Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

Posted on July 9, 2024 by admin

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

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Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who specializes in child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

How to Prove Negligence in a Child Injury Case

Posted on April 11, 2023 by admin

No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.

In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.

Call 317-881-2700 to Speak With a Child Injury Lawyer in Indianapolis

3 Important Elements of Proving Negligence in a Child Injury Lawsuit

>Duty of Care

When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.

>Damages

In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.

>Causation

Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.

Defining Negligent Supervision

Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.

If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.

Common Damages Awarded in Child Injury Cases

Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.

Hire a Child Injury Attorney to Protect Your Rights

When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.

Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Facts About Wrongful Death Statutes in Indiana

Posted on April 4, 2022 by admin

Years ago, there was no legal recourse for those who lost a loved one in a wrongful accident. Back then, when a personal injury victim died, the right to claim damages for any resulting losses suffered by the family was lost as well. Widows, children, dependents, and next of kin were finally given justice in such cases when Indiana passed its first Wrongful Death Statute. Since passing the Indiana Wrongful Death Statute, two more relevant statutes have been passed that give wrongful death survivors additional rights to a personal injury settlement, the Indiana Adult Wrongful Death Act and Indiana Child Wrongful Death Act.

Continue reading to learn facts about all three Wrongful Death Statutes in Indiana, plus how to verify your rights to pursuing a claim after the loss of a loved one.

Wrongful Death Litigator Indianapolis Indiana 317-881-2700

Indiana Wrongful Death Claims

If a person or business is negligent in a way that directly causes another person’s death, it is considered a wrongful death accident. Wrongful death accidents are caused by many types of negligence, such as recklessness, inaction, product or manufacturing defects, medical malpractice and even intentional torts like assault. When a person loses a loved one in a wrongful death accident, certain persons have a right to bring about a negligence suit for the purpose of obtaining compensation for their damages and losses. Although it varies from state to state, here in Indiana, the law specifically defines eligible wrongful death claimants to be spouses, children, and dependents.

Examples of damages and losses suffered by those who have lost a loved one to a wrongful death accident generally include pre-death hospital bills and medical expenses, funeral and burial costs, loss of financial support, loss of future earnings, loss of employment benefits, loss of consortium, loss of emotional support or care, and similar expected economic losses.

Wrongful Death Statutes of Indiana:

The Indiana Wrongful Death Statute

Indiana Code § 34-23-1 is the basic wrongful death statute of Indiana. Under this act, a “personal representative of the estate” is the party permitted to file a wrongful death lawsuit. Such representatives include spouses, children, and dependents. Additionally, there is an established statute of limitations for filing a wrongful death suit that gives claimants two years from the date of the accident that resulted in the loss of their loved one. A unique element of the Indiana Wrongful Death Statute is that there is no cap on damages. A judge or jury can award whatever settlement they deem fit without limitations.

The Indiana Adult Wrongful Death Act

This wrongful death statute is reserved for adults, which the state defines as anyone over the age of 20, or anyone over the age of 23 but still in college, and who is also unmarried and has no dependents. Under this statute, a personal representative must also be the one to file suit, and they have two years from the date of the accident that caused the death to do so. In contrast to the general wrongful death statute of Indiana, the Indiana Adult Wrongful Death Act sets a maximum recovery cap of $300,000.00 on such cases. Additionally, there are some damages that are excluded, such as lost earnings, pain and suffering, mental anguish, and punitive damages. The judge and jury also specify how much each person gets in damages if the lawsuit involves more than one child or parent.

The Indiana Child Wrongful Death Act

Indiana Code § 34-23-2-1 wrongful death act is reserved for children who have lost their lives to a negligent accident caused by another. The state defines a child as someone not married and without dependents, plus younger than 20; or younger than 23 and enrolled in a post-secondary educational institution; or younger than 23 and attending a career and technical educational program. Parents and guardians are permitted to file a wrongful death lawsuit under this statute, and they have 2 years to do so from the date of the accident. As for damage caps, the limit is not set by a monetary amount, but rather, how long the child had before they crossed over into adulthood. There are also limitation to the types of damages that can be awarded in child wrongful death cases.

Have you recently lost a loved one to a wrongful death accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis IN wrongful death attorney you can trust. Wrongful death cases are complicated so you should obtain representation immediately. We represent clients throughout the State of Indiana.

What to Do if Your Child Was Injured Because Another Adult Was Negligent

Posted on June 21, 2021 by admin

Children are on a continuous learning curve, as they have new and curious experiences every day. For this reason, children of all ages require adequate supervision at all times; this is especially critical in younger stages of life when kids are at a much higher risk of being injured in accidents. When such injuries and accidents occur as a result of an adult’s negligence, it could very well be considered grounds for a negligent supervision claim under tort law.

If your child was recently injured because another adult was negligent, reckless, or otherwise careless, continue reading to learn your rights for pursuing legal action against them for the sake of recovering from the at-fault party’s insurance carrier the full and fair compensation they deserve for their damages and losses.

