A child dies from an unintentional injury every hour in the US, with falls the most common type of
injury, leading to 8,000 ER admissions every day. As a parent, your top priority is protecting your
child. So, when your child suffers an injury, your first instinct is probably to do everything you can to
help them recover. While medical attention is obviously critical, there are also legal considerations
that could impact your child’s long-term wellbeing. Understanding when to hire a personal injury
attorney after your child’s injury is an important part of being an advocate for them.
Significant or Permanent Injuries
If your child suffers an injury that is severe, causes permanent damage, or requires extensive
medical treatment, you should strongly consider consulting with an attorney. Significant injuries like
brain trauma, broken bones, burns, spinal cord damage, or the loss of a limb can have lifelong
implications, and 475,000 children aged 0-14 suffer a TBI every year, of which 2,685 die. Your child
may require multiple surgeries over many years, ongoing therapies and rehabilitation, adaptive
equipment, and more.
An attorney can help you build the strongest possible personal injury case against any negligent
parties. This can make a major difference in your child’s long-term quality of life, ensuring they have access to all the medical care and support they need. A personal injury attorney may also be able to
obtain a structured settlement for your child, providing for their future educational and living expenses.
Someone Else is Liable
If another person, company, or entity is liable for your child’s injury, hiring an attorney is highly
recommended. For example, if your child was injured in a car accident caused by a negligent driver,
or by a dangerous product like a defective toy (there were 209,500 toy-related injuries in 2022),
legal action could hold the at-fault party financially accountable. An attorney can negotiate a fair
settlement or take the case to court if needed, increasing the potential recovery for your child. They
can also handle communication with insurance companies on your behalf.
Ongoing Expenses
Even if your child suffered a relatively minor injury, if there are ongoing medical expenses related to
the incident, speaking with an attorney might make sense. For instance, if your child broke their leg
and requires multiple follow-up appointments for physical therapy, an attorney may be able to get
the liable party to cover these costs. While you can attempt to negotiate on your own, insurers are
often more responsive when a lawyer is involved.
Concerns About Injury Compensation
If an insurer or liable party has made you an offer to compensate for your child’s injuries, but you
are unsure if it is adequate, consult an attorney. An experienced personal injury lawyer can evaluate
the offer and the value of your case. If they believe your child deserves greater compensation, the
attorney can negotiate for a higher settlement. Their expertise provides important protection
against you accidentally settling for less than your child deserves.
Even in less clear-cut situations, hiring an attorney can provide reassurance that your child’s
interests are being protected. An attorney’s guidance can give you confidence that you are making
the right decisions during a difficult time. Many personal injury attorneys offer free initial
consultations, so there is little risk in at least discussing your options.
Every situation is unique when it comes to incurring an injury. But as a parent, keeping your child’s
best interests at the forefront includes understanding when legal representation could make a
positive difference in their recovery and long-term wellbeing.
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