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Know Your Rights: What Child Injury Attorneys in Knoxville Want You to Know

It can be hard to think straight when your child suffers. It’s perfectly natural that your irrational desires, like reversing birth injuries or wishing the car accidents had happened to you, overwhelm your more rational thoughts. However, there are some things that you should remember as you start dealing with the results of the pain and suffering that child injury attorneys in Knoxville want you to know.

A Signed Waiver May Not Matter

Many organizations require a signed waiver for your child to participate in trips or experiences. As the parent of a child 17 or younger, you are legally required to sign for your child, and you may feel that, if an accident does happen, your child cannot seek the help of a law firm as a result. In many cases, however, this is not so. 

A waiver may not be legally binding if the responsible party was acting negligently towards your child and resulting in an injury. For instance, even if you sign a waiver for your child to go on a field trip to Oak Ridge, the person who had child custody cannot rely on the waiver if they left your child unattended. Don’t let an arbitrary sheet of paper hold you back from defending your child’s rights. Call trustworthy child injury attorneys in Knoxville.

The Property May Be an Attractive Nuisance

Every property owner has a legal responsibility to ensure the safety of their premises. If your child was injured on someone else’s property, it’s usually fairly straightforward: Look for what caused the accident, and determine if the owner was handling the hazard responsibly. For example, in the case of a wet floor, a wet floor sign would be enough to absolve the owner of any responsibility. But what happens if your child gets hurt while trespassing?

In some cases, you may be able to claim the attractive nuisance doctrine. This doctrine states that certain structures are attractive to children and that property owners should take active steps to prevent trespassing children from accessing them. Some attractive nuisances may be pools, holes, machinery, abandoned buildings, amongst others. Injury attorneys at a trusted law office like Wettermark Keith will be able to help determine if this doctrine applies to your Knoxville, Tennessee child injury case.

Your Child Has Rights

Just because your child is under 18 doesn’t mean they don’t have rights. In fact, in many ways, the responsibility of the guilty party is heavier because the child cannot claim they had much of a duty to take care of themselves. However, as a minor, they must rely on a parent or guardian to file the case for them, often with the help of a personal injury lawyer.

Your family doesn’t deserve to suffer burdensome medical bills and your child’s injury or wrongful death. Turn to one of our family law attorneys by filling out the contact form below, scheduling a toll-free consultation call with someone in your practice area. Our child injury attorneys in Knoxville will walk you through the process of securing the settlement your family needs.

Frequently Asked Questions

In Tennessee, the statute of limitations for filing a personal injury claim, including a child injury claim, is generally one year from the date of the injury. However, for injuries to minors, the statute of limitations is tolled, meaning it does not begin until the child turns 18. This typically gives minors until their 19th birthday to file a claim.

In a child injury case, various types of compensation, known as damages, can be sought. These may include medical expenses, both current and future, related to the injury, rehabilitation costs, pain and suffering, emotional distress, and loss of future earning potential. Additionally, parents may be able to seek compensation for any expenses or losses they incurred as a result of their child's injury.

Yes, in a child injury case, you may be able to seek compensation for your child's emotional distress. Emotional distress damages are intended to compensate for the psychological impact of the injury, such as anxiety, depression, or post-traumatic stress disorder (PTSD). These damages are often awarded in addition to compensation for physical injuries.

In child injury cases, attorneys often work on a contingency fee basis. This means that the attorney only collects a fee if they are successful in obtaining a settlement or judgment on behalf of the child. The fee is usually a percentage of the amount recovered. Additionally, some attorneys may offer a free initial consultation to discuss the case and explain their fee structure. It's important to discuss fees and payment arrangements with your attorney before proceeding with a child injury claim.

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If you or a loved one have been injured and think you might have a case, call us now for a free consultation.