What to do when your child is injured?

Child Injury Attorneys Supporting Parents and Families throughout Monmouth and Ocean County NJ

Most parents would do anything for their children. As every parent knows, they do everything from providing complete love and support, to providing necessities such as food, clothing, and medical care. In addition to providing these needs, parents are also responsible for assisting their children in any legal claims regarding personal injuries sustained as a result of negligence. When your child has been injured, it is important to know that he or she may be entitled to financial compensation for injuries caused by the negligent actions of others. However, there are things parents need to know and do in the event that their child is injured. This article will discuss what parents can do to protect their child’s personal injury claim in the event of an injury. 

What should I do if my child is injured and I suspect negligence?

Seek medical care

If your child has been injured as a result of negligence, he or she might be entitled to financial recovery.  There are things that you can do to assist your child in their overall well being while simultaneously protecting any legal claim they may have.

If your child is injured, do not delay; seek immediate medical treatment. Obtaining immediate medical care will not only insure the safety of your child, but it will provide you with peace of mind.  While at the hospital or doctor’s office, you must assist the doctor in communicating with your child. It is therefore important that you accurately recall the events that transpired resulting in your child’s injuries. Describe the events to the doctor and similarly describe how your child is now behaving or feeling (obviously, in your opinion). It is important for you to effectively communicate with the doctor because many children, especially the younger ones, may not have the vocabulary to articulate how they are feeling. The child may be suffering from an injury that he or she cannot describe. However, you as the parent, know your child and can explain the injuries as well as any change in behavior. The doctor may make certain recommendations or perform certain tests based on your report of the facts and injuries. 

Taking the child to the hospital will prove invaluable to both you and your child.  A doctor can test for injuries such as broken bones, sprains, lacerations, and head injuries.  Aside from checking for injuries, the doctor can also provide you peace of mind in knowing that a professional is providing care and support. 

Follow through on Doctor prescribed follow up or specialist treatment

After seeing the doctor, you must follow through with all the recommended care. The doctor may order you to see a specialist or to return for a follow-up visit. 

In addition to seeking medical care,  you should pay attention to changes in your child’s physical well-being, as well as his or her emotional health.  Document changes in personality, sleep, or overall well-being by utilizing a journal or notepad on your cell phone.  This documentation will help not only with keeping your child healthy and well after the injury but can also help with any possible legal compensation.

Can I sue on behalf of my child?

If your child has suffered an injury, he would need a parent or guardian to sue on his behalf. You have the right to seek legal compensation on behalf of your child for injuries sustained as a result of the negligent acts or omissions of another party.  Our attorneys can advise on timing, procedures, and compensation in lawsuits. 

Generally speaking, a parent does not have to sue immediately after a child is injured. However, there are statutes of limitations that could bar recovery if the law is not followed in filing suit.  For example, in many cases, the child’s parent may sue up until the child’s 18th birthday, or the child may sue within two years after his 18th birthday. Not all injuries are known at the time of the incident and the severity can become more pronounced over time.  In some cases, what appears to be a minor injury can turn into a major impairment over time, which is why some people may not immediately proceed with filing a lawsuit. Children especially may have injuries that are not immediately known because as their bodies grow, so do the impacts of certain injuries.  

While some people may not be obligated to file suit immediately, others may be barred from recovery for failing to file a claim sooner. For instance, if the child is hurt on the public or governmental property, the public entity would have to be put on notice of the injury almost immediately. Failing to provide notice of a potential suit to the public entity could result in a claim being considered no longer valid. As noted, the law can be complicated and it is, therefore, best to seek the advice of an attorney in determining what your legal rights are and knowing how much time you have to file a claim.  Our experienced attorneys can guide you through this process and ensure you avoid any obstacles and legal bars to financial recovery. 

Keep accurate records

In addition to talking to an attorney about your case, you should collect and keep all documents related to the case. Take photos, write down the names of witnesses, and keep all medical records.  If there were witnesses who saw the event, recall their account of what happened. Be sure to accurately recollect what you saw as well. Take this information to your attorney as it may become important in the case against the person(s) responsible.  These documents may truly make the difference in your child’s case.

Obtaining legal assistance

Your child’s future could be impacted or limited by their actual injuries and it is imperative that you seek medical and legal advice to protect their future.  For example, in some cases, such as spinal cord or brain injuries, a child’s earning capacity may be substantially impaired and the costs for medical care may be so extreme that parents cannot financially manage. The law allows for financial compensation for persons who are wronged by the conduct of another, including your child. This type of compensation may be absolutely necessary to provide for their future needs.   

Just as you would provide education, food, and shelter to your child, you should also obtain legal assistance. Seeking legal assistance after they have suffered injuries that did not have to happen is no different. Contact our office today to discuss your rights and how we can be of help.

Retain a seasoned Personal Injury Attorney in West Long Branch NJ Today

At Chamlin, Uliano & Walsh, our team of attorneys is experienced in supporting and representing our clients who are facing consequences of injuries for personal injury events in Red Bank, Freehold, Long Branch, and Monmouth County.

To connect with our firm today in a confidential and comprehensive assessment of your case, please contact us online, or through our West Long Branch office at 732-440-3950. We look forward to supporting you.