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If your child was hurt because of someone else’s negligence, we handle child injury cases across Pennsylvania. Yes, if your child has suffered one or more injuries and you believe another party is to blame, you should speak with us right away. Insurance and the civil justice system may present options for justice, and we will help you understand and pursue the right option for your family.

Marcus & Mack has protected and advocated for injured children and their families since 1977. Your recoverable damages may include medical costs, long-term care for your child, pain and suffering, and other losses that you might not even be aware of yet.

What most families don’t realize until they call us: Pennsylvania law creates two separate deadlines in child injury cases. One of those deadlines governs the child’s claim. A shorter deadline governs the parents’ financial recovery. Quick action in speaking with our firm may prevent you from missing either of these all-important deadlines.

Call Marcus & Mack at (724) 349-5602 or contact us online for a free case review with a Pennsylvania child injury attorney. We’ll walk through your specific situation, your case-specific deadlines, and what the path forward may be.

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Why Do Families Bring Child Injury Cases to Us?

Child injury cases are more legally complicated than adult injury claims. Often, both the parent and the child are affected by the injury. This fact alone gives you reason to work with our Pennsylvania child injury attorneys, who handle complicated, high-stakes cases like these regularly.

We combine compassion with competence. Children need a lawyer whom they can trust and open up to, and their parents deserve the same.

Our attorneys have over 100 years of combined legal experience handling personal injury matters across Pennsylvania, including cases we take through arbitration and jury trials when insurers refuse to offer fair value. Still, it’s our ability to relate authentically to our clients (and determination to fight for them like a loved one would) that defines Marcus & Mack.

We maintain five Pennsylvania offices: Indiana, Altoona, State College, Johnstown, and DuBois. Our attorneys are a familiar presence in the Courts of Common Pleas, where these claims often unfold. We are the firm to entrust your case to, and we regularly lead child injury cases involving:

  • Car, truck, and traffic accidents
  • Dog bites
  • Playground and defective equipment injuries
  • Daycare and school negligence
  • Premises liability
  • Attractive nuisance situations, such as injuries related to pools, construction sites, and other conditions that draw children into dangerous conditions

Perhaps you recognize the cause of your child’s injuries on this list. Maybe you don’t. Either way, call us. Your free consultation is the ideal opportunity to determine if we can help you, and to get answers to the many questions you surely have (with no pressure to hire your Pennsylvania child injury attorney from our team).

What Is the Deadline to File a Child Injury Claim in Pennsylvania?

Pennsylvania law establishes two distinct, and critically important, deadlines in child injury cases. Allowing either of these deadlines to pass can cost your family compensation it cannot get back:

  • The child’s claim: Pennsylvania tolls (pauses) the standard statute of limitations for minor plaintiffs, reflecting that child victims have a limited capacity to initiate a claim or lawsuit given their youth. Once the child turns 18, the two-year statute of limitations starts. This means that the child’s personal injury claim does not begin running until they turn 18, giving them until their 20th birthday to file.
  • The parents’ claim: The parents’ separate claim, which may reflect out-of-pocket medical bills, lost income, and related parental losses, runs on the standard two-year window from the date of injury. In most cases, this means that a parent’s child injury claim is a particularly urgent matter.

It’s important to note that even though the injured child may have a valid claim until their 20th birthday, there may be no reason to wait that long. Your child’s injury claim may be strongest right now, and you should not wait to speak with us about that claim.

Some of the mistakes we see jeopardize otherwise viable child injury claims in Pennsylvania are:

  • A family assumes the minor tolling rule protects every member of the household (and the parents’ two-year window closes while the family waits)
  • Parents do not realize they have grounds to pursue their own claim
  • The family decides to “wait” to file their child’s injury claim, taking false comfort in a statute of limitations that may be years away (this approach can diminish the case’s strength and increase the risk of a missed filing deadline)

We have handled injury cases since 1977, and this deadline split remains one of the most consistently misunderstood aspects of Pennsylvania child injury law. We can make these matters simple for you by providing personalized guidance and advice.

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What Is the Timeline for a Pennsylvania Child Injury Case?

Most families have never filed a personal injury claim before. Here is a brief overview of how you might expect your case to unfold:

Step 1: You complete your free case evaluation

The process starts with a call or click. During your consultation, expect us to:

  • Review the facts surrounding your child’s injury
  • Identify all case deadlines
  • Provide you with an honest assessment of whether a viable claim exists
  • Answer your questions
  • Explain the next steps, should you choose to proceed

The consultation is stress-free because it comes at no cost and with no obligations.

Step 2: We investigate and compile evidence of negligence

Once we accept a case, we generally collect:

  • Police reports
  • Medical records
  • Witness statements
  • Any available surveillance footage
  • Any physical evidence tied to the incident

In attractive nuisance or premises liability cases, we strive to document the property conditions directly.

Step 3: We demand and negotiate

We build the child injury claim and present a financial demand to the responsible party’s insurer. Our approach is to negotiate fair settlements before filing suit, though settlements require good-faith from insurers.

Step 4: We file a child injury lawsuit, if necessary

When insurers refuse to offer fair value to a child or parent affected by an injury, we file suit and take the case through the Court of Common Pleas in the county where the injury occurred.

