A New Orleans child injury lawyer can help if your child suffered an injury due to someone’s negligence. Failure to adequately protect children through carelessness, neglect, omission, or unforeseen circumstances is considered negligence and is grounds for filing a lawsuit in New Orleans.
At Laborde Earles Injury Lawyers, we know that no settlement amount can begin to make up for the injury or death of your child. But these accidents bring financial and emotional burdens that you shouldn’t have to bear alone. Let us help you during this difficult time.
We Can Help You Fight for Your Child’s Rights in New Orleans, LA
After a negligence accident involving your child, you may be able to file a legal claim against the responsible party or their insurance company. A child injury claim could help you obtain fair financial compensation for the high costs of this emergency, particularly if the accident resulted in the loss of your child.
Laborde Earles Injury Lawyers can help you file a New Orleans child injury claim and work to obtain the maximum financial compensation possible. You deserve justice for the pain and suffering you and your loved ones have experienced.
Negligence and Liability in New Orleans Child Injury Cases
Injured children sometimes suffer injury because of neglect by their elders. For example, child injury due to medical negligence could be due to poor doctor care, failed medical treatment, surgical errors, and non-compliance with medical indications, among others.
Medical negligence in children can lead to the following consequences:
- Worsening clinical picture of the child or adolescent
- Increased morbidity and fatality
- Physical injuries such as burns, dehydration, and poisoning
- Bone fractures
- Delayed weight gain
Personal injury cases involving children and adolescents can include negligence in multiple aspects of a child’s life. Situations where negligent child injury could occur include:
- Accidents in schools or daycare centers
- Mechanical damage from park equipment
- Mistreatment by babysitters
- Accidents in swimming pools
- Accidents on school buses
- Children injured in car accidents
- Bicycle accidents
- Use of defective appliances or toys
- Any other accident caused by negligence.
If your child was injured in an accident due to someone else’s negligent behavior, you should not have to deal with the financial, legal, and psychological consequences alone. The New Orleans child injury lawyers at Laborde Earles Injury Lawyers are here to help you navigate the complex legal processes so you can focus on your child’s recovery.
Child Injury by a Parent or Guardian
In addition to the above, some cases of childhood injuries are caused by the parent or guardian of the child or adolescent. These situations are handled differently. In such situations, a family member should first contact the Department of Children and Family Services (DCFS) to ensure the child is placed in a safe situation. Then, if necessary, a family member can file a lawsuit in the interests of the child.
Injuries by a parent or guardian are not always physical in nature. Negligent child injury, for example, can occur when a parent or guardian neglects the basic needs of their minor children for long enough to cause significant damage to the children’s development.
In the event of physical violence or deprivation of care on the part of parents or guardians, a judge will determine guilt and appropriate consequences in court.
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What Documents Do I Need in a Louisiana Child Injury Lawsuit?
When you file a lawsuit for child injuries in New Orleans, you must be able to provide clear evidence to prove that negligence occurred. You must also show the child was injured or died as a direct result of that negligence.
While the first step in many claim processes may be insurance negotiations, an attorney from Laborde Earles Injury Lawyers may also pursue your claim in a personal injury lawsuit before a court of law if a fair settlement cannot be reached.
Our attorneys can help you gather all the evidence necessary to win your case. To establish the validity of your claim, we will gather documents that support the economic losses you suffered, including:
- Medical reports
- Drug bills
- Costs of rehabilitation therapies
- Medical accessories
- Ambulance services
- Nursing assistance at home
- Hospitalization
Calculating Your Damages
These documents allow your attorney to accurately calculate the compensation amount you can seek for your New Orleans child injury claim. Your lawyer will use this value as a starting point to submit a demand letter to the at-fault party or their insurance company.
If the opposing party does not respond or if negotiations do not yield a desirable settlement, your attorney will use these documents to substantiate the value in a complaint to the court to pursue a child injury lawsuit.
Laborde Earles Injury Lawyers has helped thousands of clients recover child injury losses. With over 250 years of combined professional experience, our staff can help you file the claim, calculate the value of financial compensation, determine liability, and take the case to trial, if necessary.
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What Are Recoverable Damages in New Orleans Child Injury Cases?
There are many situations in which children or adolescents could suffer injury in a negligence accident, so it is impossible to predict a settlement outcome in advance. Our attorneys can, however, help you understand the legal process and determine the compensation you can seek after an unfortunate child accident occurs.
Compensation you could seek in a child injury claim includes medical bills, parents’ loss of income due to emergency, disfigurement or permanent disability, and pain and suffering. We may also use medical reports from mental health specialists to verify depression, anxiety in the victim, or loss of joy in life.
When your child is injured due to someone’s negligence, you as a parent or guardian may need financial compensation to cope with medical expenses and other associated costs. A child injury attorney can help you complete insurance claims and legal filings for comprehensive compensation.
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What to Do in Cases Involving Negligent Injury Child Death in New Orleans
Child injury victims are fragile, making child injury claims particularly sensitive for everyone involved. Wrongful death cases involving children are especially heartbreaking. While we know that nothing can replace a lost child, we can help you seek financial compensation to help you and your family cope with the financial difficulties associated with the tragic loss of a child.
Do not wait to seek legal advice in these serious negligent child injury cases. To successfully prosecute a child injury claim, you may need the assistance of a professional team of attorneys, investigators, and forensic experts who can determine negligence, establish the cause of injury, and evaluate the full value of damages associated with your child’s injury.
Louisiana Statute of Limitations for Child Injury Lawsuits
The state of Louisiana limits the amount of time you have to file a personal injury or wrongful death lawsuit. CC § 3492 allows one year from the date of the injury or death of a loved one to file a lawsuit against the negligent party. During this period, your attorney will need to gather evidence, obtain expert testimony, and negotiate with the opposing party and their insurance company.
Although a year may seem like a long time, it can pass quickly when you are worried about your child’s health and well-being. In addition, the statute of limitations can vary depending on certain circumstances surrounding your case.
Reach out to an attorney as soon as possible after the accident to provide sufficient time to build your case before the legal deadline expires. If you miss the deadline, you could lose the chance to seek compensation for the losses you sustained.
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We Are Ready to Assist You in Your Orleans Parish Case
Parents or guardians usually file a claim for child injuries when their child suffers an accident due to someone else’s negligent behavior. The costs of medical services associated with child injuries can be very high, not to mention lost income, pain and suffering, and emotional anguish.
At Laborde Earles Injury Lawyers, we understand the substantial pressure faced by the parents and guardians of injured or tragically lost children. That’s why we offer legal representation for child injury lawsuits on a contingency basis. With no advance payments or special fees, our team of professionals is at your disposal to provide the legal advice you need to defend your right to fair compensation.
Once your case is complete, we will only receive a percentage of the compensation if we win your case. Simply put, we only win if you do. You can therefore rest easy in the knowledge that we will do everything in our power to obtain a fair settlement on your behalf.
Call Today
For years, the attorneys at Laborde Earles Injury Lawyers have successfully handled thousands of child injury cases across Louisiana. Our legal team is ready to help you whenever you need us. Contact us today for a free case review with a team member.
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