Every child deserves to grow up happy and healthy, and your job as a parent or legal guardian of a minor is to do everything in your power to make sure that happens. Sometimes, though, there is nothing that even the most diligent caregivers can do to prevent another adult’s misconduct from causing their child to suffer a serious and potentially life-threatening injury. However, that does not mean there is nothing you can do to protect your child’s best interests in this kind of scenario.
By working with a dedicated Elsmere child injury lawyer, you can take proactive legal action against everyone who played a role in causing your child harm and hold them financially accountable for the consequences of their actions. Even if you just have questions about exactly what your options are in this regard, our personal injury attorneys at Doroshow, Pasquale, Krawitz, & Bhaya can provide the answers and information you need to make the best choice for your family’s unique needs.
Holding an Adult Liable for Injuring a Minor
There are various circumstances under which adults owe a duty of care equally to everyone else around them, including and especially children. For example, motor vehicle drivers have a duty to follow traffic laws and pay attention to their surroundings. Anyone who violates that duty and causes a wreck that directly results in a child suffering serious physical harm may be liable for ensuing losses, just as they would be if they had injured another adult in the same way.
However, there are certain situations in which adults may actually owe a greater duty of care to minors than they would to adults. For instance, if a young child is able to trespass on private property and get hurt by an unsecured attractive nuisance, such as a trampoline or swimming pool, an adult could be liable. In those situations, an Elsmere attorney can potentially help you demand restitution on your child’s behalf even if you would not have had grounds to sue if you, as an adult, were injured in the same way.
What Damages Can You Recover on a Child’s Behalf?
Because young children are still physically developing and growing, they are more likely to suffer lifelong harm from a traumatic injury than a grown adult in good physical condition would be. This means that it can be especially crucial when filing a personal injury lawsuit in a child’s name to account for both short-term losses connected to their injury and for expected long-term losses they will likely experience in the years and decades to come. These long-term expenses can include:
- Costs of emergency and maintenance care, rehabilitative treatments, and assistive equipment
- Lost future working and earning capacity
- Out-of-pocket expenses for home or vehicle modifications, in-home assistance, etc.
- Physical pain and suffering
- Mental anguish and trauma
- Lost enjoyment of life
You also have a limited time to formally start a lawsuit of this nature, regardless of how long you expect your child’s injury to continue impacting their life. Contacting a lawyer in Elsmere as soon as possible should be a high priority after your child is hurt through a third party’s negligence.
Speak With an Elsmere Attorney About Your Child’s Injury
No child should ever be hurt through the misconduct of an adult, especially not by an adult who knew better than to act irresponsibly in the way they did. Nevertheless, kids all over the country get hurt under circumstances like this every day. If your family is now facing this upsetting and uncertain reality, it may fall to you as your child’s parent or guardian to seek civil restitution on their behalf.
An Elsmere child injury lawyer from Doroshow, Pasquale, Krawitz, & Bhaya can be a steadfast ally from the beginning to the end of your legal proceedings. Call today for a consultation.