No parent ever wants to think that another person’s reckless or careless actions might lead to their child being seriously hurt. Unfortunately, thousands of kids across Pennsylvania suffer injuries and fatalities every year in accidents caused by irresponsible adults. To make matters worse, getting fair financial compensation for your child’s injuries can be a very complicated and challenging process.
Fortunately, there is help available from an Allentown child injury lawyer who knows how devastating situations like this can be. No matter what type of injuries your child is dealing with, your seasoned personal injury attorney can work to make sure you get the compensation you need to help your child live the life they deserve. To learn more about what Jon Ostroff and the rest of our team at Ostroff Godshall Injury and Accident Lawyers can do for you after your child’s accident, reach out to our office today.
What to Do After a Child Gets Hurt
The first priority for any parent whose child gets injured in a serious accident should be seeking appropriate medical care as quickly as possible. Then, it is crucial to follow instructions from the child’s pediatrician or whoever else treats their injuries and to keep copies of every medical document, form, and receipt related to their treatment.
During settlement talks, litigation or a civil jury trial, this kind of documentation will be helpful in proving exactly how the child was hurt, what specific treatments they received, what kind of care they will need in the coming weeks and months, as well as any permanent effects their injuries might have. With this evidence available, an Allentown child injury attorney can pursue enough compensation not just to cover short-term losses, but various long-term ones as well.
Holding The At-Fault Party Accountable for Your Child’s Injuries
In a lot of situations, proving another person liable for injuring a child works the same way as proving them liable for injuring another adult. The main difference between these cases is that instead of the injured person filing a claim themselves, the injured child’s parent(s) or guardian(s) would file the claim for them.
Sometimes, though, it may be possible to file a lawsuit over an injury to a child when it would not be possible to file a claim over an injury to an adult. This most often happens through something called the “attractive nuisance” doctrine, which applies to situations where a young child goes onto someone else’s property without permission, because they are curious about something like a swimming pool or construction equipment that they are not old enough to recognize as dangerous.
If that child then gets hurt because of this “attractive nuisance,” the property owner may be considered legally liable for that injury because they did not make a reasonable effort to keep kids from trespassing on their land. A child injury lawyer in Allentown can explain these laws and how they pertain to your case in more detail during an initial consultation.
Another important difference for children arises when a child is hurt by another party’s neglect, if the injuries aren’t fatal, the child is not bound by the same two-year statute of limitation that adults are. If a child is under 18, even if the accident occurred many years earlier, a child in PA can still have a lawsuit brought on their behalf. While there are still many good reasons to aggressively pursue an injury claim, the two-year statute of limitations for adults, does not begin to apply to injured children until they turn 18 years old.
An Allentown Child Injury Attorney Is Prepared to Fight for Your Family
After your child gets hurt, it can be difficult to think about anything but helping them feel better and making sure they are not hurt more in the future. If someone else’s reckless or careless behavior directly leads to your child being injured, you may need to think about filing a lawsuit against them and seeking compensation for your child’s losses.
A conversation with an Allentown child injury lawyer like Ostroff Godshall Injury and Accident Lawyers Managing Partner Rich Godshall, can help you understand your rights in this overwhelming situation. We have helped families across the state recover financially after accidents involving children, including one incident that occurred near the Lehigh Valley where we were able to reach a $3.5 million settlement on behalf of a child who sustained serious bone fractures and a traumatic brain injury after being struck by a drunk driver, while riding her bike near her home. We are committed to seeking justice for your child– give us a call today to get started on your case.
