Under Indiana's personal injury law, injured victims have the right to recover compensation if they've suffered injuries due to another's negligence or intentional misconduct. If the injured party is a child, they cannot bring a civil action against the at-fault party, as they do not have a legal standing to pursue claims or lawsuits.
Fortunately, parents and guardians have the legal authority to pursue personal injury claims or lawsuits on behalf of the injured child. Schuerger Shunnarah Trial Attorneys have extensive experience representing affected families and protecting their rights.
Those who want to bring legal action on behalf of their children in Indianapolis, Indiana, should discuss their claim or lawsuit with Schuerger Shunnarah Trial Attorneys. They can help assess the facts surrounding the case and guide the families on their legal options and advise on questions such as can I sue a child for personal injury?
The Common Causes of Child Injury Claims in Indiana
According to the Centers for Disease Control and Prevention, a child receives medical treatment for their injuries in the emergency department in the United States every four seconds.
Most child injuries are preventable, but the sad reality is that one child succumbs to their injuries every hour. The following are some of the common causes of a child's injury in the United States:
Dog bites
Motor vehicle accidents
Bicycle collisions
Pedestrian accidents
Medical malpractice
Assault and other forms of violence
Recreational and sports injuries
Pursuing a Personal Injury Claim on Behalf of an Injured Child in Indiana
When pursuing an accident claim or a personal injury lawsuit on behalf of the injured minor child against the at-fault party's insurance company, it is essential to establish liability by providing evidence of negligence or intentional misconduct.
Fortunately, the civil legal system in the United States does not hold children to the same legal standard as adults. If an adult trespasses on someone else's premises and suffers injuries, the law prevents them from recovering compensation.
However, if a child does the same thing, they may be able to obtain compensatory damages. This is because the law states that children may be unable to distinguish between right and wrong. In fact, it may hold the property owner responsible, as they didn't take reasonable steps to prevent children from entering their premises and getting hurt.
There are several laws that may be applicable to a claim or lawsuit brought by a parent or guardian on behalf of the child. Determining liability can be challenging, which is why it is crucial to reach out to a top personal injury lawyer.
An experienced personal injury attorney at Schuerger Shunnarah Trial Attorneys can help assess the child injury case, review the laws that may be applicable, and determine fault or liability.
Why Types of Damages Can the Parents or Guardians Recover on Behalf of Their Injured Child?
Children can recover economic and non-economic damages in most personal injury claims. However, since they're young, it may take some time to determine the extent of the injuries, any future medical care required, and the impact of the child's injury on their life.
It's important to assess the damages carefully before pursuing personal injury lawsuits on behalf of the injured children. Below are some of the most common types of damages a child may be able to obtain following their injuries:
Economic Damages
These types of damages cover all of the out-of-pocket expenses incurred following the child's injury, which includes the following:
Medical bills: This includes hospital bills, prescription medication costs, surgery fees, home modification equipment, rehabilitation and therapy fees, and other current or future medical expenses.
Lost wages: Although most children may not have an income, those who do may be able to recover current lost wages and loss of future earning capacity. Some parents may have to stay home to care for their injured children, which can adversely impact their financial situation. Under the law, they may be able to pursue lost wages.
Property damage: The law allows injured victims to recover property damage. This may not be relevant in a child's personal injury claim, but parents may be able to pursue these types of damages.
Non-economic Damages
An accident can not only cause physical injuries to a child, but it can also harm them psychologically or emotionally. A dog attack, for example, can cause serious emotional trauma, which the child may have to live with for the rest of their life.
Under personal injury law, the parents or guardians of an injured child can also pursue non-economic damages, which may include the following:
Emotional distress
Mental anguish
Reduced quality of life
Pain and suffering
Calculating the Damages in Personal Injury Cases Involving Children Can Be Challenging
Since children are young, there may be a lot of uncertainty about the impact of the injuries on the child's life. In cases involving permanent disabilities, it can further complicate the personal injury claim or lawsuit.
Calculating economic damages following the child's injuries is easier than determining non-economic damages. This is because it can be difficult to assign a dollar value to a subjective and emotional injury such as pain.
Most parents or guardians who pursue personal injury cases on behalf of their children without legal representation often leave monetary damages on the table. They don't know how to calculate compensatory damages, or the insurance company pressurizes them into taking a lowball settlement offer.
It is crucial for parents and guardians to work with a reputable law firm like Schuerger Shunnarah Trial Attorneys. Child injuries can be catastrophic, and without proper legal representation, they can affect the family and their finances.
An experienced personal injury attorney from Schuerger Shunnarah Trial Attorneys can help protect the rights of the affected party, investigate the accident, gather the necessary evidence, and negotiate a fair settlement on behalf of the injured child. They can also answer questions like Is a personal injury presettlement loan a good idea?
Let Schuerger Shunnarah Trial Attorneys Handle the Injured Child's Personal Injury Lawsuit!
Parents and guardians have only one opportunity to fight for their child's compensation, and they may face a lot of challenges along the way when pursuing a personal injury claim or lawsuit. Schuerger Shunnarah Trial Attorneys can help!
Those whose children have suffered serious injuries due to someone else's negligence in Indianapolis, Indiana, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They are ready to go to war to ensure that the injured child receives the compensation they deserve.
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