Learning that your child was hurt because of another adult’s reckless or careless actions is devastating. You may need significant resources to pay for your child’s medical care and protect their future. Knowing your family’s rights in these tragic situations is crucial to gaining a sense of justice and getting the compensation you need to set things right.
Getting a favorable result from a lawsuit or settlement demand will be much easier with help from a Philadelphia child injury lawyer at Ostroff Godshall Injury and Accident Lawyers. The renowned attorneys at our firm know how to fight and win tough cases on behalf of families like yours. In one local case, we won a $3.5 million settlement for a child struck by a drunk driver while riding her bike near her house. She suffered fractures to her face, ribs, and clavicle and a mild traumatic brain injury. We are committed to helping innocent victims and their families after severe accidents.
Getting the Compensation Your Child Needs
Children are vulnerable in many ways. The effects of a long-term injury on a child can be even more damaging and impactful than they would be for an adult. In child injury cases, it is essential to account for every long-term form of harm the accident may cause for the child, including:
- Physical pain and suffering
- Loss of life’s pleasures
- Emotional and psychological trauma
- Emergency medical bills
- Costs of long-term medical care, including physical therapy, prescription medications, and equipment like crutches or wheelchairs
- Difficulties at school and lost educational opportunities
- Lost working and earning ability for the child
- Lost work wages for parents who have to care for their child or costs of services like in-home care
Like personal injury cases involving adults, there is a time limit for filing child injury lawsuits. While the statute of limitations doesn’t technically begin to run against a minor until they turn 18 years old, parents and guardians in Philadelphia have just two years after their child gets hurt to begin the litigation process. Your seasoned local attorney can help file a lawsuit within these deadlines and ensure the claim accounts for every form of compensation your child is entitled to.
Special Rules for Child Injury Lawsuits in Philadelphia
In some situations, an adult may be considered legally liable for an injury to a child when they wouldn’t be liable for an injury sustained by an adult under the same circumstances. For instance, landowners in Pennsylvania generally don’t have a duty to protect trespassers from getting accidentally hurt on their property. However, suppose a child is drawn into trespassing on private property by something like a swimming pool that isn’t properly secured. In that case, the landowner might still be liable for failing to ensure curious children couldn’t get hurt by that “attractive nuisance.”
Additionally, Pennsylvania courts are strict when it comes to settlement agreements made by parents on behalf of their injured children. As our knowledgeable lawyers in Philadelphia can further explain, you can’t settle an injury case on your child’s behalf until a court approves the settlement amount. Any money you get through such a settlement must be kept in a specially insured bank account and can only be spent with court approval until the child turns 18.
Seek Justice with a Philadelphia Child Injury Attorney
Anyone who injures another person by acting irresponsibly can be held liable financially for the consequences of their actions. This includes people who cause harm to children. However, if you aren’t familiar with how Pennsylvania law governs personal injury cases involving children, you’ll likely have difficulty getting the compensation your family needs.
Guidance from a Philadelphia child injury lawyer will make all the difference in your chances of securing a favorable case outcome. Learn more by calling Ostroff Godshall Injury and Accident Lawyers today.