Few situations are as distressing as a child getting injured. Parents want their child’s well-being and must consider the crucial legal steps. Families must also know their and their children’s rights to ensure they receive the necessary protection and care. So, what to do if your child is injured? Here are the crucial steps.
Bring Your Child to a Doctor Immediately
Your child’s safety is paramount. You want doctors and other healthcare professionals to immediately assess and treat the injuries. Moreover, medical practitioners can examine the potential consequences of the injury.
For example, a concussion might lead to anxiety, problems focusing, learning difficulties, and cognitive impairments. No parent wants to worry about any of these.
More importantly, documenting the injury is crucial to filing a legal action. According to ConsumerShield, your chances of winning a claim increase with a complete and accurate patient and medical record.
Document the Incident
Although doctors and healthcare professionals can document the kid’s injury and resulting treatments, you can bolster your legal claim by recording the incident’s circumstances.
Snap a picture of the accident scene, including visible injuries.
How about contributing factors like hazardous conditions and faulty equipment? Ask witnesses for their contact information. It can be handy during an investigation.
Learn Your Legal Rights
You have at least three legal rights when your kid is injured.
- Negligence – Your child has the right to just compensation (i.e., coverage for medical expenses) if the injury results from someone else’s negligence or failure to act as a reasonable person would.
- Product liability – A defective product allows you to sue the manufacturer, retailer, or distributor.
- Premises liability – You can also file a legal claim for unsafe environments (i.e., unfenced playground) where the accident occurred.
Consult with a Personal Injury Attorney
Knowing your injured child’s legal rights is one thing. Navigating the legal system’s complexities is another.
You will want to consult with a lawyer specializing in personal injuries in children to learn your legal options and the necessary steps. Personal injury attorneys can also help gather more relevant evidence, communicate with insurers, and represent your child in court or out-of-court negotiations.
Collect and Preserve Evidence
Parents must preserve all pertinent evidence, including accident photos, witness testimonies, and medical records. You will also want to keep all medical bills and official receipts about the child’s injury and consequent treatment.
A journal documenting the injury’s impact on your child’s daily life (i.e., school and social life) can help bolster your legal claim. Note any behavioral changes or emotional distress after the accident.
Consider Your Child’s Future Needs
Serious physical injuries can sometimes have a long-lasting impact on the child’s future social, mental, and emotional health. The legal settlement must be comprehensive enough to account for the injury’s long-term implications.
Final Thoughts
Children’s injuries are challenging and emotionally draining. Understanding your child’s legal rights and taking proactive steps can make a huge difference. Tend to your child’s immediate medical needs, document the incident, and work with a personal injury lawyer to pursue the most appropriate legal action.
My name is Andrea Thompson and I’m a home based freelance writer. I’m 23 years old, married to my best friend, and mother to a wonderfully independent and opinionated 3 year old girl and step-mother to a sweet seven year old boy. I live in a tiny, little town in Kentucky, where I spend my free time fishing with my kids.
Writing has always been my passion, which I followed through high school, and for a while in college. Life happened, and once I discovered we were pregnant, I switched directions; opting for the healthcare industry because of the stability.
Finally, years later, I was in a place where I could leave the day job that never truly made me happy, and pursue my dreams. I’ve built, and am still building, my writing career from scratch. But, I’m passionate and I’m good at what I do. And, in the end, I can prove to my daughter that she can do anything she wants with this life.
