Keeping your child safe is always high on your list of priorities, but accidents still happen. Realizing your child has been injured in an accident that could have been avoided is deeply upsetting, and you will naturally want to do everything possible to help your child recover.
Once your child has received the immediate medical care they need, consider reaching out to a Lancaster child injury lawyer. Our compassionate personal injury attorneys at Schiller & Hamilton could help you hold the responsible parties accountable for your child’s injuries. Working with a seasoned legal professional could greatly improve your chances of succeeding in your case.
Common Types of Childhood Accidents
Children can become injured in many different types of accidents. Some of the most common accidents that occur during childhood include:
- Dog bites
- Car wrecks
- School bus accidents
- Bicycle crashes
- Defective product accidents
- Medical malpractice
- Amusement park accidents
- Swimming pool accidents
Children are arguably at greater risk for serious injuries because their bodies are still developing. Any severe injury sustained during childhood could lead to developmental problems or life-long medical conditions. A skilled lawyer in the area could help parents understand their legal options after their child is injured in an accident.
Pursuing Compensation in a Legal Claim in Lancaster
Parents have the right to seek compensation for damages resulting from their children’s injuries. A plaintiff might pursue compensation for economic damages such as:
- Emergency medical expenses
- Costs of ongoing medical care
- Prescription medication costs
- Cost of medical devices
If the child becomes mentally impaired after the accident, their parents can request permanent disability if the child will be unable to hold a job in the future. Other common types of non-economic damages include loss of quality of life, psychological trauma, pain, and suffering.
Potential Obstacles to Recovering Compensation
As per state law, there is a legal deadline for filing a personal injury claim. This deadline is known as the statute of limitations. Generally, the statute of limitations is three years from the date of the accident. Although, there are certain exceptions in child injury cases. It is best to speak with a lawyer familiar with the laws governing accident cases involving injured minors.
Negligence Laws for Child Injury Cases
Under the modified comparative negligence law, injured adults cannot claim compensation if they were 50 percent or more at fault for an accident. However, children’s brains are still developing, and minors do not have the same reasoning skills as adults. Consequently, children cannot bear partial fault in accident cases, even if they were trespassing.
For example, if a child suffered injuries after trespassing in an unfenced swimming pool on another person’s property, the owner becomes liable. The parents could pursue a child injury claim with the help of a lawyer in Lancaster.
Talk With a Lancaster Child Injury Attorney Right Away
No parent wants to find out that their child has been harmed due to another person’s reckless actions. If you are in this unfortunate situation, contact a Lancaster child injury lawyer today. The legal team at Schiller & Hamilton could support you throughout the legal process and help you seek compensation for your family’s losses. Call us today to schedule a free consultation.