No parent wants to imagine that their child might get seriously hurt because another adult was acting recklessly or carelessly around them. Unfortunately, this happens all too often in Pennsylvania. These incidents can have lifelong consequences for an injured child and their family.
In one tragic example, a child was struck by a drunk driver while riding a bike near her home. She suffered fractures to her face, ribs, and clavicle, as well as a mild traumatic brain injury. The family was referred to Ostroff Godshall Injury and Accident Lawyers by Mothers Against Drunk Driving (MADD). Jon Ostroff filed a lawsuit on her behalf in Montgomery County. We won our client a $3.5 million settlement mediated by MontCo Trial Judge.
If your kid was in an accident and you believe another party is to blame, talking to a Blue Bell child injury lawyer should be a priority. Pennsylvania allows you to file a lawsuit on your child’s behalf in situations like this. Help from our respected attorneys at Ostroff Godshall Injury and Accident Lawyers will be crucial to getting the payments your family needs.
Can Parents and Guardians Sue on Their Child’s Behalf?
When someone acts irresponsibly and causes another person to get hurt, the injured victim usually has the right to sue the reckless person and demand that they pay for any losses. Unemancipated children under 18 cannot be civil “plaintiffs,” meaning they cannot be the ones filing the lawsuit. However, their parent(s) or legal guardian(s) can do it for them.
Other than the person filing the claim, all the other legal rules that apply to a typical personal injury case also apply to child injury cases. The person filing suit will still need to prove negligence by the defendant (the party they are suing). This specifically means proving all the following facts:
- The defendant had a “duty” to act a certain way under the circumstances—for example, drivers have a duty to follow traffic laws and look out for other cars and pedestrians
- The defendant violated their duty by doing something reckless, careless, and/or illegal
- By violating their duty, the defendant directly caused an accident
- That accident resulted in injuries and losses to another person
A Blue Bell child injury lawyer at our firm can further explain how this process works during a free initial meeting.
Protecting Your Child’s Future
Unfortunately, young children can be much more likely to suffer long-term or even permanent harm when they get hurt in accidents, especially since their bodies are not fully developed. Because of this, your local attorney must pursue payments that will cover your child’s short-term and long-term losses, including:
- Pain and suffering
- Emergency medical bills
- Costs of future medical care, such as physical therapy
- Lost ability to work
- Loss of life’s pleasures
- Psychological and emotional damage
Notably, there are special rules that apply in Pennsylvania when parents or guardians accept settlements for their child’s injuries. It is always worth talking to an experienced child injury lawyer in Blue Bell before accepting a settlement offer.
Work with a Blue Bell Child Injury Attorney
Finding out that someone hurt your child by acting recklessly or carelessly is a devastating experience. It is essential in situations like this to protect your child’s best interests and ensure you get the resources they need to move forward with their life.
A Blue Bell child injury lawyer at our firm will be your seasoned advocate throughout your case. Call Ostroff Godshall Injury and Accident Lawyers today to learn more in a free consultation.