If your child has been hurt due to a doctor’s negligence, an auto accident, a defective product, or another preventable incident, you may be eligible to file a claim for compensation on the child’s behalf. A Belle Glade child injury lawyer could help you hold the reckless and negligent party accountable for their actions. The first step that the personal injury attorneys at Domnick Cunningham & Yaffa could take is investigating the incident and then explaining the financial recovery that may be possible.
Liability for Child Accident Injuries
Child injury cases could occur from numerous types of accidents, including:
- Car crashes
- Bicycle collisions
- Bus accidents
- Sports incidents
- Slip and fall incidents
- Birth injuries
- Dog bite attacks
- Pedestrian accidents
- Burn incidents
To file a child injury case, the claimant would need to prove that the defendant (the party who is being sued) acted negligently. Negligence can only be proven based on several factors. First, the defendant must have been obligated by a legal duty of care to the child. For example, a teacher supervising a child has a responsibility to use reasonable care to keep the child out of harm’s way.
Once it is confirmed that the defendant was compelled by a duty of care, the claimant must further show that the defendant disregarded or breached that duty. Finally, the defendant’s breach must have directly caused the child’s injuries and damages for compensation to be recovered.
If more than one person or party is at fault in a child injury case, the lawyer could pursue joint and several liability, meaning they could file a claim against those responsible either together or individually. Examples of individuals and entities who may be held liable in child injury cases include:
- Animal owners
- Property owners
- Product manufacturers
- Childcare workers
Pursuing Full and Fair Financial Recovery
A knowledgeable child injury attorney in Belle Glade can pursue the full scope of compensation possibly owed to the victim, including financial recovery for their medical bills, treatment costs, disfigurement, and pain and suffering. Lost wages may be recoverable for parents who miss time from work in order to take care of their injured child. Sometimes, punitive damages could be included in the victim’s award of damages to punish the negligent party and discourage others from behaving in the same manner.
Time Limits to File a Civil Suit for Damages
Florida Statutes § 95.11 outlines the statutory deadline for personal injury lawsuits, including claims involving minor children. Under this statute, claimants have four years from the date of the incident to assert a claim for damages. However, there are notable exceptions to the traditional four-year deadline, which may prolong the statute of limitations.
For example, if the at-fault party left Florida following the event which caused the child’s injury and prior to a case being filed with the civil courts, the statutory deadline could be extended per Fl. Stat. Ann. § 95.051. A skilled Belle Glade attorney can help a plaintiff filing a child injury lawsuit understand the time limits applicable to their claim, as well as any exceptions which may affect their case, and ensure the suit was filed by the appropriate date.
Consult with a Belle Glade Child Injury Attorney As Soon As Possible
If you think you could have a valid case for compensation, it may be prudent to speak with a Belle Glade child injury lawyer to discuss your potential claim further. The attorneys at Domnick Cunningham & Yaffa can advocate tirelessly to protect your child’s rights and execute your just claim to compensation.
Call now to set up your confidential case consultation with a Belle Glade attorney.
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