Injuries among children are a major cause of visits to the emergency department and hospital admissions. But while accidents happen, some children will experience life-changing injuries, and around 12,000 children will die every year in the US. Certain injuries will likely lead to a personal injury claim when someone else’s negligence has led to a child being hurt, but many parents and caregivers are hesitant to proceed with making a compensation claim because they are not sure whether they are entitled to claim or because they don’t have the funds to pay legal fees. This could mean that their child loses out on the compensation they deserve. It’s therefore crucial that you know the most important things about how to go about seeking compensation for your child in the event of an injury.
The process for getting compensation for a child under 18 does vary from state to state. However, a child generally has the right to claim compensation for the same range of damages in a personal injury claim made by an adult. This includes payment for pain, suffering, permanent injury, disability and emotional distress. A parent can also seek compensation for medical bills they paid on their child’s behalf. While injury is the number one killer of children and teenagers in the US, many people are concerned about how they will be able to afford a lawyer if they choose to make a personal injury claim on behalf of their child. If you undertake a retainer agreement with a lawyer, you pay them a lump sum before they begin work on your case. The lawyer will then withdraw fees from this payment until the retainer comes to an end. When you pay an attorney by the hour, they will give you an hourly rate and charge you for whatever time they spend on your case. Legal experts from FVF Law advise that anyone looking to make a personal injury claim should look for a lawyer who will represent them under a contingency fee arrangement. This means you don’t have to worry about paying your lawyer unless you receive compensation, and can defer payments to them until you receive your settlement.
The highest known compensation payout for a child facing life-changing injuries in a personal injury claim was awarded to Robbie Middleton. The record payout of $150 billion was awarded to Robbie’s family after he passed away due to complications from his injuries 12 years after he was attacked at the age of 8. The biggest medical malpractice compensation claim was awarded to Tiffany Applewhite, who received $172 million in damages after she suffered brain damage waiting for an ambulance to reach her. The first ambulance that was dispatched to her was inadequately equipped, and a second ambulance was required. She was also given the wrong medication, which sent her into anaphylactic shock. The biggest payout for a road accident was a record $262 million following a claim made the family who was killed in a road accident. But while these are huge figures, settlements and court awards generally range from $3,000 to $75,000 for a personal injury.
Getting compensation after your child has been injured can be a lifeline to help them and the rest of the family get the maximum assistance to rebuild your lives and cope with the new situation you now face.