Children are at a greater risk of getting into personal injury cases in Ohio. Infants can be injured during birth via the improper use of forceps or vacuums, which would cause them pain and possible brain damage if not treated quickly with care by an expert or parents. While breastfeeding, mothers should also avoid harmful products like alcohol due to their effects on both the mother and baby.
Personal Injury Cases in Ohio Involving Children:
When a child suffers from not properly treated injuries, it can have lifelong consequences. Head trauma is one such example where the effects of their pain may be felt by children for years or even forever following an accident. The most common type is abusive head injuries, where they hit something hard enough to cause concussions leading them to unconsciousness.
The worst part? There’re so many more ways kids get hurt every day but injury is still the leading cause of death for children and teens in the United States. In fact, more than 7,000 children and teens between the age of 0 to 19 died because of unintentional injuries in 2019 alone; a disturbing figure indeed!
There is a constant need to ensure that the items children find within their homes or play areas meet modern safety standards. Every year, many products are recalled because they contain defects that could cause injury if ingested by toddlers; pieces are detachable enough to not be harmless but still pose risks when detached. Also, clothing made with not flame retardant materials can result in personal injury cases in Ohio involving children.
It is pertinent to mention that the risk of being seriously injured in an automotive accident is higher for children because they are smaller and have developing bodies. But there are ways to pursue a claim on behalf of your injured child. This article will discuss exactly that.
Pursuing a Claim on Behalf of Your Child:
When a child is injured or becomes the victim of abuse, it’s often up to their parent or legal guardian to file a suit on their behalf. If the parents recover funds from the lawsuit, they have to put the recovered amount into a trust so they can give that amount to them when children become adults.
Damages include medical expenses for the treatment of injuries and compensation for the loss of income if the child would have grown to earn a living. Also, the loss of society will be compensated; it is the love and support that the child would have provided to the family.
Additionally, the parent or legal guardian of the child who has died from an accident may file a wrongful death lawsuit against those responsible for their son/daughter’s injuries. Damages are similar to other personal injury cases and include medical expenses, funeral costs, etc.
The legal theory of negligence in a personal injury claim involving children often comes down to one thing; did the defendant owe them an ordinary duty? If so, they have been negligent and should be compensated for their losses accordingly. The specific duties in this type of case depend on what was expected from someone dealing with the kid. This means that the defendant should act with the ordinary care that a reasonably prudent person would act in the same situation.
For instance, if the personal injury case involves children, the motorist should have acted with the same skills and expertise as they would have exhibited under the same conditions.
Statutes of Limitation:
When filing a personal injury claim in Ohio, there are time limitations to follow. The limitation period for filing a personal injury claim can be different depending on where you live. In many states, the child’s parents or representative only has two years from the date of the accident to make such an appeal. Once this time passes, they cannot file the claim.
Call Us Today for Legal Assistance:
Contacting a personal injury lawyer is the best way to ensure that your children’s rights in personal injury cases in Ohio will be protected. A knowledgeable attorney can explain how much money you might deserve from an awarded settlement or jury award and what type of evidence would be needed to fight your child’s personal injury case.
You should reach out to an experienced attorney for your personal injury case. We have all of the tools that you need and can provide representation in court for your personal injury case involving children!