A child injury lawyer could help with your case in many cases. Any personal injury lawsuit has the potential to be complex, and there are unique challenges that come with seeking compensation on behalf of an injured minor. Thankfully you are never obligated to seek compensation for your child’s injuries on your own.
An attorney could provide you with the support needed to maximize your child’s financial compensation. Their assistance could benefit the case from start to finish and fight against an unfortunate outcome.
Calculating Compensation For an Injured Child Can Be Difficult
Evaluating any personal injury claim is possible, but it can be particularly complicated when seeking compensation for a child’s injuries. Part of putting a monetary value on a child’s injury case involves understanding an injury’s long-term effects.
Because a child could have decades of their life remaining, estimating their financial needs due to an injury or disability can be challenging. Likewise, the calculations for determining the future earnings a child could have missed out on are also complicated.
Making a mistake with these calculations could leave your child without the means they need to thrive in the future. A Florida personal injury lawyer could assist with these calculations and advise you on what a case might be worth.
The Statute of Limitations are Different For Minors
In Florida, the statute of limitations is governed by Florida Statutes § 95.11(3)(a). Typically, a person has four years to pursue a civil lawsuit based on a negligence claim. Common negligence claims could involve anything from a slip and fall accident to a motor vehicle collision. This deadline to file a lawsuit is shortened to two years in cases of medical malpractice.
The statute of limitations is different when minor children are involved. A minor generally has up to seven years from their injury to file their lawsuit. However, a parent or guardian could pursue a claim for compensation on their behalf before that period expires. Your attorney could help parents weigh these options and make the right decision for their child.
Fault Is Often Disputed in Child Injury Cases
The fact patterns involved in child injury cases are often very different compared to injury cases involving adults. While children can suffer injuries in car accidents under other common scenarios, their curiosity often leads to accidents uncommon for adults. For example, children are more likely to be involved in accidents involving empty swimming pools or unchained dogs than adult cases.
Because of this, liability is often disputed in cases involving childhood injuries. To ensure your child has the best chance of recovering compensation, you could seek out legal counsel to develop a strong theory of negligence.
Your Attorney Could Negotiate on Your Behalf
Even when fault is not an issue, insurance companies might not treat you fairly when trying to resolve your child’s injury case. Insurers prey on parents trying to settle their child’s injury case without the guidance of your attorney.
Insurance companies reaching out immediately after a child is injured to settle the case for pennies on the dollar is not unusual. A settlement offer that might seem reasonable at the time could prove to be lacking in the years to come, though.
Your Representative Can Advise You About Fair Offers and Protect You
A lot goes into settling a personal injury case with an insurance company. The insurance carriers know that, so they carefully train their adjusters to resolve these cases for as little as possible. Your attorney could review your child’s medical bills and other records before advising you on the potential compensation your family might be entitled to recover.
Having a thorough understanding of the value of your child’s claim could allow your attorney to negotiate from a position of strength. In many cases, preparing as if your child’s case is certain to go to trial could push the insurance company to make a reasonable settlement offer. Your attorney could give you important insight into whether an offer is reasonable or if it falls short of your child’s lifetime needs.
Talk to an Attorney’s Team to Learn how They Could Help
Child injury lawsuits can be difficult for a parent. In addition to coping with the injuries your child has suffered, managing the complex details of an important civil lawsuit is necessary. To give yourself the space you need to focus on your child’s health, it could be in your best interest to work with an attorney.
If you still have questions about how a child injury lawyer could help with your case, Chalik & Chalik Injury Lawyers are ready with the answers. Call (855) 529-0269 for your free consultation today and to learn how we could help. Our team can help if a vehicle hit your child or your child suffered a birth injury from negligence.