According to the Centers for Disease Control and Prevention (CDC), unintentional injuries – like those caused by drowning, burns, falls, road traffic and poisoning – are the leading of death among children in the United States. Each year, over 12,000 children aged between 0 and 19 years die from unintentional injuries and over 9.2 million are treated in emergency departments for nonfatal injuries. In 2008, the leading cause of death among children aged 1 to 4 was drowning. For those aged 5 to 19, the leading cause of death was motor vehicle crashes. Statistics show that children are at a much higher risk of being attacked or bitten by a dog. Such injuries can cause serious injuries and the need for emergency medical treatment. Additionally, each year, countless children’s products are recalled because of defects, like small pieces that are detachable and become choking hazards, clothing items that are not flame retardant when required, pieces of products can cause burns to children, and so forth.
Filing a Claim on a Child’s Behalf
A child under the age of 18 typically cannot file a lawsuit on their own behalf. In such cases, it is a parent or legal guardian who has the power to file a lawsuit on their behalf. If the lawsuit is a successful one, the received funds can be protected, e.g. held in a trust for the child’s benefit. Damages that may be available in cases that involve children may include:
- Medical expenses for the treatment of injuries
- Loss of future income
- Funeral expenses
- Pain and suffering
- Emotional distress
If the accident leads to the death of the child, the parent or legal guardian can file a wrongful death lawsuit against the negligent party. Damages that can be obtained in a wrongful death lawsuit are similar to those received from other personal injury cases. Additionally, loss of society, which is the love and support that the child would have provided to the family, can be part of the compensation.
Legal Assistance
Parents or legal guardians who want more information regarding filing a personal injury lawsuit on a child’s behalf should contact an experienced personal injury lawyer. The attorney will explain the rights of the parents and whether they have a viable claim. They can help the parents or legal guardian pursue a claim and make sure that their legal rights are protected by filing their claim in time. It is important to have the assistance of an experienced personal injury lawyer to make sure that the claim is successful and the child gets the compensation they deserve for their injuries.
A Tremendous Law Firm
If your child is injured in an accident caused by negligence, you should seek the help of a skilled and experienced personal injury attorney at Rosenberg, Minc, Falkoff,& Wolff of RMFW Law at 212-344-1000. You can discuss how to begin your claim after you call us. The first meeting is free. The first meeting will cost you nothing. We only take a percentage of the lawsuit so you really never pay us at all. We are only paid when you are paid. We know what it takes to win and if you listen to us, you will come out of this on top.
