When your child suffers an injury, it can feel like your whole world is turned upside down. Beyond the immediate concern for their health and recovery, you’re often left grappling with medical bills, emotional stress, and uncertainty about what steps to take next. This is where hiring a qualified child injury lawyer can make all the difference.
This guide will walk you through the key aspects of hiring a child injury lawyer in Indiana, including understanding common causes of injuries, legal rights, compensation, and how to choose the right attorney. With the right legal expertise on your side, you can secure the justice and compensation your family deserves.
Understanding the Role of a Child Injury Lawyer
A child injury lawyer is a legal professional who specializes in advocating for the rights of injured children. They work to identify the causes of injuries, prove negligence where applicable, and pursue compensation to cover medical expenses, lost income (for parents who need to care for the injured child), ongoing care, and emotional distress.
Navigating Indiana’s personal injury laws can be daunting for parents, especially while caring for an injured child. Having an experienced attorney handle the legal aspects allows you to focus on what truly matters—your child’s recovery.
Common Causes of Child Injuries in Indiana
Understanding how and why injuries happen is a crucial first step. Here are some of the most common causes of child injuries in Indiana and the corresponding legal implications.
1. Playground Accidents
Lack of maintenance, defective equipment, or inadequate supervision can lead to serious playground injuries. Indiana has specific safety standards for playgrounds, and a failure to meet these can constitute negligence.
2. Car Accidents
Motor vehicle accidents are one of the leading causes of child injuries in the United States, including Indiana. This includes accidents caused by reckless drivers, DUI incidents, or generally negligent drivers.
3. Defective Products
Dangerous toys, cribs, or other children’s products can cause injuries. A manufacturer’s failure to ensure safety through rigorous testing and responsible design or inadequate warnings could lead to product liability lawsuits.
4. Childcare Negligence
Childcare providers, such as daycare centers or babysitters, have a legal duty of care to keep children safe while under their supervision. Negligence in supervision or unsafe environments can result in severe injuries.
5. Premises Liability Accidents
Slippery floors, broken stairs, or unsafe environments on someone else’s property can lead to accidents. Property owners can be held accountable for failing to prevent hazards under Indiana’s premises liability laws.
Learn More About Injured Children Cases
Legal Rights and Compensation for Injured Children
When a child is injured, Indiana law allows parents or guardians to file a personal injury lawsuit to secure compensation. Here’s what you need to know about your rights and potential outcomes.
Legal Concepts to Understand
- Negligence: Establishing negligence means proving the party responsible for your child’s injury failed to act with reasonable care.
- Duty of Care: This refers to the legal obligation to ensure the safety of your child in various settings, such as schools, playgrounds, or daycare centers.
- Statute of Limitations: Indiana generally provides an extended timeline for filing personal injury claims involving minors. The clock typically starts when the child turns 18, giving families ample time to gather evidence and document their case. However, it is best to file suit much earlier to help ensure evidence preservation.
Types of Compensation
- Medical Expenses: Includes current and future medical costs, such as surgeries, therapy, and rehabilitation.
- Pain and Suffering: Compensation for the physical and emotional distress your child endures.
- Parental Lost Wages: Reimbursement for income lost while providing care and support for the injured child.
- Disability and Long-Term Care: Coverage for disabilities or injuries that require lifetime support.
Choosing the Right Child Injury Lawyer in Indiana
Picking the right attorney is a critical decision that can significantly impact the outcome of your case. Here’s what to look for when selecting a child injury lawyer in Indiana:
☑ Experience in Similar Cases
Choose an attorney with specific experience handling child injury lawsuits. They will understand the nuances of Indiana’s personal injury laws and be familiar with cases involving children.
☑ Proven Track Record
Ask about past cases and settlements. A lawyer with demonstrated success in collecting compensation for clients is a strong sign they can handle your case effectively.
☑ Communication and Empathy
A good attorney will be responsive, compassionate, and supportive throughout the process. They should be able to explain legal terms clearly and keep you informed at every stage.
☑ Contingency Fee Basis
Look for attorneys who work on a contingency fee basis, meaning you won’t pay unless they win your case. This can ease financial stress while you seek justice for your child.
Contact the Indianapolis law office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case review with our experienced child injury attorneys. With over 30 years of experience and millions and millions recovered in settlements, you can trust us to fight for your family’s rights.
Key Mistakes to Avoid After a Child Injury
Parents often make critical mistakes that can weaken their case. Avoid these common pitfalls to ensure the best outcome for your child’s injury lawsuit.
- Delaying medical treatment
- Failing to document the accident scene or preserve evidence
- Accepting initial settlement offers from insurance companies without consulting a lawyer
- Posting details about the injury on social media
Frequently Asked Questions
What types of compensation can I recover in a child injury case?
You may recover compensation for medical expenses, parental lost wages, pain and suffering, and lifetime care for severe injuries.
How long do I have to file a lawsuit for my child’s injuries in Indiana?
The statute of limitations typically extends until the child turns 18. However, acting sooner is essential to ensure evidence is preserved.
What does “negligence” mean in Indiana personal injury law?
Negligence refers to someone’s failure to exercise reasonable care, resulting in harm to another person, such as a child injured on a poorly maintained playground.
How much does it cost to hire a child injury lawyer in Indiana?
Many attorneys, including Craven, Hoover & Blazek, P.C., operate on a contingency fee basis, meaning you won’t pay unless your case is successful.
How can a child injury lawyer help with my case?
A lawyer will guide you through the legal process, gather evidence, negotiate with insurance companies, and fight for maximum compensation on your behalf.
What happens with the settlement or verdict monies?
Depending on the net amount to the child, a guardian may have to be appointed and court approval obtained before a proposed settlement is valid. One parent is usually appointed as guardian over the proceeds and the court will require the guardian and their attorney to ensure and provide proof to the court that the settlement proceeds are placed into a protected account where the monies cannot be removed without a court order before the child turns 18. Once the child turns 18, the child may petition the court to release their settlement monies to them.
PROTECT YOUR CHILD’S RIGHTS TODAY
When your child has been injured due to someone else’s negligence, the road to recovery can be overwhelming. Seeking legal assistance from an experienced child injury lawyer is crucial to securing fair compensation and holding those responsible accountable.
At Craven, Hoover & Blazek, P.C., we’re here to support you every step of the way. Contact us today at 317-881-2700 to book a free initial consultation with a seasoned child injury lawyer in Indianapolis. Together, we’ll fight for your child’s future.
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