For any parent, there is nothing scarier and more distressing than the thought of your child suffering harm. Nothing hurts more than seeing your child in pain, especially if the injury happens due to someone else’s negligent or careless acts.
If your child suffered injuries due to the negligence of another person, you have a right to seek compensation for the resulting damages and losses.
It is advisable to work with a lawyer to help you hold the negligent party responsible for your child’s injury. Speak with a Port Richey child injury lawyer at Nicoletti Walker Accident Injury Lawyers to discuss your case and determine your best course of action.
There are various causes of child injuries. Reasons children sustain injuries range from car accidents to choking and drowning. Regardless of what caused a child’s injury, the effects can be devastating and long-lasting.
Children account for nearly 15 percent of the population in Port Richey, and they are the precious jewels of our city. Nationwide, each year, over 12,000 people between the ages of 0 and 19 die from unintentional injuries, according to the Centers for Disease Control and Prevention. More than 9.2 million other children seek medical care for nonfatal injuries in emergency rooms.
As a parent, you always do your best to protect your children and ensure that they are safe. However, sometimes, a child’s injury can be beyond the parent’s control.
A child is likely to suffer injuries in school or daycare where the parents cannot control their child’s surroundings and interactions with others. Other injuries may occur due to defective toys or dangerous playground equipment. A large percentage of child injuries occur because of negligence on the part of other adults.
If your child suffered injuries due to another person’s negligent act, you—as a parent—could sue the negligent individual to seek compensation for the child injury.
These are the most common causes of child injuries in the United States:
When taking care of or supervising children, adults must exercise reasonable care to protect the kids and prevent injuries. When a person or entity fails to take reasonable precautions to protect the child’s safety and well-being, they can be held liable for the resulting injury and losses.
Liable parties depend on the circumstances of your child’s injury. However, potentially liable parties in child injury cases include:
In child injury cases, it is not uncommon for insurance companies or at-fault parties to deny liability by arguing that the child is solely responsible for their injury. The insurer or liable party may also blame the injured child’s parents for negligent supervision.
If your child has sustained injuries and you suspect that another person or entity can be held liable, you should talk to a Port Richey child injury lawyer to determine liability in your particular case and fight back against the insurer’s attempts to deny your claim.
Children are much more vulnerable to injury compared to adults. A serious accident can cause fatal injuries or leave a child permanently disabled. It is essential to understand that injuries might affect a child differently when calculating a fair settlement offer.
Researchers published a study on how injuries to children differ from those suffered by adults in pedestrian accidents. Here’s what the study found:
The reason injuries affect children differently than adults is because children have smaller bodies and underdeveloped musculature. When a vehicle hits a child, the child’s head and neck are often the first impact point.
For most personal injury cases based on negligence, the time limit for filing a lawsuit is four years from the date of the injury (Fla. Stat. § 95.11). However, the statute of limitations is different when pursuing a lawsuit for a child injury.
State law tolls the time limit for filing a child injury lawsuit under the following circumstances:
There is also a different time limit for child injury lawsuits involving claims of medical malpractice. Failure to file a lawsuit within the applicable time limit may prevent recovery for the injury, which is why it is advisable to consult with a child injury lawyer to help you navigate the legal process to recover damages.
When your child suffers injuries because of someone else’s negligence, you may be able to recover the following types of damages:
That is not the complete list of damages that you can recover in a child injury case. Consult with a Port Richey child injury lawyer to evaluate your particular situation and calculate damages in your case.
Note: If a settlement amount in a child injury case exceeds $15,000, the child’s parent or guardian must get court approval to receive the compensation (Fla. Stat. § 744.387).
If your child sustained injuries because of someone else’s negligence, you need a lawyer that handles child injury cases. You cannot hire just any personal injury lawyer.
You need a skilled lawyer who specializes in injury cases involving children due to the unique circumstances that child injury cases present. If your child suffers injuries in Port Richey, it makes sense to find a lawyer near you to ensure that the lawyer can handle your case effectively and give it the attention it deserves.
