As parents, we want nothing more than to keep our kids safe. Unfortunately, no matter how diligent we are, accidents can and do happen. If your child was hurt in a motor vehicle accident, a slip and fall, a bike accident, or another type of accident, you might be wondering what your rights are – and how you can get justice for them.
Generally, if your child’s injuries were caused by another person, then you can file a personal injury lawsuit on their behalf. Through this type of claim, you can recover financial compensation for their medical bills, mental and physical pain and suffering, emotional distress, and other losses. As a parent, you may also be able to seek money for your own lost wages if you had to take time off of work to take care of your child after their accident.
At Johnstone & Gabhart, we advocate for children and their families who have been hurt in all types of accidents. Our Charleston child injury attorneys offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a West Virginia personal injury lawyer, reach out to our law firm today.
Common Child Injuries
When you became a parent, you probably spent a fair amount of time researching the best and safest options for things like car seats, cribs, and strollers. Despite your best efforts, it is still possible for your child to suffer a serious injury.
According to the Centers for Disease Control and Prevention (CDC), child injuries are incredibly common. In fact, a child is treated in an emergency department for an injury every 4 seconds in the United States. Some of the most common causes of non-fatal pediatric injuries include:
- Motor vehicle accidents: approximately 150 children between the ages of 0 and 19 are treated every hour in emergency departments for crash-related injuries.
- Suffocation: accidental suffocation or strangulation may occur unexpectedly while an infant sleeps or due to the improper use of infant sitting devices like car seats for sleep.
- Drowning: drowning in a pool, bathtub, or other body of water is the leading cause of accidental death for children between the ages of 1 and 4.
- Poisoning: children may be poisoned by household cleaners and medicines.
- Burns: younger children are often burned through contact with hot liquid or steam, while older children are more likely to be burned by direct contact with fire.
- Falls: falling from playground equipment, high places, or even off of a bike or a scooter is the most common cause of nonfatal injuries for kids between the ages of 0 and 19. These falls may happen at schools, loved ones’ houses, or at parks.
- Violence: approximately 1,300 young people are treated in emergency departments each year for nonfatal injuries related to assaults.
- Dog bites: dog attacks are a leading cause of emergency room visits for children in the United States. Dog bites are most common in children under the age of 9.
If your child was hurt in an accident, they may suffer serious – or even fatal – injuries. This includes both physical as well as emotional trauma. Their injuries may include broken bones, traumatic brain injury, spinal cord injuries, cuts and lacerations, internal organ damage, and strains and sprains.
Making sure that your child is safe and that they get prompt medical treatment should be a top priority. When you can do so, you can then consider reaching out to a Charleston, WV child injury lawyer to discuss your options for pursuing a legal claim against the at-fault parties.
Can I File a Lawsuit If My Child Was Injured?
If your child was hurt in an accident, you may be able to file a lawsuit against the at-fault party. Depending on what happened, this claim might be brought against another driver, a property owner, a school, a bus company, or another party.
Typically, personal injury claims are based on a theory of negligence. This legal standard means that a person failed to use the level of care that a reasonable person would use in a similar situation. Another way to look at negligence is that it is a form of carelessness.
For example, if your child was struck by a distracted driver while crossing the street, the driver was likely acting negligently when they failed to pay attention to the road. If your child was hurt by a piece of damaged playground equipment, then the owner of that playground may be responsible for their negligent failure to maintain the playground or warn others about known risks.
In some cases, a personal injury case is based on intentional or reckless conduct. The most common example of this is a drunk driving accident. However, there may be other situations – like intentionally assaulting another person – that fall into this category.
Personal injury claims typically start with a free initial consultation with a West Virginia personal injury law firm. During this appointment, you will have the opportunity to tell your story. Your Charleston child injury attorney will then offer you legal advice on your rights and options for pursuing a legal claim.
If you decide to move forward, your lawyer will get to work researching case law, investigating the facts of the case, and analyzing any insurance policies. They will then draft a demand letter to the at-fault party’s insurance company. The insurance company will perform its own investigation and then will usually respond with a counteroffer.
Most personal injury cases are resolved outside of the courtroom. However, it may be necessary to file a lawsuit to preserve your legal rights. Filing a lawsuit does not mean that your case will go to trial.
In West Virginia, personal injury lawsuits must be brought within a period known as the statute of limitations. Typically, you must file a lawsuit within 2 years of the date of the accident or injury to preserve your legal rights. However, because children don’t have the legal capacity to bring a lawsuit on their own behalf, the statute of limitations is extended to 2 years after they reach the age of 18 (or no later than 20 years after the accident or injury).
There are special rules for filing a personal injury claim against a government entity – such as a school. Generally, you must file a lawsuit against a political subdivision within 2 years. If a child is under the age of 10 when the injury occurs, then the statute of limitations can be extended to the child’s 12th birthday. An experienced Charleston child injury attorney can help you navigate the process of filing a claim against a school district, city or town, bus company, or another governmental entity.
Of course, even though the statute of limitations is longer for child injuries, there are good reasons to file a claim sooner rather than later. Over time, witness memories may fade and evidence may be lost. If you want to increase the likelihood of a full recovery, then it is typically better to file a claim sooner rather than later.
If your child has been hurt in any type of accident, we can help. Reach out to our law offices today to schedule a free consultation with a member of our legal team.
Compensation in a Child Injury Case
In a personal injury case, you may be able to recover financial compensation to pay for the injuries that you suffered. This is known as compensatory damages, which include both economic and non-economic damages. In some cases, you may also be able to seek punitive damages to punish a person who acted intentionally or recklessly.
Economic damages pay for direct financial losses. In a child injury case, this may include money for property damage (such as a bike crushed by a car in a bike accident), medical bills, and future medical treatment. In addition, parents might seek compensation for their own lost wages.
Non-economic damages pay for intangible losses. Examples include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. These damages can be harder to put a number on, but they are just as important as economic damages.
Finally, punitive damages may be awarded in cases involving intentional or reckless conduct, like a drunk driving accident. These damages are meant to penalize a wrongdoer. In West Virginia, punitive damages are capped at the greater of $500,000 or 4 times compensatory damages.
The best way to get maximum compensation for your child’s accident is by working with an experienced Charleston child injury lawyer. Our law firm will fight for your right to a fair settlement and help you achieve a measure of justice.
Help for Injured Children and Their Families
Seeing your child injured can be devastating. In the aftermath, you may not know what to do – or where to turn for assistance. Our law firm is here for you.
At Johnstone & Gabhart, we are fierce advocates for accident victims throughout West Virginia. We handle all cases on a contingency fee basis, so there is never a fee unless we recover money for you. To learn more or to schedule a free consultation with a Charleston child injury lawyer, give us a call at 304-343-7100 or fill out our online contact form.
