Parents do everything possible to keep their children safe and out of harm’s way. Even so, kids commonly sustain injuries. They usually heal and bounce back quickly, and nobody is at fault for the accident.
However, when accidents occur because of another person’s negligence, civil laws provide specific protections, allowing the plaintiff to recover damages from the liable party. Schedule a consultation with an experienced Clermont child injury lawyer for more information and help with your case. A personal injury attorney is ready to protect your family.
Common Child Injury Lawsuit Causes
Some of the most common child injury lawsuits happen after the following situations:
- Motor vehicle collisions caused by negligence
- Swimming pool accidents
- Dog bites and animal attacks
- Poison injuries
- Defective products, including toys and children’s clothes or furniture
- Playground accident injuries
A lawyer in Clermont could determine if a particular child injury constitutes legal action.
Compensation for Child Injury Civil Actions
The compensation for child injury cases will depend on the case’s unique circumstances. The court will consider the extent of the minor’s injuries, how they will affect them in the future, and the defendant’s actions that caused the incident. After proving the defendant is at fault for the accident and injuries, the court may award compensation to cover the following expenses:
- Healthcare expenses, including emergency room visits, surgeries, medical equipment, and prescriptions
- Ongoing medical costs for injuries related to the accident, including psychological care if necessary
- Loss of pay and benefits if a parent or guardian must stay home to provide care for the child
- Pain and suffering
- Emotional pain and anguish
- Permanent scarring and disfigurement
The civil court awards monetary damages to replace the value of injuries and cover the plaintiff’s financial and subjective losses. The award for damages typically falls within two categories, including economic or out-of-pocket expenses and non-economic or personal and emotional injuries. A child injury attorney in Clermont could create a demand package that accounts for all losses.
The Statute of Limitations in Child Injury Cases
Civil legislation sets an expiration date for filing a claim for damages after suffering injuries because of another person’s negligence. Under Florida Statutes § 95.11, the petitioner has four years from the day of the accident to begin legal action. However, there is an exception for cases involving minors.
When lawsuits include children under 18, the time starts on their 18th birthday and expires when they turn 22. While the statutes allow the plaintiff in child injury cases to wait, it does not require them to delay filing the claim. The minor’s parents or guardians may commence legal action on their behalf.
When filing a claim on the child’s behalf, parents have four years from the day injuries occurred. The discovery rule allows for another exception if the plaintiff does not know they sustained injuries immediately. The statute’s clock begins running the day they reasonably discover the damages. A lawyer in Clermont could prepare the child injury case and handle the legal filings on the plaintiff’s behalf.
Meet With a Knowledgeable Child Injury Attorney in Clermont
Parents and guardians cannot be with their children to protect them at all times. Therefore, they depend on caregivers or schools to keep them safe when they cannot be there themselves.
When your child sustained severe injuries due to another person’s carelessness, you could have the right to hold the liable party financially accountable. Schedule an appointment with a diligent Clermont child injury lawyer to begin preparing your case.
