Nothing could be as heartbreaking as seeing your child suffer a severe injury. It’s a double whammy when someone’s neglectful act causes the injury. As a parent, you want what is best for your child, but how do you seek accountability and compensation for your losses when you need to care for them during a lengthy recovery period? How will you keep up with mounting medical bills if you need to take an extended and unexpected leave of absence from your job?
If the insurance company has made you a settlement offer, how do you know if it’s fair or simply a lowball amount to get you off their back?
Let our child injury lawyers at Yosha Law fight for you on your child’s behalf to ensure that justice is served, and you receive compensation for your losses.
What You Need to Know About Child Injuries in Evansville, Indiana
Personal injury lawsuits are filed when an individual’s or entity’s carelessness physically harms someone. When it’s your child who has been hurt, you’ll not only want to seek accountability but also to ensure that your losses are adequately compensated. An Evansville personal injury lawyer can help you achieve both by advocating for your child’s rights and pursuing the compensation you deserve.
However, parents should be aware of a few legal aspects of a child injury lawsuit. During a free case evaluation, a Yosha Law personal injury lawyer can explain the nuances of the laws and how they’ll apply to their case.
Statute of Limitations
All personal injury lawsuits have a statute of limitations. Indiana law states that a child injury lawsuit must be filed within two years of the injury or two years from the discovery of the injury. If you attempt to seek compensation after the two years have passed, your claim will be denied.
Settlement Claims
Indiana code § 29-3-9-7 states that parents and legal guardians of an injured minor can seek to negotiate a settlement on the child’s behalf. If the case doesn’t go to trial and all parties involved have reached a settlement agreement, it still must be approved by Indiana’s court.
If the settlement agreement is in excess of $10,000, a special court case must be created to ensure the proper monetary allocation. Your child injury lawyer can help ensure that everything is handled according to the letter of the law.
Wrongful Death
Indiana code §34-23-2-1 allows parents or legal guardians to file a wrongful death claim if the child dies from their injuries. If your child was under the age of 23, had no children of their own, and was enrolled in a college or university, you may be entitled to compensation.
Child Injuries in Personal Injury Cases
Sometimes, even what appears to be a minor injury can become something more severe. If a neglectful act hurts your child, it’s of utmost importance to seek a professional medical evaluation to ensure your child’s safety. Many different types of accidents and injuries fall under the umbrella of personal injuries.
Some examples of child injuries include:
- Birth injuries
- Brain injury
- Broken bones
- Burns
- Choking
- Concussions
- Dog bites
- Drowning
- Paralysis
- Poisoning
Why You Need a Personal Injury Lawyer for a Child Injury Case
Insurance companies are notorious for lowballing settlement offers and pressuring parents to sign away their rights. Perhaps your child was injured at a daycare center, and they aren’t as cooperative as you thought. In both situations, a child injury lawyer has the savvy and experience to take over the negotiations to ensure that your rights as the parent of an injured child are preserved.
Legally, your child cannot seek justice on their own. And you, as their parent or legal guardian, most likely don’t have experience in pursuing a lawsuit. Without the guidance of an Evansville child injury attorney, you won’t receive the best possible outcome and have all your damages covered.
How Yosha Law Can Help
For over 60 years, the compassionate lawyers at Yosha Law have been advocating for the rights of injured children. Partner lawyer Brandon Yosha was instrumental with the passage of Norah’s Law, a law that has saved countless lives on Indiana’s busy highways.
Here’s what you can expect from Yosha Law:
- Investigate your case: We’ll thoroughly investigate your case, determine its root cause, and establish liability.
- Gather evidence: A strong case relies on strong evidence. Our team will help gather the strongest evidence. Through evidence, we’ll build the strongest case possible.
- Interview eyewitnesses and forensic experts: Our legal team will seek out and interview witnesses. Should your case require forensic experts, we have connections with the best ones in the country.
- Provide real-time case updates: You’ll be provided with the details of your case in real time. We keep our clients in the loop so there’s no need to reach out to learn of any progress or delays.
- Compassionate support: We understand that this is a difficult time for you as the parent of an injured child. Our compassionate legal team will guide you through the process.
- Represent you and your child during negotiations or in court: We’ll ensure that insurance companies don’t bully you into accepting a lowball settlement. If your case goes to the courtroom, we’ll be there to fight for you and your child.
Damages in a Child Injury Lawsuit
Accidents can cause severe injuries, leaving the victims to cope with not only pain but also with a loss of income and other hardships. If your child has been injured, you may need to take a leave of absence from your employer to care for your child’s needs during recovery.
Indiana law allows the victims of a personal injury to seek compensation for damages. Damages typically fall into two categories: economic and non-economic.
Economic damages are those that are easily quantifiable while non-economic damages are those that don’t have a direct monetary value but are considered losses.
Typical damages in a child personal injury lawsuit can include:
- Catastrophic injury
- Disability
- Disfigurement
- Emotional trauma
- Loss of limb
- Loss of quality of life
- Loss of vision
- Medical bills
- Pain and suffering
- Product liability
- Scarring
- Traumatic Brain Injury (TBI)
- Wrongful death
Contact Yosha Law
If your child has been injured and suspect it was caused by a careless act, you’ll want an experienced Evansville child injury attorney on your side. Don’t let insurance companies bully you into signing away your rights for a lowball settlement. Our child injury lawyers are experienced in out-of-court settlement negotiations, and if your case goes to trial, we have a team of successful trial attorneys.
Don’t fight for your child’s rights alone. Connect with us today to discuss your case and learn how you can achieve justice for your child.
