No injury is ever welcome, but injuries to children can be especially difficult. When another person causes the child’s injury, there can be mental and emotional effects in addition to physical harm. The process of receiving compensation for the injury can be more difficult than for adults as well because the injured child may have a harder time understanding how to speak up for themselves or explain how the injury occurred when they do.
Because of this, a skilled Dover child injury lawyer can be particularly valuable after an incident. At Doroshow, Pasquale, Krawitz, and Bhaya, our trusted personal injury attorneys understand that, for a child, the process of being involved in a lawsuit may be just as traumatic as the injury itself and may be able to help manage the process to minimize the emotional stress placed on the child while still seeking to fully protect their legal rights. Call today to learn more.
Common Injuries to Children
Some of the most common ways that children sustain injuries are the same as for adults. This includes car and truck wrecks, pedestrian and bicycle crashes, dog bites, slips and falls, and more. There are also certain situations where children commonly experience injuries that are unique to their age group, including injuries from:
- Swimming pools
- Sports accidents
- Defects in cribs, car seats, or toys
- Improper care and attention at school or childcare facilities
- Medical malpractice, particularly during the birthing process
An attorney in Dover who has experience handling common situations where children are injured can help tailor the legal process to the child, instead of treating them in the normal context of injuries to adults.
Deadlines to File Child Injury Claims
Delaware requires that lawsuits related to an injury must be filed within certain periods of time after the injury occurs. These deadlines are called “statutes of limitation,” and if an injured person does not file their claim before the statute of limitation expires, their options to recover will be very limited.
The deadline that applies depends on the legal theory employed and the type of injury for which the plaintiff is trying to recover. Because these deadlines can vary widely depending on the context, the best course of action is to consult with a Dover attorney experienced in child injuries as soon as possible after an incident occurs.
For example, a plaintiff must file a suit that results from a car wreck or a defective product within two years from the date they received the injuries, in accordance with Delaware Code Title 10, §8119. For injuries that stem from medical malpractice, however, Delaware Code Title 18, §6856 provides that the general two-year period can in some cases be extended for another year if the injury could not have been discovered within the normal deadline.
Additionally, the rules can be different for injuries to children, such as in a claim for medical practice, Delaware Code Title. 18, §6856 further provides that, even if the above deadline has expired, if a child under the age of six receives an injury, they will have until at least until their sixth birthday to file a malpractice claim.
Seek Help From a Child Injury Attorney in Dover
When your child is hurt, they deserve to receive compensation for their injuries from the people who caused the situation. The child also deserves to be protected from the normal stresses and challenges of a lawsuit to the extent possible. A Dover child injury lawyer from Doroshow, Pasquale, Krawitz, and Bhaya can help ensure your child is treated with care and respect, in addition to protecting their legal rights.
Call today to schedule an initial consultation.
