Because children lack the legal capacity to file personal injury claims, their parents or guardians bear the responsibility of pursuing those claims when their children get hurt in accidents caused by other parties’ negligence or fault. Knowing what to expect when pursuing a personal injury claim on behalf of your child can help your family secure the compensation and justice your child deserves for getting injured in an accident due to another party’s negligence.
Seek Immediate Medical Attention
First, you should seek immediate medical attention for your child by taking them to the hospital or their pediatrician as soon as possible. Seeking prompt medical treatment for your child will ensure they begin healing from their injuries. Prompt medical attention will also ensure that your child’s doctor can diagnose their injuries and link them to the accident. Waiting to take your child in for treatment risks aggravating their medical condition and giving an at-fault party or insurance company a basis to argue that the child’s injuries occurred in another accident.
Gather Evidence and Identify Liable Parties
You should gather evidence that may prove relevant in a personal injury claim for your child, such as police reports, accident scene photos/videos, surveillance footage, accident/incident reports, and eyewitness statements. You should also identify parties who may bear responsibility for causing your child’s injuries or liability for losses resulting from those injuries.
Document Your Child’s Injuries and Losses
Documenting your child’s injuries begins with requesting copies of your child’s medical records of their treatment and rehabilitation. You might also obtain a narrative letter from your child’s treating physicians to describe their injuries and link them to your child’s accident; your child’s physicians can also discuss your child’s recovery, future anticipated care, and permanent impairments that have resulted from their injuries.
You should also document your family’s losses that you incur during your child’s recovery, including:
- Medical treatment and rehabilitation expenses, including hospitalization, surgeries, medication, or physical therapy
- Costs of long-term disability care, such as home health services or disability accommodation (e.g., wheelchairs, home renovations, family vehicle modifications, etc.)
- Special education expenses
Your child may also recover compensation for the pain and suffering they endure due to their injuries, disabilities, or disfigurement/scarring. Your family’s testimony can help establish the effect that your child’s accident and injuries have had on their life.
Consult a Personal Injury Attorney
Your family should talk to a personal injury lawyer as soon as possible after your child’s accident to discuss your legal options for seeking financial recovery for your child’s injuries and losses. A personal injury lawyer can help you investigate your child’s claims, identify potentially liable parties, and pursue settlement negotiations to get your child the financial resources they need sooner. A personal injury attorney can also represent your family in court if you must pursue your child’s claims through a lawsuit.
File Your Child’s Personal Injury Claim
Finally, your family can file a lawsuit to pursue your child’s personal injury claim. Pennsylvania’s statute of limitations requires an accident victim to file a personal injury lawsuit within two years. However, state law tolls (pauses) the statute of limitations for a child until their 18th birthday. However, because your family may not have the ability to wait years for your child to file their personal injury claim, you may file a lawsuit on behalf of your child as their parent or legal guardian.
Contact Our Firm Today to Discuss Your Options
When your child has suffered injuries in an accident in Philadelphia, your family needs experienced legal guidance and advocacy to fight for the financial resources your child needs for their recovery. Contact the Law Office of Jason Javie today for a free, no-obligation consultation with a knowledgeable personal injury lawyer to discuss your family’s legal options.