Fairmont Child Injury Lawyer
An injury to a minor could be devastating for both the child and the parents. The emotional impact of an injured child can turn a family’s life upside down as they adjust to the medical worries and the significant financial hardship that can arise from those worries. Treating injuries at any age might be costly, but those affecting a child could be time consuming, as well.
A personal injury lawsuit might be the last thing on your mind after your child suffers a serious accident, but a seasoned personal injury attorney could take the stress of a lawsuit off your shoulders. With the guidance of a Fairmont child injury lawyer, you could hold the person who injured your child accountable and receive compensation for the time and money lost due to the accident.
Understanding Child Injuries
Serious injuries involving children are possible even when they are under careful supervision. Children lack the motor skills and decision-making ability of adults, and these factors can lead to injuries when parents least expect it. In some cases, however, a child’s injuries would have been avoidable were it not for the actions of another person. When a negligent individual causes a child’s injuries, a Fairmont attorney could help pursue monetary compensation from those responsible.
Common factors provoking children’s injuries include:
- Car crashes
- Dangerous or toxic products
- Medical errors
- Hazardous conditions
When a child is injured severely, it could affect them in the future. The challenges that they face could be minimized to some degree with the relief of a successful injury lawsuit.
When to File a Child Injury Lawsuit
When the guardian of a child wants to file a viable personal injury claim, they are subject to strict time limits. The deadline to file suit – known as the statute of limitations – expires on a specific date following an accident. In Fairmont, the deadline expires two years from the date a person discovers their injuries. Discovery typically occurs on the date that the injury happens.
Missing the deadline to file a lawsuit can have detrimental consequences on the legitimacy of an injury claim. When a plaintiff fails to file on time, the defendant’s attorney will likely move to dismiss the complaint immediately. In most cases, the court must dismiss these untimely claims with prejudice, meaning a plaintiff could lose out on the ability to ever recover compensation for their injuries, no matter how strong their case might be. It is imperative for the victim’s guardians to contact a Fairmont child injury attorney as early as possible to avoid getting the case dismissed.
Parents must keep in mind that the rules with injury claims are different for minors. If the adults caring for the injured minor do not file a lawsuit on behalf of their child, the minor has a substantially longer period of time to file their own suit due to the unique way state law addresses the statute of limitations for minors. The statute of limitations does not begin to expire until the 18th birthday of the injured minor. Once 18, minors have two years to file a personal injury lawsuit for the accident.
Work with a Fairmont Child Injury Attorney
While minors face some flexibility in the filing of an injury lawsuit, the reality is that delaying these claims is rarely beneficial. Evidence of negligence can disappear over time and witnesses can forget what occurred.
To help maximize your child’s financial recovery after an accident, it is important that you comply with every legal deadline. To avoid the consequences of a delayed lawsuit, reach out to a Fairmont child injury lawyer right away.