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Child Injury Lawyer

Was your child injured? Call Wettermark Keith for the best child injury lawyers in Birmingham, Montgomery, Dothan, Huntsville, Chattanooga, Knoxville, and Panama City. Our firm has excellent reputation – we have secured favorable verdicts and settlements for more than 50,000 cases, and are confident that we can help you.

Frequently Asked Questions

A child’s size and bone density makes them far more susceptible than an adult to severe injuries in an auto accident. When a child suffers an injury in a car crash, liability factors for drivers involved might include:

  • Reckless Driving – Speeding, improper turns, running red lights, and driving while impaired dramatically magnify the risks. Holding negligent motorists fully accountable is key.
  • Seat Belt Misuse – failing to properly belt children in age-appropriate restraints or use booster seats can cause them to be ejected in crashes, putting them in mortal danger.
  • Vehicle Defects – auto part makers bear responsibility if defective vehicle parts prove to have caused or worsened injuries. Our firm has access to specialized experts to assess these defects.
  • Road Hazards – government agencies must address risks like potholes, inadequate lighting, malfunctioning traffic signals, and obscured signs that increase crash risks and injuries.

In the chaos following a serious injury to your child, it can be difficult to know what to do. Having an action plan and assistance from a child injury attorney helps. Important first steps include:

  • Seek Emergency Medical Care This is the top priority after any serious injury. Call 911 or bring your child to the nearest hospital immediately to receive urgent care from doctors. Stabilizing your child’s injury quickly can drastically improve their outcome.
  • Document the Scene
  • File a Police Report
  • Contact Your Insurance Provider
  • Keep Cost Records
  • Consult an Attorney
  • Follow Treatment Instructions
  • Identify Witnesses
  • Preserve Evidence
  • Avoid Recorded Statements

Any harm causing damage or impairment to a child’s physical health or normal functioning constitutes an injury. Child injuries can range from mild scrapes and bruises to more severe, life-altering traumas. They can stem from accidents, defective products, abusive acts, motor vehicle crashes, inadequate supervision, and medical negligence. If the injury results from provable negligence or misconduct, the injured child and their family may have legal options to pursue compensation through civil action.

Due to their minor status, children cannot initiate legal action on their own behalf. Instead, a lawsuit related to their injury needs to be filed either by their parents, legal guardians, or a court-appointed guardian ad litem specifically designated to represent the child’s interests. However, the suit is pursued for the benefit of the injured minor, and any monetary compensation belongs to the child. Upon turning 18, the child gains legal standing either to take over the case from their guardians or to retain new representation.

Parents are not automatically liable for wrongful acts their minor children commit which cause harm to others. However, exceptions exist where the parents may bear shared civil liability or owe compensation. This includes situations where inadequate parental supervision or control directly contributed to the child’s behavior. Parents can also be liable for damage caused by a child wielding a dangerous item, such as a gun or knife, that the parents made accessible.

If a child is harmed due to provable negligence on the part of the school, district, or employees, the injured student and parents may have a premises liability or general negligence claim against them. Many schools have insurance coverage for such situations. However, government-run public schools are usually protected by “sovereign immunity” laws capping recoverable damages. There are nuances based on whether negligence is by a teacher, administrator, or the board. Outcomes also depend on the duty of care owed to the child and nature of the negligent act.

Yes, parents have separate legal rights even if divorced. Either parent can file a suit on behalf of their injured child to seek damages for medical costs and other injury-related expenses. This applies to the custodial as well as the non-custodial parent. However, disputes may arise between parents regarding control over the case, allocation of proceeds, etc. Typically, the parent with primary physical custody will make legal decisions for the child unless otherwise stipulated in a divorce decree. For contentious cases, a neutral guardian ad litem may be appointed by a judge to represent the child’s interests.

Child injury claims have unique aspects that set them apart from a standard personal injury case. Some of these differences include:

  • An extended time period – because the injured person is a minor, damages like loss of future income and healthcare costs must be projected out and calculated over a lifespan vs just a few years.
  • Greater levels of caution – extra care must be taken to avoid further traumatizing a child when eliciting information, having them testify, or exposing details of their injury.
  • A different statute of limitations – depending on the state where the injury occurred, the statute of limitations will differ for minors compared to legal adults. In some states, the clock to file a claim starts ticking when the minor turns 18, while in other states, the statute of limitations is extended to give the parents or legal guardian more time to file.
  • Guardianship issues – since minors cannot directly sign legal contracts, the case either needs to be pursued by a parent/guardian on their behalf or have a guardian ad litem assigned by the court.
  • The sympathy factor – judges and juries naturally feel greater empathy and are more disposed to rule favorably when the victim is an innocent child.
  • Necessary expertise – these cases routinely demand input from vocational experts, healthcare specialists, life-care planners, economists, and other seasoned consultants when building a claim.
  • Impact on government benefits – compensation from a legal case can offset or complicate obtaining assistance from the government. Some government benefits, such as Medicaid and SSI disability benefits, are based on income and assets. If a child receives a large settlement or award in a personal injury lawsuit, it may make them ineligible for these benefits.

The statute of limitations establishes legal deadlines by which a personal injury lawsuit must be formally filed or the claim is barred. For cases involving injured minors, some unique rules and exceptions apply compared to the time limits governing legal adults’ claims. In most states and jurisdictions, the “clock” governing the statute of limitations does not start counting down right away as it would for an adult plaintiff. For child injury claims, it typically only starts running when the minor becomes a legal adult at age 18. From there, the timeline to file a lawsuit often ranges from 2-4 years in many states. However, some states allow an even longer window – such as 7-10 years – if the plaintiff was a minor at the time of injury.

The key is that the clock stops ticking if a legal case is opened before the deadline passes in that particular state. This preserves the child’s ability to have their claim heard. However, if the window lapses, the right to sue is generally forfeited even if the plaintiff was a minor at the time of injury. However, the intricacies of child injury statutes of limitations vary between states. Our experienced child injury attorneys understand these nuances, and can ensure no deadlines are unintentionally missed. Consulting a knowledgeable child injury lawyer as early as possible after an incident, even if a child is very young, ensures you know exactly how long you have to file a claim should you choose to do so. Never rely on generic personal injury time limits, as the rules for children add complexity.

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