Minor bumps and bruises come with being a child. Kids fall and bang themselves up regularly. But if your child sustained a serious injury due to another party’s misconduct, that’s a different matter entirely.
In such a situation, you should look at your legal options. You may be able to file a child injury claim and obtain compensation for your child. An Albany child injury lawyer from Morelli Law Firm can help you file your claim, pursue compensation, and represent your child’s needs. Connect with us or keep reading to learn more about how we can help.
Types of Damages You Could Recover in a Child Injury Case
Your child’s medical care may have cost you a lot of money, or it may still cost you money. Additionally, more expenses may be related to the incident and your child’s injuries. An attorney for child injuries from our firm can help you recover the damages you’ve incurred and will incur in the future.
Lost Income to Care for Your Child
Staying home with your child means missing valuable time at work and losing some of your income. Lost income can be your lost salary and lost commissions, employee benefits, tips, promotions, and more.
Loss of Earning Capacity in the Future
If your child suffered a severe injury with long-term effects, you might not be able to work as much or in the same way as you used to. If this is the case, you may be able to recover compensation for the harm done to your earning capacity and your loss of future income.
Your Child’s Pain and Suffering
Even though your child’s pain and suffering may seem impossible for you to quantify, they can be included in your claim or case’s value. We will help you calculate this expense based on your child’s accident, injuries, treatment, and need for future care.
Your Child’s Disability
Since the incident, your child may not be able to move or even live independently. If this is the case, we can help to quantify this kind of disability. This damage is intended to account for your child’s wellness, condition and the hardships your child may have.
The types of damages we mentioned are only some of the potential damages you may be able to recover. If you would like to pursue other damages, one of our lawyers can evaluate their applicability in your claim or case. The lawyer may also be able to identify other losses you have not considered also.
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Determining the Value of Your Child Injury Claim
The value of your claim will depend on the severity of your child’s condition and the expenses associated with it. To help our firm determine the value of your claim, you can start by gathering the bills, receipts, paperwork, and medical files related to the incident and your child’s injuries. Then, we can take a close look at these items for you.
After we have evaluated certain aspects of your claim, we can calculate the total value and begin the claims process. We can also file the claim with the insurance company and negotiate with them or in court, if necessary.
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Proving Negligence Caused Your Child’s Injuries
In all injury claims, a concept known as negligence applies to both adults and children. Negligence is simply a party’s failure to act in a reasonably safe manner so as to avoid causing other people harm. Unfortunately, proving negligence can be a complex procedure.
You Must First Prove Duty of Care
The party you are filing the claim against must have owed your child what is referred to as duty of care. This is a legal obligation for a party to adhere to a standard of reasonable care if the party is doing anything that may risk harming other people. For example, your child’s school owes your child a duty of care because your child is under their care and protection from harm.
You Must Also Prove a Breach of Duty of Care
The party you are filing against must have failed in upholding its duty of care. For instance, if a daycare worker didn’t appropriately supervise a child who then ran into the street, this is a breach of the worker’s duty of care.
We Must Prove Your Child’s Injuries Happened As a Result
Your child’s injuries must have been caused by the other party’s breach of duty of care. So long as the party was careless and your child’s injuries are related to that carelessness, you will have part of the basis for a claim. To help prove carelessness and causation, your child injury attorney may be able to use testimonies, security camera footage, and other sources of evidence.
We Must Prove that Your Child Suffered Damages
Your child must have sustained harm that is considered compensable. Your lawyer can use medical files and other information to prove damages.
Understanding the Unique Challenges Child Injury Cases Can Present
Child injury claims can be complicated since so many factors can be involved. For instance, with a case involving bullying and abuse, there may be both a criminal and civil case. There may be shared fault in some child injury cases too. A lawyer from our firm will know how to navigate your child injury case and help acquire the compensation due.
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New York Law Limits Your Time to Take Legal Action Against the At-Fault Party
Under the personal injury statute of limitations in New York, parents have three years from the date of the initial incident to file a lawsuit, according to CPLR § 214. So, when you get the help of one of our lawyers right away, you give us the chance to help you meet the deadline just in case we need to file a lawsuit.
Get Help from a Child Injury Attorney in Albany Today
For a parent, a child’s injury is very stressful. However, you do not have to deal with the other party or the insurance company on your own. Turn to Morelli Law Firm instead.
A child injury lawyer from our firm can represent you and your child’s needs and pursue the compensation you both need and deserve. Our case results list a few of the verdicts and settlements we secured for our clients. We can tell you more during a free consultation when you call us at (212) 751-9800.