In Pennsylvania, children are considered to be especially vulnerable. As such, they require special consideration when they’ve been injured due to someone else’s negligence.
Because children cannot bring a claim on their own behalf, their parents or legal guardians must file the lawsuit for them. This can make it difficult for a parent to pursue an injury claim if their child is too young to understand what is going on with their case.
It is important to remember that you are not alone in your frustration as a parent. An experienced personal injury lawyer can guide you through filing personal injury claims on behalf of children and get them the compensation they deserve for their injuries.
Requirements for Personal Injury Claims on Behalf of Children
Pennsylvania law recognizes that some injuries to children are so severe that they cannot be fully compensated through monetary damages alone. These cases fall under the category of personal injury claims on behalf of a child. The following factors must be proven:
- The age of the injured child
- Length and severity of the child’s pain
- How long the child was out of school for rehabilitation or treatment
- Whether the child’s ability to participate in extracurricular activities has been affected
- Whether the child has been unable to participate in activities at home
What Happens If the Defendant Is Found Liable
When you’re suing on behalf of a child, one of your first steps toward recovery is to determine who’s liable for the accident and how much they owe for the suffering they caused. Gathering evidence of the damages the child is due is a vital step, one your lawyer can help you take.
If the defendant is found liable, the court will determine what funds are necessary to cover:
- Your Child’s Medical Bills – This typically includes any visit to the emergency room, subsequent doctor’s visits, and follow-up care. Covered expenses also include rehabilitation, such as the cost of physical therapy.
- Future Damages – This refers to the amount of time that it will take for your child to recover from his or her injuries. Any pain and suffering they experienced before recovery began and emotional distress are also taken into consideration.
- Lost Wages and Earning Capacity – Lost wages are calculated based on how much time the child lost at work due to his or her injuries. Earning capacity takes into account what kind of job the child would have had if they had not been injured as well as how long it might take them to return to work after treatment ends if they can work at all.
Help is Available from a Caring Personal Injury Lawyer
You need a compassionate attorney who will fight for your child’s rights and make sure that they are taken care of in the aftermath of the incident. We’re prepared to help, beginning with a free consultation. We’ll discuss your claim before you make a decision.
When it comes to filing personal injury claims on behalf of children, the team at Baratta Law, LLC understands that it is not just about getting fair compensation. It’s about protecting your child’s future. Give us a call at 215-914-8132 or contact us online to secure a free consultation and discuss your case.