When a party’s negligence results in damage or injury to another party, we regard it as personal injury. Each year millions of people get injured. Sometimes the injuries are even fatal. The most common personal injuries include motor vehicle accidents, medical malpractice, workplace accidents, wrongful death, domestic abuse, premises liability, and products liability.
Dealing with personal injury cases can be even more complex when children are involved. While dealing with personal injury cases in Greenville, SC, the lawyer will go through the previous data available for the local area. After considering all the factors surrounding the claim, they will determine the best and most reasonable amount of compensation.
According to the Centers for Disease Control and Prevention, up to 150 children reach emergency departments of the hospitals in the U.S. every hour. These are the children who become victims of crash injuries. In addition, more than 1,300 children come to the emergency departments after non-fatal assault injuries. Hundreds of poisoning, drowning, and burning cases are reported every other day.
Child Personal Injury Cases:
Children are more susceptible to meet injuries as compared to adults. During deliveries, infants can suffer injuries due to negligence and poor handling of medical equipment. Harmful medication given to mothers may adversely affect the infant’s health during pregnancy. Kids can meet accidents at parks and in swimming pools. They can be victims of car accident injuries. Besides these, hundreds of products claim to be children-friendly but are harmful.
Children are more vulnerable to injuries, given the size and fragility of their bodies. These injuries do not only have a long-term medical impact but can also be traumatizing for the victims. Any monetary compensation cannot make up for the pain and suffering, but such cases should be filed to prove that the defendant was responsible for the victim.
Filing a Child Personal Injury Cases in Greenville, SC:
The U.S. law gives parents or legal guardians of the injured children the right to file personal injury cases in Greenville, SC. Victim children or infants are too young to pursue a lawsuit independently. So their adults are allowed to make a legal claim on their behalf.
Most personal injury cases related to children usually involve the legal theory of negligence. This theory involves proving that the defendant owed a responsibility towards the victim, which they heavily breached, resulting in the child’s injury.
Moreover, there is a strict window of the time frame within which the lawsuit is required to be filed. The statute of the time limit may vary according to the laws of the specific state or country. In most states, the parents must file a legal claim within two years from the accident causing the personal injury occurred. However, the time frame for wrongful death claims might differ from other personal injury lawsuits.
Compensation for A Child’s Personal Injuries:
Many people think they should receive the compensation they believe the case is worth. But this might not be the case. The claim is analyzed through various considerations. When the lawyer inspects the elements of the case, they come up with a reasonable and fair condition which the court might also accept. The amount of money a legal representative explains often depends on the severity of the injury, distress caused by the accident, loss of income due to the incident, and other similar concerns. However, if the client is not satisfied with the money offered, they may look for a second opinion.
The victim might receive compensation for the property damage, medical expenses, wages lost during treatment, and the expenses for burial and funeral in case of wrongful death. The charges for the pain and suffering are not quantifiable, but the judge might also propose a figure for such damage. If the parents or guardians of the victim recover the money, the funds received may be held for the benefit of the injured child.
Parents who need assistance in pursuing a claim on their child’s behalf may need to contact a professional injury lawyer. The lawyer will explain the child’s rights and whether a viable claim exists. They can help the parents or the guardians protect their child’s legal rights.
When pursuing a case for personal injury, numerous mistakes can result in a loss on the victim’s end. Legal technicalities may occur. So one might need to be careful while selecting the attorney. You can reach Hernandez & Cabra for such consultations. Speak to an experienced attorney who will help you file personal injury cases in Greenville, SC.