If a child is involved in a traumatic incident such as a sports injury, a medical mishap, failure of medical treatment or motor vehicle accident, and he suffers catastrophic injuries, the parents should consider whether there has been negligence.
Determining if there was a negligent party and pursuing a potential claim could provide funding for the care of the child and provide compensatory damages.
To be clear, not every injury arises from negligence and in many cases there is no person liable.
Legal consultation is crucial to evaluate the circumstances to make sure there is or is not a viable claim, particularly if the mishap is medical.
How negligence is determined
Here are some compelling reasons why a parent should explore the possibility of negligence where there are significant injuries to a child or, for that matter, any person.
- In almost all cases, a lawyer will charge no fees for this preliminary opinion.
- In a medical negligence matter, the cost of pursuing a case may be restricted to disbursements.
- Only a lawyer can determine whether someone is legally liable.
- The parents may cause or contribute to an accident. In these cases, insurance may be provided to the child.
- In motor vehicle cases there is insurance coverage for medical rehabilitation and other benefits without proof of liability or negligence.
- In sports injuries, especially with young children, the supervision or defective equipment may have contributed.
- The premises or area in which the child suffered the injury may have been unsafe.
- In some cases, another person’s child could be liable through her parents. For example, where a parent gives a child a dangerous toy, such as a slingshot, and causes harm.
- School authorities could be liable based on available playground equipment or staffing at the time of the accident.
- In medical negligence, a family doctor could be responsible for failure to diagnose and treat or refer an injury to another physician or specialist.
- Hospitals and its physicians can prematurely discharge an infected child causing further catastrophic injury.
- There could be many other factors that are relevant and a skilled lawyer can assist with determining whether a cause of action exists.
The more serious the injury the more valuable an expert’s opinion can be.