There are at least four reasons you need a lawyer who has experience representing clients in child injury cases:
We have prepared answers to the most frequently asked questions about child injuries in Florida. If you did not find an answer to your questions in the FAQ section below, speak with our Port Richey child injury attorneys at Nicoletti Walker Accident Injury Lawyers to discuss your case.
The first thing you should do is call 911 for help. The dispatcher may send an ambulance to the scene of your accident or tell you to transport the child to a hospital on your own.
It is advisable to have your child checked even if the child’s injury seems minor. Injured children often develop symptoms of a serious injury in the weeks following a traumatic event.
When a child is a minor, the general rule is that the child’s parent or legal guardians can pursue a claim to recover damages on the child’s behalf. If you are considering filing a lawsuit on behalf of your child, consult with a lawyer to discuss your options.
Yes, the deceased child’s parents or legal guardians can sue the negligent party for causing or contributing to their child’s death. In a wrongful death lawsuit, the parents or guardians can recover:
While suing the negligent party cannot bring back your child, it could help you achieve a sense of justice and closure.
When filing a lawsuit on behalf of a minor child, the parents or legal guardians can obtain compensation for damages such as:
These and many other types of damages may be available to parents or legal guardians of children who sustained injuries because of someone else’s negligence.
The parents or legal guardians who receive the settlement on behalf of their injured child can delegate the funds to a:
Since each case is unique, it is advisable to consult with a Port Richey child injury lawyer to discuss how you can and cannot use your child injury settlement money.
In most cases, the person bringing a child injury claim must prove that someone’s wrongful conduct resulted in their child’s injury. The burden of proof and the specific things you need to prove to obtain compensation depends on the type of your claim:
Yes, Florida follows the legal doctrine of joint and several liability, which means more than one party can be held liable for someone’s injury. If your child sustained injuries due to the negligence of multiple parties, you could hold each of them responsible for the resulting damages.
Under Fla. Stat. § 768.81, each party found liable for another person’s injury will be responsible for paying the victim’s damages in proportion to their degree of fault.
It is not uncommon for individuals or entities whose negligence causes someone’s injury to blame the injured person for their own injury. In child injury cases, the defendant may also blame the parents for negligent supervision.
If the defendant blames you for your child’s injury, do not hesitate to contact a lawyer to refute their accusations.
Note: Even if the parents are partially at fault for their child’s injury, they can still receive some compensation under Florida law.
It is impossible to say how long a child injury case will take without knowing all of the circumstances surrounding the injury. Therefore, if you want to figure out how long it will take to settle your child injury case to obtain compensation, you need to consult with an attorney.
At Nicoletti Walker Accident Injury Lawyers, our skilled lawyers can help you determine the estimated timeline of your particular case after analyzing all the facts and circumstances.
If an insurance company made you a settlement offer, you must decide whether you want to accept or reject it and make a counteroffer. In most situations, you should not accept the offer right away because initial settlement offers are usually much lower than the victim’s actual losses.
You should speak with an experienced child injury lawyer before accepting the insurer’s settlement offer to determine the full extent of your injuries to ensure that you receive fair compensation for your damages and losses.
Whether or not you need to obtain approval from the court to receive compensation for your child’s injury depends on the settlement amount. Generally, settlement amounts that do not exceed $15,000 do not require court approval.
However, if the settlement amount is more than $15,000, the child’s parents or legal guardians must seek court approval to settle their claim.
Yes, it is possible to resolve a personal injury case through a settlement without having to go to court. Taking an injury case to trial may result in high litigation costs and legal fees, and there is no guarantee that you will get any compensation whatsoever.
If you have representation from a skilled child injury lawyer, you are more likely to resolve your case without going to court. However, in some cases, it may be necessary to file a lawsuit first to settle your claim for a fair amount.
The value of your child injury case depends on a multitude of factors, including but not limited to:
These and many other factors will affect how much you can recover through a child injury settlement or verdict. You can contact our attorneys to review your particular case and help you calculate the total value of your child injury case.
