Since 1931 Kataz Kantor Stonestreet & Buckner, PLLC 304-431-4050

When Your Child is Injured in a Personal Injury Accident

Punitive Damages: Are They Available to You in Your Case?

No matter what type of accident takes place, there are always worries and concerns that you will receive the treatment you deserve and be able to move forward. What happens if you have been involved in an accident and your child has been injured? Personal injury claims always tend to be more complicated when they involve children due to the various factors involved in these cases.

Children and Common Injuries 

Children are more likely to experience certain injuries more so than adults. For instance, infants are more likely to suffer from serious traumatic head injuries in accidents, and could sustain even more serious injuries if they are not strapped into their seat properly. Children are more likely to be seriously injured due to the force of a car accident, which might mean that bones will be broken or a child could even be knocked unconscious. They are still small and their bodies are still developing, which is why they need special care in these cases.

Can You Pursue a Claim?  

When Your Child is Injured in a Personal Injury AccidentChildren are not permitted to file a claim for their injuries if they are under 18 years of age. Instead, a parent or guardian is supposed to file a lawsuit on their behalf if they have proven damages. The funds that a child receives through a lawsuit will be put in a trust for the benefit of the child as they go through life and face their injuries. For instance, if your child receives permanent and disabling injuries, they will be able to use this compensation that is set aside for them to pay for future medical bills, rehabilitative services, equipment used to get around the house, and more.

However, to receive compensation, parents must be able to show that the defendant owed a legal duty of care to the victim and that this duty was breached. This means that, in the event of a car accident, the duty of care would be driving with a certain amount of care that all other motorists would use on the roadways.

The same can be said in a situation where a parent loses a child due to the negligence of another party. The parent will have to move forward with a wrongful death claim that will cover expenses like medical bills incurred, funeral expenses, loss of future income, pain and suffering, and more.

One thing that parents must keep in mind is the statute of limitations and how long a parent has to file a claim. The statute of limitations changes when it comes to children, as they are usually permitted to wait when it comes to filing a claim, unlike adults who only have a strict amount of time to do so. This is why it is important to speak with an attorney immediately.

Gaining Help with Your Claim 

At Katz Kantor Stonestreet & Buckner, we want to stand by your side every step of the way to ensure that your child receives the compensation they deserve. We want to help you ensure that critical pieces of evidence are preserved in your case and that you speak with an attorney who is able to work with the insurance companies. Contact us for more information on how we can help you through every step of this process at 304-431-4050.

Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.

Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. Accidents do happen and we hope these posts help those affected. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.

Katz, Kantor, Stonestreet & Buckner, PLLC is located in Princeton and Charleston, WV and serves clients in and around such cities as well as southern West Virginia including but not limited to the counties of Mercer, McDowell, Raleigh, Summers, Monroe, Kanawha and Wyoming.

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