Every parent’s worst nightmare is their child getting hurt in an accident caused by someone else’s careless or reckless behavior. In situations like this, understanding and enforcing your legal right to demand financial compensation on your child’s behalf can be vital to protecting their future despite the harm they unfairly suffered.
However, cases like this can be legally and emotionally complicated. Getting a positive final result can be next to impossible without support from a winning personal injury lawyer like Managing Partner Rich Godshall and the rest of Ostroff Godshall Injury and Accident Lawyers. By working with a Bensalem child injury lawyer from our team, you’ll be able to better protect your family’s best interests.
We have helped countless parents and children across Pennsylvania seek justice after severe accidents. In one case, we were able to obtain a $3.5 million pre-trial settlement for a child who was riding her bike near her home when she was struck by a drunk driver. We are prepared to fight for your family, too.
Holding an Adult Liable for Hurting Your Child
Everyone has duties under Pennsylvania law to act reasonably and responsibly in certain circumstances. Anyone who causes an accident by breaching their duty—for example, causing an auto wreck by breaking a traffic rule—may be financially liable to pay for any harm that incident causes to anyone else involved, including children.
Additionally, there are certain situations where an adult might be liable for a child’s injuries when they wouldn’t necessarily be liable for an adult’s injuries. For instance, property owners in Pennsylvania usually aren’t liable for accidental injuries suffered by people trespassing on their land. However, they are sometimes liable for injuries suffered by trespassing children if the child was drawn onto their land by an unsecured “attractive nuisance,” such as a swimming pool without a fence around it. Your Bensalem child injury attorney can discuss what circumstances may or may not be grounds for a lawsuit during a confidential free consultation.
Special Rules for Bensalem Child Injury Cases
Because minors aren’t allowed to represent themselves in court, their parent or guardian generally must file suit on their behalf after an accident caused by someone else’s negligence. For the most part, this type of claim works the same as any other personal injury case. The parent or guardian filing suit still has to prove negligence by the named defendant(s) to recover compensation for losses suffered by their child.
To ensure that injured kids get fair results from these sorts of claims, parents and guardians can’t accept settlement offers without first getting approval from a court. The court will likely impose additional restrictions on how the funds should be stored and managed until the child comes of age. There are also some unique rules regarding deadlines for claims like this, which our seasoned child injury lawyers in Bensalem can further explain.
Get in Touch with a Bensalem Child Injury Attorney
It’s understandable to be overwhelmed after learning your child was hurt in an accident. Those emotions can make it difficult to know what legal action would best serve your child’s interests. Fortunately, there’s help available from the seasoned legal professionals at Ostroff Godshall Injury and Accident Lawyers. We have a long track record of helping families like yours through tough situations like this.
A conversation with a Bensalem child injury lawyer will give you the information you need to make the right choices for your family. Call us today to get started.