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Your Best Course of Action After Your Child Suffers a Personal Injury

Most adults are well aware of the fact that the law provides them with the right to hire an attorney in the quest for compensation after a personal injury resulting from another person or institution’s carelessness.  The average person understands he or she can meet with an attorney, file a claim, obtain the necessary medical treatment and anticipate justice will be served.  However, there is some question as to what should occur after a child is harmed in an incident that resulted in a personal injury due to another party’s negligence.  After all, a child is not legally empowered to file a claim.  Therefore, the parent must file the claim on behalf of his or her child.  Let’s take a quick look at some helpful advice that will facilitate the legal aftermath of such an unfortunate incident.

The First Step: Obtain Medical Attention Right Away

The most important thing you can do is provide your little bundle of joy with prompt medical attention after the injury.  If necessary, obtain emergency medical care.  Reach out to a trusted physician who will closely analyze your child’s injuries, document those injuries with the necessary level of detail to spur a positive legal outcome and ultimately provide your child with the necessary treatment.  Consider contacting your son or daughter’s pediatrician to ensure he or she is provided with medical care from a professional they are already familiar with.  This way, your child will not feel nearly as nervous or frustrated in the aftermath of the injury.  Lean on your child’s primary care physician during this difficult time and the chances of him or her proving receptive to the treatment rendered really will be that much better.

Be careful when it comes to additional treatment.  Though adults have a lifetime of experience gauging their own level of discomfort, there is no way to truly know how much pain your child is in.  The fact that your little one is in the midst of growing makes the matter that much more complicated.  It is quite possible he or she will require treatment for more time than originally anticipated to minimize the chances of it causing problems in the years ahead.

Do not sign your name on any paperwork that releases your little one from care and treatment.  Instead, reach out to our legal team for expert assistance with your child’s injury case.  Our legal practitioners are here to ensure your little one receive the care necessary to achieve maximum medical improvement (MMI).

Contact an Attorney to Discuss Parental Responsibility Laws

When meeting with our personal injury attorneys to discuss your child’s injury, do not hesitate to broach the subject of parental responsibility laws in relation to personal injury.  Such laws state parents bear legal responsibility for their child’s intentional acts as well as their child’s negligent acts.  However, legal responsibility differs based on the nuances of the situation, the age of the child and even his or her ability to decipher right from wrong.  In some cases, it is possible for the child to be held legally liable for his or her own actions.  Our personal injury attorneys are here to tell you more about the details of such laws and how they impact your child’s unique claim.

Gather the Relevant Documents

It is your responsibility to organize and make copies of all documents relevant to the accident, the ensuing medical treatment and anything else related to this unfortunate event.  Your little one’s doctor should be more than willing to provide copies of exams, medical paperwork, medical test results and a written medical opinion of your child’s injuries.  Furthermore, if you have documents relevant to the case, they should be collected.  These documents will serve as evidence that is essential to bolstering your child’s claim and ensuring justice is served in the form of financial compensation.

Collect Reliable Statements Pertaining to the Incident

Your child’s claim will prove that much stronger if you gather witness statements from those who witnessed the injustice.  These statements will go a long way in proving another person or institution’s negligence or even intent is responsible for the injury.  Keep in mind, the negligent party’s insurance representative or legal counsel will attempt to withhold compensation from your child.  These parties really will explore every possible avenue to refute the validity of the claim.

As an example, it is quite possible the insurance company representative or attorney will ask other kids from the accident scene to recount the incident.  If opposing counsel or an insurance company employee determines the kids’ accounts of the incident, such discrepancies will make it appear as though your child is either lying or stretching the truth.  This is precisely why you must collect reliable witness statements.  Speak with adults who were present at the time of the accident to learn exactly what occurred.  Furthermore, if police or other authorities are called to the scene of the injury, ask for a copy of the official police report to add to the claim file.

Know What Will Become of Settlement Money 

Though you will likely file a claim on behalf of your child in a timely manner, your little one will not be legally permitted to tap into any awarded compensation until the age of 18.  Once the courts approve the settlement, the funds will remain in an account created by the court clerk.  However, it must be noted, there are some situations that open the door for a minor to obtain compensatory funds prior to the age of 18.  Our personal injury attorneys are here to tell you more about such exceptions.  Do not hesitate to pick our brains, ask questions and raise concerns.  We are here to help you understand the nuances of personal injury law, particularly in how they relate to a minor’s injury.  We will fiercely advocate on behalf of your son or daughter to ensure he or she is provided with the proper amount of compensation after this unfortunate ordeal.

Contact Schibell Law Today

If you or a loved one falls victim to a personal injury, contact Schibell Law today. Our expereienced legal team led by firm partner Richard Schibell will aggressivly fight to get the compensation that you deserve.

In need of legal assistance? Contact Schibell Law Today.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law, LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.

Contact Schibell Law Today!

HOWELL TOWNSHIP
3459 Route 9 North
Howell, New Jersey 07731
Telephone: 732-774-1000
Fax: 732-663-0133