As a parent, you likely do what you can to protect your child from harm. However, you can’t control all factors that might put their safety at risk. It’s possible your child will one day be hurt because another party is negligent. Or, they might get hurt in a motor vehicle accident, an accident involving a defective product, or other such incident.
You may be able to take legal action on behalf of your child in these circumstances. Depending on various factors, you might be able to file an insurance claim or lawsuit seeking compensation for losses, such as your child’s past and future medical bills.
Strongly consider enlisting the help of a personal injury lawyer experienced in representing children and their families who have endured serious injuries as a result of the negligence of others. An attorney can assist you in many ways when seeking compensation for a child’s injuries. They include the following:
Reviewing the Details of Your Case
It’s not always clear whether someone has a basis to file a claim or lawsuit. A personal injury attorney can review your case and help you better understand how you may proceed. Most attorneys offer free initial consultations, and all such communications are confidential.
Identifying Liable Parties
Even when you know you have a right to file a claim for compensation, you may not know who’s liable. Determining liability is another task a lawyer can assist with. They can apply their understanding of the law to determine who may be responsible for compensating your child in these particular circumstances.
Keep in mind that insurance companies are businesses focused on their bottom-line – making a profit. An insurer is unlikely to offer the full amount of compensation your family is entitled to when you first file a claim. If an insurer can avoid paying you entirely, they will likely attempt to do so.
Thus, it’s very important to gather evidence of liability and fault when preparing a claim. Gathering this evidence may require conducting an extensive investigation. A lawyer has the experience and resources necessary to investigate a case on your behalf.
Adding Up Your Losses
You may ask for a specific amount of money in the form of “special damages” when filing a claim. Although no one can promise you’ll receive a specific sum, you should calculate your losses to arrive at a starting point for compensation which might be obtained in a related lawsuit.
Calculating potential compensation is easier with help from a personal injury lawyer. An attorney can help you gather documentation of economic losses (losses with specific dollar values, like medical bills) and tally them up to determine the total of your economic damages when a child has been injured.
In most cases, a child may also be eligible to receive compensation for non-economic losses. These are losses that don’t have clear dollar values, like pain and suffering.
Assigning a dollar value to these losses often requires applying experience, and sometimes specialized formulas. A lawyer familiar with these types of cases and techniques can apply their knowledge to the specific facts of your case.
Strongly consider enlisting the help of a personal injury lawyer experienced in representing children and their families who have endured serious injuries as a result of the negligence of others.
Negotiating
Hiring a personal injury lawyer ensures a representative who understands how insurance companies operate is handling all correspondence with the insurance company on your behalf. You’ll be less likely to accidentally say something an insurance adjuster can use to justify offering low compensation if a lawyer speaks with an insurance adjuster for you.
Again, you shouldn’t expect the insurance company to offer the total compensation you deserve right away. You must understand that you don’t have to accept an insurance company’s initial offer. You can push back for more money if you believe their offer is unreasonably low.
A lawyer can help you evaluate offers to determine whether they’re fair. If the insurance company’s initial offers are too low, a lawyer may negotiate on your behalf for a more appropriate settlement. If it appears an insurance company is going to stubbornly refuse to offer what you deserve, your lawyer can file a lawsuit and represent you in court.
It’s also worth noting that pursuing compensation after your child has been injured can involve a range of tasks. If you hire a lawyer to handle your case, you can focus more of your attention on the needs of your child during their recovery.
At Swartz & Swartz, P.C., our Boston personal injury lawyers have the experience and knowledge to help you pursue justice when your child has been hurt in an accident, medical malpractice case, or other such incident. We operate on a contingency fee basis, meaning you only pay for our services if we succeed in securing compensation for you. Learn more about how we can help by contacting us online or calling us at (617) 742-1900 today.
Need Help?
If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.
About the Author: James Swartz
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