Personal Injury Suits When the Victim is a Child

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Little child boy with plaster bandage on leg heel fracture or brApproximately two months ago the South Carolina Department of Health and Environmental Control wrapped up an investigation into The Learning Vine daycare in Greenwood, South Carolina. The investigation was launched in the wake of the death of a two-year-old toddler who attended the daycare and developed an E. coli infection (the child later died from complications). In total, seven children were confirmed to have developed an E. coli infection while attending the daycare; two of these children required hospitalization.

When Your Child is Injured or Killed

Nothing is as traumatic for a parent than watching your child suffer injuries or die, especially when the cause is the careless and negligent actions of another. You bear the cost and burden of not only your own trauma but also the injuries of your child: your child’s pain, hospital bills and medical costs along with your own pain and suffering and time missed from work.
Just like an adult can file a personal injury lawsuit for the injuries and losses he or she sustains, you too can file a lawsuit to recover your own losses and injuries resulting from the injuries to your child. You may be entitled to compensation for medical expenses you pay on behalf of your child, lost wages, any lost future earnings if you cannot return to work full time.
However, your child is different. A minor child cannot file a lawsuit on his or her own and cannot directly receive damages and compensation that is awarded. Instead, he or she must rely on a parent or other adult to file and prosecute a personal injury lawsuit on behalf of the minor child. The person who does this is called the child’s “next friend” (a legal term which simply indicates the person is an adult acting on behalf of the child).

Some Personal Injury Lawsuits for Children Are More Difficult Than Lawsuits for Adults

When you are injured, you are aware of what happened (in most cases): you observed the other driver run a red light or knew that the neighbor often let his or her dog run loose in the neighborhood. But when your child is injured or killed while out of your sight, particularly if he or she is very young, it can be difficult to determine what happened.
Assistance from a personal injury attorney can be crucial in determining how your child was injured or killed. Oftentimes experts are needed to analyze the facts and circumstances of the incident, including the specific injuries the child suffered, in order to find how your child was injured. This testimony is crucial in being able to recover compensation for your child’s injuries. Your personal injury attorney is experienced to know what experts may be necessary in your case and will likely have connections to experts in relevant fields.
David R. Price, Jr. is committed to helping parents of injured children recover compensation for their children’s injuries as well as for their own losses and injuries. Contact his office by calling (864) 271-2636 and learning how he can assist you and your family recover from an injury to your child.


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