As a parent, you’ll do everything possible to protect your child. When injured due to someone’s neglect or carelessness, a parent’s world could become an emotional rollercoaster. You want what’s best for your child’s recovery while also seeking accountability and justice. Mounting medical bills and unexpected time off from work to care for your child can affect your family’s financial stability.
If an insurance company has offered you a settlement, how do you know if it’s fair and covers all of your damages? What do you do if the negligent party refuses to accept liability? Should you file a personal injury lawsuit?
The compassionate team of child injury lawyers in Gary has the know-how to negotiate with insurance companies or, should the case go to trial, fight on behalf of you and your child to ensure you receive the best possible outcome. Don’t face a powerful insurance company alone. Yosha Law can help.
What You Need to Know About Child Injuries in Gary, Indiana
A personal injury lawsuit can be filed when another person or entity’s negligent actions have caused an injury. Severe injuries can leave victims with massive medical bills and loss of income that can affect their emotional well-being. The tragedy of a child being injured by an event that could have been prevented is every parent’s nightmare. A Gary personal injury lawyer can provide the support and legal expertise needed to seek justice and financial compensation in such difficult times.
When filing a personal injury lawsuit on behalf of your child, there are a few things that parents should be aware of. An injured child cannot seek justice on their own, but as their parent, you can. The child injury lawyers at Yosha Law can explain and guide you if you choose to file a lawsuit.
Statute of Limitations
It’s important to begin the process of filing a personal injury lawsuit on behalf of your child as soon as you can. Indiana’s personal injury lawsuit statute of limitations allows for a lawsuit to be filed within two years from the date of the injury or the date the injury was noticed.
Settlement Claims
Indiana code § 29-3-9-7 allows the parents and legal guardians of a minor child to negotiate a settlement on the child’s behalf. However, even if the case doesn’t go to trial and is settled amongst the parties involved, the court must approve the settlement.
Another caveat to a child injury lawsuit is if the settlement amount is over $10,000, a special court case must be created to ensure the proper monetary allocation. This highlights the necessity of working with an experienced child injury attorney.
Wrongful Death
If your child dies as a result of their injuries, Indiana code §34-23-2-1 allows parents to file a wrongful death claim. If your child was under the age of 23, without children, and enrolled in a college or university, you may be entitled to compensation.
Examples of Child Injuries in Personal Injury Cases
There are many different types of injuries that fall under the umbrella of a personal injury claim. Parents may be entitled to compensation for their economic and non-economic damages, no matter how minor or severe. Some examples of child injuries can 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
When your child is injured due to someone’s negligence, your priority is to ensure that their medical needs are addressed. Attempting to seek accountability and compensation for your losses can be challenging if you don’t have an experienced team of child injury lawyers on your side.
Your child can’t legally seek justice on their own, but you can. However, insurance companies aren’t on your side, and no matter how compassionate they may seem, their job is to limit liability and costs. A child injury attorney will fight for your child and help you navigate the complex legal system while ensuring your losses are completely covered.
How Yosha Law Can Help
The child injury lawyers at Yosha Law are passionate about fighting for your child’s rights. With over 60 years of experience advocating for Indiana residents, we have a solid background in winning cases and negotiating the best settlement offers.
Brandon Yosha, one of our partner attorneys, was instrumental in helping to create Norah’s Law, which has saved countless lives on Indiana’s busy and sometimes dangerous highways.
Our child injury lawyers can help to:
- Investigate your case: Our team will investigate your case to determine liability and the best course of action.
- Gather evidence: For personal injury cases, you’ll have to prove both to prove liability and damages. Yosha Law can help you gather the strongest evidence.
- Interview eyewitnesses and forensic experts: We’ll interview all eyewitnesses to ensure you have the best evidence. We have connections to the best forensic experts in the country should we need them to bolster your child’s case.
- Provide real-time case updates: Your legal team at Yosha Law will keep you abreast of any progress or delays to your case. There’s no need to feel left in the background while you care for your child, as we’ll keep you informed of any new developments.
- Compassionate support: We understand that this is a difficult time for you. Our compassionate team will guide you through the entire legal process.
- Represent you and your child during negotiations or in court: We’ll ensure that insurance companies don’t offer lowball settlements and will fight for the best possible outcome. Should your case go to trial, we have extensive courtroom experience.
Damages in a Child Injury Lawsuit
Indiana law allows those injured by a person or entity’s negligence to seek compensation. This compensation falls into two main categories: economic and non-economic.
Economic damages are those that have an easily quantifiable monetary value. These include things such as medical bills and other expenses directly related to the injury. Non-economic damage is those that don’t have a direct monetary amount. These are for things like pain and suffering.
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 a negligent act injures your child, you are entitled to compensation while seeking justice. While you tend to your child’s needs, we’ll be fighting for your child’s best interests.
Don’t fight for your child’s rights alone. Connect with us today to discuss your best course of action.
