Serious injuries to children can be complicated. In addition to the difficulty of seeing the innocent in pain, traumatic injuries to children can have long-lasting effects on the child’s physical and emotional development. When another person’s negligent, careless, or reckless actions cause the injury, your child should be compensated for everything that he or she is experiencing.
A Bedford County child injury lawyer can help you navigate this difficult time. A diligent personal injury attorney at our firm will fight to hold the at-fault parties both legally and financially responsible.
Unfortunately, accidents can happen in a wide variety of places and situations. Some instances where children frequently get injured are:
Each of these scenarios may involve different types of evidence and legal issues. An experienced child injury lawyer in Bedford County can help you analyze your case and understand the path to a successful outcome.
The compensation, or “damages,” that a child can recover after an injury will depend on what sort of harm was sustained. An attorney in Bedford County who handles child injury cases can provide more information on the damages that may be likely in your specific situation. But in general, this compensation can be divided into two main types.
Economic damages are losses based on a certain dollar amount – such expenses related to rehabilitation or physical therapy, and the cost of any necessary medical equipment after the injury. You can usually prove these by providing the appropriate record, receipt, or similar documentation. Economic damages also include future lost earning capacity, such as if the child’s job prospects are diminished as a result of the injuries. This may require hiring an experienced economist to calculate the value of that future income and benefits, such as health insurance and retirement contributions.
Non-economic damages are losses where it is more difficult to assign a dollar value. These include the mental anguish and pain and suffering the child experienced due to the accident.
Cases involving children, however, have a few key differences compared to other situations. 231 P.S. § 2039 provides that the court must approve any settlement before it becomes final. The court must also approve the attorney fees and other expenses that will be paid out of the proceeds. The purpose of this procedure is to ensure that the settlement is in the child’s best interest. In most cases, the money will be paid into an account with a bank, and cannot be accessed until the child turns 18 years old. With a Judge’s permission, however, money can be accessed earlier, such as to cover education or medical expenses. This requires seeking additional approval from the court, and the submission of proof to show that the money was used for the child’s benefit.
When your child is injured, you have enough on your plate trying to help him or her recover physically, mentally, and emotionally. You should not have to bear the brunt of the financial and logistical burdens that come with traumatic injuries. Our seasoned attorneys can help you manage your child’s case, keep track of records of expenses and insurance claims, and seek to recover damages from the person responsible for the injury.
Schedule a free initial consultation with a Bedford County child injury lawyer at Marcus & Mack today.
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