There is nothing more heartbreaking than watching your child suffer through an injury. It’s impossible to watch them go through the initial pain and shock, followed by emergency medical care, frightening new experiences, surgeries or treatments, and weeks, months, or even years of recovery.
It’s normal to feel a sense of helplessness when your child is injured in an accident that was caused by someone else’s negligence or carelessness. You may find yourself replaying the accident in your mind, trying to imagine what could have been done differently for your child to avoid being injured.
Soon, your thoughts may turn to wanting justice. Who was responsible for this accident, and therefore, for your child’s pain and suffering? Not to mention the medical bills! Parents can seek justice by working with an experienced child injury lawyer who knows how to hold the right parties accountable for their negligent actions.
If you are facing mounting bills, lost wages from the time you have had to take off work, and a long future of helping your child cope with their injuries, speak with a Carmel child injury lawyer today to start on the path toward accountability and justice.
At Yosha Law, we are here to help.
Get the facts about child injury in Carmel
Carmel is a lovely community for families with excellent schools, parks, shopping, entertainment, and so much more. Unfortunately, accidents happen in even the best communities.
Indiana’s children are at risk of being injured in accidents every day. In one recent year, Indiana’s Emergency Departments treated 69,046 injuries in children, with 1,157 of those leading to hospitalization. There were 180 child injury deaths in 2016.
That same year, 23 of the children who died were between the ages of 12-14. 11 of those accidents were “unintentional,” meaning that they were accidents.
In recent years, Carmel has been the setting of accidents including car crashes, bike wrecks, falls, daycare neglect cases, and injuries at school, among other incidents. When a child in our community is injured, they need the adults in their life to act on their behalf to hold the responsible parties accountable.
If your child has suffered injuries from an accident in Carmel, Yosha Law Firm can walk alongside you in the pursuit of justice. We have the knowledge, experience, and compassion that is needed to work with families who are coping with the aftermath of a child’s injuries.
Common child injuries in Carmel
Child injuries in Carmel may include:
- Falls
- Dog attacks
- Traumatic Brain Injuries (TBIs)
- Car accidents
- Bike accidents
- Birth injuries
- Lacerations
- Broken bones
- Poisoning
- Daycare injuries
- Sports injuries
No matter the type of injury, seeing your child suffer is almost unbearable. When you know that the injury could have been prevented, it’s’ even worse.
Can you get compensation for all kinds of child injuries?
Child injury law does not distinguish between types of injuries, only the severity and impact of those injuries. No matter what kind of injury your child experienced, you may be eligible for compensation if those injuries were caused by a negligent party or parties.
If you have questions about whether or not your child’s injuries qualify for compensation, speak with an experienced personal injury attorney.
Indiana child injury laws
Indiana’s personal injury laws apply to both children and adults. At Yosha Law Firm, we have spent decades working with accident victims, so we know how to navigate these and other laws that will apply to your case.
- Statute of limitations: For adults, a personal injury lawsuit must be filed within two years from the date of the accident. However, there are circumstances under which a minor may receive an extended statute of limitations. (Indiana code § 34-11-2-4)
- Settlement claims: Parents and guardians of minors can negotiate and settle a claim on their behalf. (Indiana code § 29-3-9-7)
- Wrongful death: In the tragic case of a wrongful death, Indiana law allows parents to file a wrongful death lawsuit against any negligent individuals who caused their child’s death. (Indiana code §34-23-2-1)
Proving negligence in a child injury case
For a personal injury case to be successful, you must be able to prove that the defendant was negligent. This may be because they acted in an unacceptable manner, or because they failed to act appropriately to protect your child from harm.
These four requirements must be met for someone to be declared negligent:
- The defendant had a duty of care to your child. A daycare owner, for example, has a duty of care to keep your child safe and healthy during his or her time at their facility. Similarly, a driver has a duty of care to follow the rules of the road, and a dog owner has a duty to keep their dog from biting or attacking a child.
- The defendant breached their duty of care through action or inaction. This might look like a daycare owner failing to hire enough teachers, a driver behaving recklessly, or a dog owner failing to control their aggressive dog.
- The breach of their duty of care was the cause of your child’s injuries.
- The accident caused tangible, monetary damages, and may have also caused non-economic damages like pain and suffering. This means that if a driver failed to stop at a stop sign, but no one was injured, the driver cannot be held accountable for the fact that something could have happened.
Do you need a child injury attorney in Carmel? How Yosha Law can help
Working with an experienced personal injury lawyer in Carmel is the most effective way to maximize your settlement or court award. The economic and non-economic costs associated with a child’s injuries can be astronomical, and an attorney knows the best ways to minimize the impact of these losses.
Your attorney can:
- Walk with you through the legal process
- Answer your questions and explain your options
- Identify all of the potential liable parties
- File paperwork with the court
- Negotiate with insurance companies on your behalf
- Take your case to trial if necessary
- Gather evidence
- Interview eyewitnesses
- Hire expert witnesses to testify regarding the events
Most importantly, your attorney from Yosha Law Firm will fight for your child’s rights and protect your family’s wellbeing.
What damages can you collect in a child injury case?
Personal injury cases, including child injury claims, carry a heavy burden for most families. While your child deals with pain, frightening medical procedures, and a lengthy recovery, you are likely dealing with the increasing financial burden.
You deserve compensation for these losses.
Economic damages may include:
- Your child’s medical bills
- Ongoing therapy costs
- Mobility aids
- Lost wages from time off work
- Lost earning capacity if you have to leave your job to take care of your child
- Other out-of-pocket expenses
Non-economic damages may include:
- Pain and suffering
- Psychological damage
- Scarring and disfigurement
- Loss of enjoyment of activities
When to contact a Carmel child injury law attorney
No matter what kind of injury your child experienced, it is best to contact an attorney as soon as possible. You can even reach out to an attorney before you know if you have a case, as a lawyer is the most equipped to help you understand your legal options. We are here to answer your questions, and consultations are always free.
Because the two-year statute of limitations may apply to your case, don’t wait to contact a Carmel law firm like Yosha Law. The sooner we can get started, the easier it is to get the best possible outcome for you.
Contact Yosha Law in Carmel Today
When a child suffers an injury due to negligence, it’s normal to feel uncertain about how to pursue justice and fair compensation. Insurance companies may be quick to offer an inadequate settlement, but how do you know if that’s the amount you should be getting?
At Yosha Law Firm, we have a dedicated group of personal injury attorneys, including those with plenty of experience in child injuries. Instead of watching medical expenses mount and financial concerns multiply, let our experienced team manage the legal complexities of your case. That way, you can focus on attending to your child’s needs.
Our approach to child injury law is compassionate, supportive, and knowledgeable. You can trust us to hold negligent parties accountable and give you peace of mind during such a challenging time.
Contact us for a free case evaluation so that we can get to know you, your child, and how this accident has changed your lives.
