Parents dread witnessing their child suffer, and the emotions are even more intense when your child suffers because of another party’s carelessness. The desire to hold the responsible party accountable could be overwhelming.

A Camden County child injury lawyer could offer you that satisfaction. When another party’s negligence causes an injury to a child, the parents could bring a personal injury lawsuit seeking damages on their child’s behalf. Damages are held until the child reaches legal adulthood, but the parents could access the funds to cover their child’s ongoing medical care.

Accidents that Commonly Injure Children

Children work off excess energy through active play. They also lack good impulse control and sound judgment, so most children get hurt in accidents at some point as they grow up. However, when an accident results from someone else failing to exercise appropriate caution, resulting injuries might be due to negligence.

Some situations that could lead to a civil lawsuit for a child injury include:

A Camden County attorney could review the circumstances of a child’s injuries and medical records to pinpoint negligent acts and omissions. A parent may bring a claim against any party whose lack of caution led to their child’s injury.

What Makes Child Injury Claims More Complex than Cases Involving Adults?

Several factors can complicate child injury claims, including how damages are calculated, who should bring the claim, and how damage awards are handled. It is therefore essential to work with an attorney who is experienced in representing families of injured children in Camden County. Retaining legal representation helps avoid procedural or strategic missteps that may otherwise diminish an injured child’s chances of collecting damages.

Calculating Damages

When a child suffers an injury due to negligence, it might not be immediately clear how it will affect their growth and development. Even a simple fracture might heal imperfectly and cause significant pain or disability as the child enters adulthood. Physical injuries could also have a huge impact on a child’s emotional, social, and cognitive development.

When demanding damages for a childhood injury, a child’s attorney must assume that the injury will present ongoing medical challenges or complications and estimate future losses accordingly. Seeking input from medical experts, actuaries, and other professionals is often necessary to make a reasonable estimate of a family’s future damages after a child injury.

Who Should Sue?

When a child suffers an injury, they have until two years after their 18th birthday to sue for damages. Otherwise, if a parent wants to bring an action on behalf of their child, they must generally file the lawsuit within two years of the child’s injury, with few exceptions. For example, if the child was very young when the accident occurred, it might be challenging to assess the true extent of their injuries until their brain and skeleton are more developed.

Despite uncertainty about an injury’s ongoing impact on a developing child, filing a claim earlier rather than waiting for the child to reach the age of majority is often the best strategy. Over time, evidence may be lost or destroyed; witnesses may pass away, move away, or lose their ability to recall the event; and the parties responsible for the injury might go bankrupt or disappear. Bringing a lawsuit as quickly as possible with the assistance of a Camden County child injury attorney helps avoid these issues.

What Happens to the Compensation Awarded in a Child Injury Claim?

Parents must understand that the money awarded in a successful civil claim belongs solely to the injured child, and they will not have access to it unless the court allows them to use the funds for the child’s care and support. This is usually done when the child is severely disabled and requires near-constant care. In most cases, the defendant purchases an annuity for the child, or opens an account with the Camden County Surrogate who safeguards the funds until the child turns 18.

Rely on a Seasoned Camden County Child Injury Attorney

If someone else’s negligence caused your child to suffer serious injuries in an otherwise avoidable accident, they should be held accountable for their carelessness.

A Camden County child injury lawyer on our team recognizes the emotional toll that a severe injury takes on parents and how high the stakes are for an injured child. You can confidently place your child’s claim in the hands of a capable professional at our firm. Schedule a consultation today.

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