
The statute of limitations for minors who have been injured in a personal injury accident doesn’t start until they reach the age of majority, which is age 18. In other words, if a child was injured when they were 12, the statute of limitations will not begin to run until the child turns 18. It’s as if the accident happened on the day the child turned 18. This can be beneficial when children are seriously injured. They will have additional time to be treated and recover from their accident-related injuries.
Understanding the Full Extent of Your Child’s Injuries
Children may be too young to communicate the full extent of their injuries, including their pain and suffering. For example, if your child suffered a traumatic brain injury in a car accident, it could take years before you know what symptoms will be permanent and can determine the full extent of the injuries. If your child suffers a severely fractured broken bone, it could take years of surgeries and physical therapy before you understand what the future treatment will look like.
Kentucky’s longer statute of limitations gives parents more time to ensure they receive all the treatment they need. However, we still recommend discussing your case with a lawyer so you can begin preparing for the lawsuit and protecting evidence in your case. It is also important that you do not sign a settlement agreement with an insurance company before speaking to a lawyer.
Damages Available in a Kentucky Child Personal Injury Case
If your child has become seriously injured in a preventable accident, your medical bills are probably mounting up. Even if you have decent health insurance, you may face expensive deductibles and need to pay for treatments not covered by your insurance. Many parents have to take significant time off work or even quit their job to care for their injured child. Pursuing damages through a personal injury lawsuit can help families recover the following types of damages:
- Compensation for the pain and suffering of the minor child
- Compensation for the current and future cost of medical care, including home care, medical devices and prescriptions, physical therapy, and durable medical equipment
- Compensation for permanent injuries
- Compensation for the child’s future loss of wages or inability to make a living
- Loss of consortium when the child dies from his or her injuries
- Punitive damages are available in cases in which the defendant acted intentionally, recklessly, or outrageously, causing the child’s injuries. Courts can award additional compensation in the form of punitive damages to punish the at-fault party and warn others not to engage in similar behavior.
Why You Need an Experienced Lawyer on Your Side
Coping with your child’s injury can be overwhelming, and the thought of filing a lawsuit may seem like too much to handle. We understand how difficult it is for parents to help their children recover from preventable accidents. Speaking to an attorney can help you understand your legal rights. At Hessig & Pohl, we are dedicated to obtaining justice for child personal injury victims and their families throughout Kentucky.
Our lawyers have extensive trial experience, and we prepare every case as if it may go to court. We also have the financial resources to thoroughly investigate your case to gather evidence demonstrating that the defendant or defendant’s negligence caused your child’s injuries. If you are concerned about paying to work with a child injury lawyer, we provide free case evaluations. If we decide to work together on your case, you will not have to pay us until we successfully obtain compensation for you and your family.
Get a Free Case Review Today
At Hessig & Pohl, our child injury lawyers understand how devastating it can be for your child to become injured in a preventable accident. We have experience representing child personal injury victims and a proven track record of successfully obtaining compensation. Obtaining compensation could help you and your family significantly and help you provide for your child. If your child has been injured because of another party’s negligence, give our skilled personal injury lawyers a call today to schedule your free case evaluation.
Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.