Virginia Child Injury Lawyer
Children are among the most vulnerable members of our society. Beyond being potentially injured in ways that can affect any adult, children are exposed to hazards and dangerous situations that are unique to the kid lifestyle. Luckily, the procedures and legal theories for how children can demand compensation for their injuries are nearly identical to those for adults.
A Virginia child injury lawyer could help children and their families hold the people responsible for their injuries liable in civil courts and protect them from aggressive insurance companies. If a person’s child has been injured due to someone else’s negligence, they should consult a passionate personal injury attorney that could work towards a positive outcome for them.
How can Children Become Injured?
From the moment that they are born, children are exposed to many of the same hazards and dangers as adults. Indeed, we keep our children by our side in an attempt to keep them safe from accidents. However, even the most over-protective parents cannot shield their kids from the unforeseeable.
The very nature of many personal injury claims is that a person is injured due to no fault of their own. This means that they were unable to protect themselves from the actions of others. The vast majority of child injury cases involve the negligence of other people. The at-fault party did not intend to cause injury, but nevertheless, injury did occur.
To win a negligence case, a plaintiff must prove that the defendant owed them a responsibility to care for their wellbeing and that a failure of this responsibility resulted in an injury. Examples of claims based on negligence include:
- Car accidents
- School bus accidents
- Dog bites
- Slips and falls
All of these accidents have their own particular requirements to win a case and a Virginia child injury lawyer could work to identify the proper causes of action to obtain the compensation needed to make things right.
Considerations in Child Injury Cases
An initial first step for any personal injury case is to identify the proper plaintiff. For the vast majority of claims, this is simple: the injured person is the plaintiff. However, when a child is injured, the case becomes slightly more complex. A parent or legal guardian must file the claim on behalf of the child. This is usually a formality that is easily accounted for upon opening a claim.
However, many industrious sixteen or 17-year olds may attempt to take matters into their own hands or established clients may turn eighteen during the course of proceedings.
Statute of Limitations in Child Injury Cases
Another aspect of the law that all potential clients should be made aware of is the statute of limitations. This is a fancy term that means a plaintiff has a limited time after the incident to file a case in court.
Under Virginia Code 8.01-243, plaintiffs are given only two years from the date of injury to enter the complaint in court. While many cases never need to go to court and end with an appropriate settlement, insurance companies are well aware of this rule and will not negotiate a settlement if the time limit passes. The statute of limitations may be tolled, or paused when the plaintiff is under certain legal disabilities. Being a minor is caused a disability in the eyes of the law and it is important to discuss potential statute of limitations concerns with an experienced attorney.
Benefit of a Virginia Child Injury Lawyer
All parents wish the best for their children and will do anything to protect them. Unfortunately, accidents do happen that can result in serious injuries that cause lasting harm. Whenever these injuries are caused by the negligence or criminal acts of another, the injured person has the right to collect damages.
A Virginia child injury lawyer could help kids and their families to pursue defendants and insurance companies in both settlement negotiations and court cases. There is a short time limit to file a claim so do not wait, contact an attorney today.
