Did your child get injured and have questions? Check out these 3 child injury tips for guidance, then call our Orlando lawyers to get started.
1. Child Injury Statute of Limitations
Many times, people are confused about the statute of limitations for accidents in Orlando, Florida, when it pertains to minors. That’s a complicated and difficult subject. It’s possible that the statute of limitations can go until four years after the child turns 18, but it depends. It’s a very fact-specific inquiry that has to be made as to if the parents did anything, if the child did anything. It’s a very complex inquiry that has to be made as to when the child can make a claim or how long after the injury the child can make a claim.
That is not really as important as making the claim quickly. The reason is, let’s say the child is six or seven, if you wait until the child is an adult, evidence is going to be lost, witnesses may no longer be here. The longer it takes, the more difficult it is to prove a case. It’s important that people act now and that they act quickly, and that you as a parent take ownership of your child’s injury and retain an attorney so the attorney can make the claim on your child’s behalf. It’s important that you act as quickly as possible and not rely on how long you have or wait until the child is an adult. If the child is 17, waiting until they’re an adult may be preferable, or 16, but for the most part the quicker you act, the better off the case will be.
For answers to these or any other type of questions, feel free to give us a call.
2. Wrongful Death Claim for a Child
One of the saddest things that we see are accident cases or injuries where a child passes away from an accident here in Orlando, Florida. Those are some of the saddest situations we see, where parents are grieving and they don’t understand why and what happened, especially when it’s the fault of another. It’s important that you retain a qualified attorney because that falls under something called the wrongful death statute. In Florida, for minor children, the parents can recover damages; damages are compensation for injuries such as pain and suffering and the loss of a child. It depends on the child’s age. Adult children are usually treated different than minor children. When the child is a minor, the parents will usually retain the claim. If the parents are divorced, then you have two plaintiffs, which can make it a difficult situation.
It’s important that you get a consultation with someone that’s experienced in wrongful death cases so they can navigate those intricacies for you and let you understand exactly what you can get compensation for. These cases are sad. These cases are some of the worst that we see. You really need an attorney that’s going to be a partner with you during this process because for many people this is one of their worst nightmares that they could ever have, even more so than injuries to themselves. If you have questions about this or any other subject, feel free to give us a call. We’d be happy to walk through this with you and assist you in any way that we can.
3. Child Injury Case Settling Before Trial
Many of our new clients, when they bring in injuries that their child has sustained here in Orlando, will ask me if it’s possible that the case will be resolved before going to trial. Fortunately, most cases are settled before you actually get to trial. By trial, we mean in front of a jury where the jury decides if there was liability and how much the damages are. Most cases are resolved well before that, while some cases are resolved in litigation – which means once we file a lawsuit but before trial.
It’s very rare that you go to trial, but you need to have an attorney that’s been to trial and is not scared of going to trial. The reason is because insurance companies know which lawyers settle cases without filing a lawsuit, which lawyers settle cases before trial, and which lawyers are willing to take the case all the way through trial if need be. You need an attorney that’s not scared to go to trial if they feel that that’s the only way to get just compensation for your child’s injuries. You need an attorney that’s experienced and that has been to trial before. It’s very important to have an experienced lawyer because the insurance companies know and they know that once they say, “This is our top offer,” that that attorney is going to take the offer because they’re not the type that’s willing to go to trial.
For this or any other questions, feel free to give us a call. We’d be happy to discuss that with you at a free consultation.
Has your child has suffered a serious injury because of someone else’s negligence in Florida and have questions about these child injury tips? Contact our experienced Orlando child injury lawyers today for a free consultation and case evaluation.
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