As a parent, you would do anything within your power to protect your child from injury. Of course, it is impossible to prevent all injuries, especially when your child is in the care of someone else. If your child was injured due to the negligence of another person, you may be entitled to compensation.
A child injury lawyer servicing the Lafayette area may be able to help. In the aftermath of your child’s injury, the last thing you should have to worry about is navigating the world of insurance claims or legal filings.
Child Injury Accidents
Some injuries that affect children are more traumatic than others, but if they occurred due to negligence of a third party, you may be entitled to compensation. Below is a list of situations in which a child could be injured, and a negligent party could be held responsible.
- School or school bus injuries: If an injury occurred due to a lack of supervision, this may constitute negligence on the part of the school, teacher, bus driver, etc.
- Injuries from toys or products: If a product is marketed to children, it should be safe for children. If an age-appropriate product or toy has caused your child to be injured, it is possible the manufacturer is negligent. This may include choking hazards, defective products, and more.
- Daycare injuries: If your child has been injured while in a daycare facility, this may be cause for a lawsuit. The daycare is responsible for the safety of your child while in their care. If the company does not exercise due care, it may be guilty of negligence.
- Dog bite injuries: A dog owner is responsible for protecting others from their pet. If your child has been bitten by a dog that was off their leash, the owner could be held responsible.
- Water park and theme park injuries: Water parks and theme parks can be dangerous places for children. It is crucial that key safety protocols are followed by all employees. If your child was injured due to the negligence of a park or their employees, you may be eligible for compensation.
- Pool injury: Pools are subject to local codes. If a pool is not compliant or not maintained properly and your child suffers an injury because of this, it may be negligence.
In some circumstances, it is possible that there are multiple liable parties for your child’s injury. A Lafayette child injury lawyer can help answer your questions and get you on the right track.
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What to Know About Child Injury Lawsuits
Child injury cases are heartbreaking. Seeing a young person injured because of another’s negligence is a tough thing to go through. Just like every child, every case is different. However, there are some important facts to remember that apply to many child injury lawsuits.
- Parents often assume that if their child had an accident, it was because the child was being clumsy, playing around, or not listening. In many cases, parents are not aware they could file a suit. However, it is important to hold accountable any negligent parties. Do not be too quick to forgive or accept your child’s role in the injury.
- As all parents know, children are emotionally sensitive. Unfortunately, traumatic experiences often stick with a person throughout their life. If an injury has had an emotional impact on your child, you may be eligible for additional compensation.
- Compensation is paid either to the guardian of the victim or awarded to the victim when they are of age. For most cases in which expenses were covered by the parent or guardian, that guardian will receive the compensation on the minor’s behalf.
- Compensation for child injury cases can be somewhat lower than adult injuries. This is because children do not have income. If a child is proven to be injured in such a way that may reduce their earning capacity in the future, this may increase the compensation paid out.
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Don’t Worry About Costs
Laborde Earles Injury Lawyers handle these kinds of cases on a contingency basis. Additionally, you will receive a case review and have your questions answered at no cost to you up front. You’ll only need to pay a fee if your lawyers win your case or there is a settlement.
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File as Soon as You Can
A statute of limitations is how long you have from the time of an event to file a lawsuit. In Louisiana, CC Art. 3492 states that you generally have one year to file this kind of suit. While this is true in most cases, accidents causing permanent damage or involving minors may have exceptions.
In child accident cases, the one-year statute of limitation in Louisiana does not begin until that child turns 18. Though this gives you more time to consider your options, it is important not to wait.
Acting quickly while the information and memories are fresh in your mind can be beneficial. Things like security video, visitor logs, and other documentation may be harder to find or even erased after a long period of time. The memories of any witnesses may also fade. While the statute of limitations is extended for minors, it’s always a good idea to act fast to ensure evidence is accessible and accurate.
A Lafayette child injury lawyer may be able to help you get started. The sooner they can start, the better chance they have to gather evidence and build your child’s case. A Lafayette child injury attorney can help you decide if you have a case, when you should file, and your best steps to take.
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Get Your Free Case Review Today
As a parent, you never want to hear that your child has been injured. Of course, accidents do happen, and a child injury lawyer servicing Lafayette may be able to help.
If your child has been injured due to reckless or negligent behavior by another person, contact Laborde Earles Injury Lawyers. Even if you are unsure whether you have a case, let our team answer your questions today. Contact us for your free consultation.
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