Step 5: A minor’s settlement may need approval

When a settlement involves a minor plaintiff, Pennsylvania requires court approval of the terms through a minor’s compromise proceeding. A judge reviews the settlement to confirm it serves the child’s interests. These are high-stakes legal proceedings that the Marcus & Mack team will handle for your family.

Step 6: Ideally, you receive your fair recovery

Because we work on a contingency fee basis, you don’t pay any fee unless we recover compensation for your family. Our percentage comes from the recovery, meaning we only receive a fee once we complete the case.

Lifelong Harm: What Are Some Common Damages in Pennsylvania Child Injury Cases?

Pennsylvania law recognizes two primary categories of damages, applicable to both child injury claims and other personal injury cases. Keep in mind that some of these damages may apply to the child, while others will affect the parent. Some of them may apply to both parent and child:

Economic damages are the calculable financial losses, such as:

  • Emergency room treatment and hospitalization
  • Surgery and follow-up care
  • Physical rehabilitation and ongoing therapy
  • Psychological counseling and trauma treatment
  • Adaptive equipment or home modifications
  • Projected future medical costs over the child’s lifetime
  • Parents’ lost income from time away from work
  • Out-of-pocket medical expenses that the family has already paid

Non-economic damages are losses that don’t typically show up on a receipt or invoice, and they include:

  • Physical pain and suffering
  • Emotional distress and psychological harm
  • Permanent disfigurement or scarring
  • Loss of enjoyment of life and developmental opportunity
  • Diminished capacity for school, relationships, or future employment

Pennsylvania does not cap non-economic damages in standard personal injury cases. This is particularly important in child injury cases, as physical, psychological, and emotional harm inflicted on a child can be a lifelong burden. Furthermore, parents of catastrophically injured children may face lifelong expenses and challenges.

To understand the compensation your family’s specific losses may warrant, call us for a free case review.

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Frequently Asked Questions About Pennsylvania Child Injury Cases

We wish it weren’t true. The fact is, though, that your child is not the first one injured in Pennsylvania due to negligence. We have consoled and informed many parents of injured children, and they often ask us:

Can I file a claim if my child was partly at fault?

Yes.

Pennsylvania’s modified comparative negligence rule permits recovery as long as the injured party carries less than 51 percent of the fault. Pennsylvania courts evaluate a child’s fault based on what a child of that specific age and maturity would reasonably do, not an adult standard. That is, a child may be afforded more grace and understanding for any “fault” they share in the cause of their injury.

What happens if the person who hurt my child has no insurance or not enough coverage?

Even when the at-fault party carries little or no insurance, your family may still have options. Pennsylvania allows injured parties to pursue uninsured motorist (UM) or underinsured motorist (UIM) benefits through their own policy in traffic-related cases, and other avenues may exist depending on the circumstances. We identify every potential source of recovery, not just the most obvious one.

What if the injury happened at a public school?

Claims against public schools fall under Pennsylvania’s Political Subdivision Tort Claims Act. These claims have shorter filing deadlines than general personal injury claims, requiring heightened urgency from parents. We ask again that you don’t wait to speak with the Marcus & Mack team, particularly if your child suffered an injury on public property.

What if my child’s injuries got worse over time, or we didn’t realize the full extent right away?

This is more common than many families expect, and it is one more reason not to delay. Pennsylvania’s statute of limitations generally runs from the date of the injury, not the date symptoms became apparent. If your child’s condition has changed or worsened, those developments are relevant to damages, but the clock for filing may already be running.

Call us as soon as possible so we can evaluate exactly where things stand.

Advice for Right Now: What Should Families Do Right After a Child’s Injury (or, as Soon as Possible)?

Here is a tidy checklist to chart your next steps:

  • Step 1: Get your child all necessary medical care (and document it)
  • Step 2: Photograph, video, and preserve everything that may relate to this case, from tattered clothing to visible injuries and video diaries detailing the child’s daily struggles
  • Step 3: Keep insurers at arm’s length, waiting to make statements or take other substantive actions until you have spoken with the Marcus & Mack team
  • Step 4: Call or contact Marcus & Mack as soon as possible

Child injuries are never easy, but we want your case to be. We meet families at home or in the hospital when travel to one of our five Pennsylvania offices is not practical. The earlier that conversation happens, the better the position your family’s case may be in.

Call Marcus & Mack for a Free Consultation With a Pennsylvania Child Injury Lawyer

The split statute of limitations, the attractive nuisance doctrine, the minor’s compromise process, and the shortened deadlines for public entity claims are just some of the complex considerations involved in your case. That’s before you consider potentially contentious negotiations, bad-faith insurance tactics, and other hazards you surely don’t want to face.

Yet, your family may be entitled to justice. You deserve hard-fighting advocates to protect your case and your peace, and that’s what we offer at Marcus & Mack.

We have handled personal injury cases across Pennsylvania since 1977. Our attorneys bring over 100 years of combined legal experience to your case. “Trust” is a word we hear often in client testimonials and feedback, and our track record of significant recoveries shows why so many trust us with sensitive cases involving child injuries. Past results do not guarantee a similar outcome in your case.

Call Marcus & Mack at (724) 349-5602 or contact us online. Let’s talk about your child’s injuries and, if you elect to move forward, fight for a fair financial recovery for your family.

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Marcus & Mack

Marcus & Mack
N/a
57 S 6th Street,
The Mitchell House

Indiana PA   15701