Watching your child struggle after a severe injury is heartbreaking, especially if they were hurt in a preventable accident caused by someone else. Legal action may be the only way to hold the negligent person accountable and get the resources your family needs to support your child.
At Ostroff Godshall Injury and Accident Lawyers, our Reading child injury lawyers understand how upsetting it is to see your son or daughter suffer. Our dedicated attorneys will fight to win the payout your child deserves. We have recovered compensation for countless families affected by severe accidents; in one case, we secured a $3.5 million pre-trial settlement for a child who was biking when a drunk driver struck her. We are ready to put our experience to work for you.
Common Childhood Injuries Caused by Negligence
When an adult causes an accident that hurts a child, they should pay for the harm they cause. Our dedicated Reading attorneys can bring claims for various types of child injuries and accidents, including:
Almost any instance of an adult’s careless or reckless behavior resulting in injuries to a child can warrant a legal claim. The parents could file a medical malpractice lawsuit if the child’s injury resulted from a doctor’s mistake. If the injury happened because of a dangerous product—like a toy the child choked on or pajamas that caught fire too easily—the parents could bring a defective product claim. When someone who should have been supervising the child allows an accident to happen, the parents and their attorney could sue for negligence.
Compensation for Child Injuries in Reading
As a parent, you can sue on your child’s behalf within two years of their injury. You can claim your expenses, such as medical costs, parking, and missed wages from taking time off work to be with your child.
You can also claim compensation, or “damages,” on your child’s behalf. The responsible parties owe your child money for the pain they suffered. If the injury kept your child from participating in activities they enjoy, your lawyer could claim damages for their loss of life’s pleasures. When an injury leaves the child physically or mentally impaired, your attorney could sue for the child’s lost opportunities.
If your child experiences additional losses or issues after you settle your lawsuit, they have until their 20th birthday to sue for those losses. Our child injury lawyers in Reading can further explain your family’s rights in pursuing legal action during a free consultation.
Courts Often Manage a Child’s Award
Most lawsuits settle out of court before a trial. 231 Pennsylvania Code Rule 2039 requires a judge to approve a settlement proposal benefitting a child. The court reviews the settlement to determine whether it is in the child’s best interests. The funds usually go into a court probate account if the judge approves the settlement.
Parents may claim reimbursement for extraordinary medical expenses. If the settlement amount is small, a court might designate the parents to manage the child’s money. However, the court will retain control over larger settlement amounts until the child’s 18th birthday.
When the child turns 18, they typically gain access to the award money. Sometimes, parents and attorneys might arrange for the child to receive the funds in installments or through an annuity. A Reading attorney at Ostroff Godshall Injury and Accident Lawyers can advise you on how to handle your child’s settlement.
Trust a Reading Attorney to Pursue Your Child’s Injury Claim
A severe injury to a child is a parent’s worst nightmare. To protect your child’s future and gain a sense of justice for your family, a lawsuit might be your best option.
A Reading child accident lawyer can help you and your child through this difficult time and handle every aspect of your case. The sooner you reach out, the sooner we can begin fighting for you. Call Ostroff Godshall Injury and Accident Lawyers today to get started.