The statute of limitations is a time limit that the state law imposes on filing lawsuits. Under Fla. Stat. § 95.11, the statute of limitations for negligence-based personal injury cases is four years from the date of the accident.
However, the time limit is different when filing a child injury lawsuit on behalf of a minor. In Florida, the statute of limitations may toll under specific circumstances.
Your attorney will help you understand how long you have to file a child injury lawsuit in your particular case.
Once you file a lawsuit against the negligent party to seek compensation for your child’s injury, you will have to submit a demand for compensation. The defendant has a certain amount of time to respond to your demand.
Then, you should work with your attorney to build a compelling legal case by gathering evidence, using depositions, getting subpoenas, and taking other steps. You and the defendant will then have a chance to present your arguments and evidence.
After filing a lawsuit, you still have an opportunity to reach an agreement and settle your case through negotiations or mediation. If you cannot settle, your case will proceed to trial.
Many parents and legal guardians of injured children think that they can handle their claim without a lawyer. However, if your child sustained injuries in Port Richey, you can benefit from hiring a Port Richey child injury lawyer to help you:
As a rule of thumb, plaintiffs represented by a lawyer obtain a larger settlement amount.
Nicoletti Walker Accident Injury Lawyers is an established and reputable law firm that handles different types of child injury cases in Port Richey and other parts of Pasco County and beyond.
Our results-driven attorneys represent injured victims and their families to help them secure maximum compensation for their losses and damages.
We strongly believe that anyone who sustains injuries due to someone else’s negligence deserves fair and full compensation for their injuries, including children.
The knowledgeable and skilled attorneys at Nicoletti Walker Accident Injury Lawyers have recovered tens of millions of dollars for our clients in child injury cases. We offer free initial consultations to our prospective clients.
When working with the Nicoletti Walker Accident Injury Lawyers, you do not have to worry about attorney’s fees until we obtain compensation on your behalf. That’s because we work on a contingency fee basis. If we don’t win, we don’t get paid.
The reputable and dedicated attorneys at Nicoletti Walker Accident Injury Lawyers handle a wide range of child injury cases. Our focus is to help injured children and their families to get the compensation to which they are entitled.
We assist clients with all types of child injury cases, including those that involve:
Contact our attorneys regardless of what caused your child’s injury. We can pursue the compensation that you and your child deserve by holding the negligent parties accountable.
Some law firms, including Nicoletti Walker Accident Injury Lawyers, handle personal injury cases on a contingency fee basis. It means that our attorneys only charge a fee for their legal services if we win your case.
When working with an attorney on a contingency fee basis, the attorney will receive a certain percentage of the total amount of your settlement or verdict as payment.
Unlike many other law firms in Port Richey and elsewhere in Pasco County, Nicoletti Walker Accident Injury Lawyers do not have any hidden fees or upfront costs. We are committed to helping you get the compensation you should receive so that you do not have to worry about attorney’s fees while your case is ongoing.
You can schedule a free consultation with our dedicated and reputable lawyers at Nicoletti Walker Accident Injury Lawyers by calling (727) 845-5972 or completing our contact form.
At Nicoletti Walker Accident Injury Lawyers, we understand that nothing can be more precious than your child’s health and wellbeing.
That is why our experienced and dedicated lawyers are committed to helping you hold liable parties accountable for all the damages and long-lasting losses caused by their negligent or careless conduct. We work on a contingency fee basis, which means our lawyers do not receive payment unless and until we win your case.
Schedule a free consultation with our knowledge child injury lawyer in Port Richey to review your case and help you seek the compensation to which you and your child are entitled. Call (727) 845-5972 or write to us through our contact page.
“The Nicoletti Law firm is by far the best law firm for your needs. The entire firm treats you as family and are there for you when needed the most. Above all else they will give you straight honest answers and guide you to the best outcome for your case. Highly recommend this firm.”
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NICOLETTI WALKER ACCIDENT INJURY LAWYERS – PORT RICHEY
Port Richey 34668