Indianapolis IN Child Injury Attorneys 317-881-2700

Negligent Supervision and Child Injury Claims

It is impossible for parents to be with their children all hours of the day, every single day, 365 days a year. For the sake of having a career and a social life, parents commonly entrust their children to the care of babysitters, daycare providers, schools, family and relatives, and similar sources of childcare. So, when accidents happen to children while in the custody of an entrusted caregiver, the question of negligence is a common occurrence; especially when a child’s injuries lead to significant damages and losses in the child’s and family’s life, including hospital bills, medical expenses, pain and suffering, lost wages for missing work, and much more.

Inadequately or not providing supervision for a child that is ultimately injured in their care places a person at fault in a negligent supervision lawsuit. Caregivers, whether professional or non-professional, take on a legal duty of care when they accept responsibility for watching a child. They must uphold this duty of care by ensuring that the child is safe and protected from any foreseeable hazards in their surrounding environment.

An example of negligent supervision would be if a child drowns in a swimming pool while being babysat. Another example of negligent supervision would be if a child suffocates from swallowing a toy at daycare. Both of these instances hypothetically occur because the child wasn’t being properly monitored and supervised while in the care of a sitter or daycare employee. In any case of negligent supervision, a caregiver breaches their duty of reasonable care for a child, thus resulting in a child sustaining serious injuries or even dying.

Most Common Types of Child Injury Cases:

▷ Swimming Pool/Drowning Accidents
▷ Falls From Heights
▷ Defective Toy/Playground Accidents
▷ Dog Bites/Attacks
▷ Household Poisoning Incidents
▷ Firearm/Gun Incident

Indiana Child Accident Lawyers

If your child was injured while in the care of another adult, and it occurred because that adult was careless or reckless in some way or another, it is important that you contact in Indiana Child accident lawyer right away. There is a statute of limitations that restricts how long you have to file a claim against an at fault party in order to recover compensation for your damages and losses. Aside from the statutes of limitations for your personal injury claim, it is important to speak with a lawyer as soon as possible before evidence is lost for the case.

Not sure which personal injury law firm to trust with your child injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an expert child injury accident attorney in Indianapolis, Indiana. We represent the families of injured children, the child, and the families of children who are deceased as a result of the negligence of another throughout the state of Indiana and Indiana residents who are injured in other states.

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Where to Find Legal Guidance for Your Child’s Injury Claim in Indiana

Posted on June 19, 2020 by admin

Naturally, when we hear our child has been seriously injured in an accident, we fear the worst and hope for the best. No one wants to discover that their kids have been involved in an accident at any level, nonetheless a serious one. To make matters worse, many children are injured as a result of another person or entity’s negligence and lack of care here in the Hoosier state. When this happens, we want details and justice all at the same time. In this case, it is wise to consider making a personal injury claim to recover the compensation your child deserves for the losses, damages, and suffering.

Continue reading to learn what you need to know about finding legal guidance for your child’s personal injury claim in Indiana.

Indiana Child Injury Lawyers 317-881-2700

Who Files a Personal Injury Claim for a Minor?

Parents and legal guardians have a constitutional right to pursue a lawsuit on behalf of their injured children or teenagers. If a minor is unjustly and carelessly injured through no fault of their own or even in the situation where your child may be partially at fault but the other driver is at least equally at fault, your child may be entitled to legal compensation for relative damages. Damages general damages, economic and non-economic damages, compensatory and punitive damages, and more. See our blog, “Legal Facts About Pain and Suffering Damages in Indiana” to learn more about calculating pain and suffering damages in a personal injury case.

Wrongful Death or Injury of a Child

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating cases, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Talk to a Licensed Accident Lawyer for Professional Legal Guidance

A licensed and experienced personal injury attorney can assist families with injured children with filing a claim against a negligent party’s insurance company. They have the proper resources, knowledge, and experience to successfully win your case and recover compensation for your damages or your child’s damages. Our goal is to recover full and fair compensation for the injuries and damages sustained and suffered by our injured clients. We will handle all negotiations with opposing insurance companies and their adjusters and attorneys in order to settle out of court. If we cannot come to a full and fair settlement outside of court, we will take your case to trial and let a jury decide the case.

The Cost of a Personal Injury Lawyer

Many parents want to pursue a lawsuit or personal injury claim for their children’s accident and injuries, but they do not in fear that they cannot afford legal services. Fortunately, most accident attorneys, such as ourselves, work on a contingency fee basis. This means we do not collect any legal fees unless we prevail and win your family compensation. See our blog, “What are Contingency Fees?” to learn more about personal injury costs.

From the settlement or judgment, you pay the attorney for our services. If we do not win your case, you owe us nothing. Injury lawyers also offer free initial consultations to assess your case and determine your child’s eligibility for remuneration. If they feel you have a valid claim and believe they can win your case, they will represent you for free until you receive your recompense.

Your Trusted Indianapolis Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for your child in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you and your child deserve after your minor child has been seriously injured in an accident caused by the carelessness of another. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today. We represent injured persons throughout the State of Indiana.