Those that cause injury to a child should be held responsible for their actions. As a parent or guardian, you might how to hold them accountable. If your child was injured due to another person’s negligence, you could benefit from contacting a qualified injury attorney. A Gilbert child injury lawyer could review your case and help you determine your best options moving forward.
While there are many different situations that a child injury claim might arise from, each claim follows a similar process. The first event that occurs in a civil claim is the injury. For example, if someone committed civil wrong, but the child suffered no injury, there would not be an actionable case. Once harm has been suffered, the parents, on behalf of their child, could either file an insurance claim, if applicable, or they could threaten to sue the responsible defendant.
Settlement negotiations allow both parties to settle the dispute before it goes to court. A child injury attorney in Gilbert could assist plaintiffs in the settlement process, from drafting and submitting a demand letter, to negotiating with opposing counsel. If no settlement is reached, the plaintiff may file their cause of action with the court.
Personal injury plaintiffs have two years from the date of the injury to file their claim against a private entity, and within 180 days against a government entity, according to Arizona Revised Statutes §12-821. Children might have the ability to suspend or “toll” the statute of limitations. Tolling exceptions allow child plaintiffs to push the filing deadline to begin the day of their 18th birthday.
Plaintiffs may seek economic and non-economic damages for their child’s injuries. These damages are set by a court to reimburse the plaintiff for the losses they have endured concerning their injuries. Economic damages reimburse plaintiffs for medical bills, out-of-pocket expenses, and other monetary losses incurred. Non-economic damages might include compensation for emotional distress, as well as pain and suffering endured by the child.
There are some instances where parents may recover damages for emotional distress under what is known as the “bystander theory.” Parents who witness their child suffer a serious or fatal injury that results from another’s negligence might recover damages. An attorney in Gilbert experienced with cases dealing with harm to minors could help plaintiffs assess what damages are appropriate for their case.
Serious injury to your child could be a traumatic experience for the whole family. In addition to the emotional toll, you could be facing unexpected financial burdens due to medical bills and time off from work to help your child.
You could hold the responsible party accountable with the help of a Gilbert child injury lawyer. They could see to it that your child gets just compensation for their injuries, and help make sure that the defendant does not commit the same harm to others. To learn more, schedule your first consultation now.