If your child was injured, you are probably experiencing grief, fear, and anxiety. Some childhood injuries may impact your child for the rest of their lives, potentially requiring continuing medical care. Your child may never be the same and you may face significant medical expenses to give your child the kind of life they deserve after a severe injury.
However, with the help of a New Port Richey child injury lawyer, you may be able to pursue compensation for damages and costs when your child’s injury is the result of negligent or reckless action. A compassionate personal injury attorney could be the ally you need to fight for the monetary compensation you need and the justice you deserve.
How to Pursue Compensation for a Child’s Injuries
The law does not permit unemancipated minors to file their own lawsuits or receive compensation or monetary judgments from lawsuits, even for the harm the children experienced. Instead, a “next friend” (usually a parent or legal guardian) of the child protects their rights. If the lawsuit is successful, then the adult will also receive any compensation that is awarded and should hold such payment in trust for the child. That adult should also use the compensation awarded to provide for the child’s medical needs and care until the minor reaches 18 years of age.
Calculating Compensation After a Minor is Injured
Children and their parents may succeed in obtaining financial compensation for any expenses or harm they suffered. Because parents often initially pay for the child’s expenses, but the injury may impact the child in the future, families must consider the harm to both the parents and the child in calculating compensation. Both parties may be able to recover compensation for:
- Medical bills directly resulting from the injury
- The future medical needs of the child, including rehabilitation or therapy
- Medical assistive devices such as wheelchairs
- Healthcare assistants in the home
- Special educational needs the child may require
- Pain and suffering experienced by the child
- Wages the parents did not earn due to having to care for the child
- Future earnings that either the parents or the child will be unable to earn
Because of the vulnerability of children to injury and exploitation, punitive damages may also be available in a child injury case. Punitive damages penalize a person who either intentionally injures a child or who exhibits extreme recklessness and indifference toward the safety of a child.
Consult a Qualified New Port Richey Child Injury Attorney Today
Because of the particular legal issues surrounding child injury lawsuits, parents whose children have suffered injuries in an accident may have greater peace of mind after consulting with a New Port Richey child injury lawyer. An attorney could review the circumstances that led up to the injury accident and advise parents of who they may hold legally responsible for the harm experienced by their children. Schedule a consultation today to start working on your claim.
