Few incidents that can affect a person’s life can have as devastating an impact as an injury to a child. While these injuries can certainly affect the physical and emotional well-being of a kid, they can also have a tremendous psychological effect on parents.
A Wesley Chapel child injury lawyer at Distasio Law Firm is dedicated to holding people responsible who bring harm to kids. Our team of Wesley Chapel injury attorneys could work to gather evidence of negligence or abuse, measure the impact on a child, and demand appropriate compensation through legal action.
The Legal Rights of Children Following Injuries
Every person in Wesley Chapel and across the state has the right to be free from harm inflicted by other people. This includes both accidental injuries and intentional acts of violence. A person’s age does nothing to change this fact.
It follows that children may be able to seek damages for their injuries in many of the same instances that affect adults. Because children ride in cars, travel on bicycles, use consumer products, and trust doctors to perform their duties with competence, a failure on the part of these people to provide protection could entitle a child to financial recovery.
Children are also vulnerable in positions that are unique to people of their age. Schools have a duty to provide protection—both while on school grounds or while riding on a bus. Landowners must also take care to protect children from attractive nuisances that may lead those children to wander onto property. Finally, daycare centers or babysitters who work for a fee assume a duty to take care of that child. A diligent Wesley Chapel child injury attorney could help evaluate the actions of defendants to determine if they are liable for an injury.
What Compensation May be Appropriate Following a Minor’s Injury?
The emotional impact of the injury is often just as severe. Children are often less able to deal with trauma than adults, and even a minor accident may leave them with nightmares or changes in behavior. Child injury cases can demand payments to compensate for these emotional traumas.
Finally, a proactive child injury lawyer in Wesley Chapel could evaluate the impact of the injury on the child’s overall quality of life. This includes the effect on the kid’s schooling or other activities.
No matter how severe or minor the losses may be, all child injury claims must meet the state’s statute of limitations. According to Florida Statute § 95.11, most plaintiffs in personal injury cases must file a claim no more than two years following the incident. However, in the case of child injuries, this time only begins to run once that child turns 18. A legal professional like Scott Distasio could help child injury victims and their families in Wesley Chapel determine when the time is right to demand compensation.
Child Injured in Car Accident
While an auto collision can potentially cause serious injuries for anyone involved, young children tend to be especially susceptible to severe physical harm in situations like this. This is especially common in accidents where young children riding in a vehicle were not strapped into a car seat in accordance with Florida state law—something that could also impact the civil recovery process for injuries suffered in that wreck.
Whatever circumstances led to a child suffering harm in a crash, recovering fairly for child injuries in a Wesley Chapel car accident can be a complicated and challenging process. If you want the best chance possible of getting a case result that protects your family’s best interests, you should work closely with a Wesley Chapel motor vehicle collision attorney from Distasio Law Firm.
Seeking Compensation When a Child Is Injured in an Accident
Assuming no issues with comparative fault, a parent or guardian in Wesley Chapel may file suit over and seek civil restitution for any injuries their child sustained in a car accident caused by another person’s misconduct. Compensable losses may include:
- Costs of medical treatment
- Lost wages
- Lost future working capacity
- Physical and psychological suffering
Notably, though, there are some unique restrictions under state law on how cases like this may settle out of court, as well as how parents and guardians who recover compensation on their injured child’s behalf must manage the funds they receive until that child is old enough to take ownership of the funds themselves. A knowledgeable legal professional such as Scott Distasio could explain what to expect from this sort of litigation in more detail during a confidential consultation.
Reach Out to a Wesley Chapel Child Injury Attorney Today
A child who suffers an injury because of the negligence or abuse of another person has the same right to seek financial recovery as adults. In fact, many portions of the law provide additional protections for injured children. Even so, it is necessary for that child and their parents to meet the legal barriers to collect this compensation.
This applies to accidents that occur in Wesley Chapel, that involve landowners who fail to provide adequate protection, and even schools that allow abuse to affect children. The goal of these claims is to collect the payments needed to take care of medical bills and account for emotional trauma.
A Wesley Chapel child injury lawyer at Distasio Law Firm could help families pursue these claims. Our committed team of attorneys could handle every portion of these often-emotional cases to promote a powerful case to insurance adjusters during settlement talks and in potential trials. Contact us today to schedule a private consultation.
