As a parent, your child’s safety tends to take precedent. When a child sustains injuries for negligence-based reasons, it is natural to want to take immediate legal action. An Elgin child injury lawyer could provide vital assistance during this time.
An experienced personal injury attorney could work tirelessly for you after learning the details of the case and determining who the at-fault parties are. They understand the distress you are feeling and could handle tasks such as filing a claim with the proper court and notifying the defendants of the impending case. This allows you to spend time with your injured child without having to worry about the headaches of the judicial system.
Common Accidents That Injure Children
Unfortunately, children can become injured for a variety of reasons beyond their control. Local attorneys provide representation for parents whose children suffer injuries resulting from:
An Elgin injured minor lawyer could ask parents with injured children numerous questions that help shape legal claims, including whether the child has developed PTSD, depression, anxiety, or other emotional health issues stemming from their accident. Other queries concern post-injury educational performance, permanent scars or disfigurement, whether reconstructive or cosmetic surgery is necessary, and if the child has experienced a loss of life enjoyment.
Establishing Fault for a Child’s Injury
The state uses comparative negligence rules to establish fault in personal injury cases. The plaintiff’s damages award could get reduced depending on the percentage of fault assigned. Since children are still developing mentally, physically, and emotionally, negligence rules generally do not apply in these instances. Attorneys who work on child injury cases often refer to “attractive nuisance” factors when determining fault, such as an unfenced swimming pool. If a child entered the property because they were attracted to something, they are not responsible for their injuries. The property owner is solely responsible because they did not adhere to local attractive nuisance regulations, such as having a fence around their pool.
Property owners, car and bus drivers, and entities such as school systems are also to blame in a child accident case. For example, if a child slips and falls on a wet floor at school, the institution’s administration could face legal claims because they did not maintain safe flooring. The custodial technician on duty might also share blame if they failed to dry the flooring sufficiently. A local child injury attorney could provide insight as to who might be liable.
Who Else Could Face Liability?
Manufacturers, distributors, and store owners become liable in child harm cases from defective products. If the product contained a defect that any of these parties knew about but ignored, they face liability lawsuits from parents with injured kids.
No matter who is at fault in a civil injury case involving children, the parents or guardians have two years from the date of the incident to make claims with the state’s civil court system. Exceptions are sometimes granted if the parents discovered their child’s injuries long after the accident date.
Reach Out to an Elgin Child Injury Attorney Today
If your child was hurt due to others’ negligent or intentional actions, make an appointment with an Elgin child injury lawyer as soon as possible. A lawyer could work closely with you to construct a case that demonstrates the other party’s liability. Take action today to learn how you could recover compensation for the harm your child suffered.