“That could never happen to my child.”
But it can – and has. Your child suffered an injury.
Removing all the safety risks and hazards your kid will face is impossible. Each year, thousands of children suffer catastrophic injuries or even die because of preventable accidents at daycare, school, home, sports, recreational activities, or while in vehicles going to these locations.
As a parent or legal guardian, your child’s safety and well-being are among your biggest concerns, if not the biggest. This is why it can be so traumatic and feel so overwhelming when your kid suffers a severe injury caused by a preventable accident. In the blink of an eye, your world turns upside down, and you may not know what to do or where to go for help.
You can turn to us when a childhood injury threatens your kid’s future and development.
Our Richmond child injury law firm helps families recover money damages from the person or business whose negligence or intentional acts harmed a child.
We understand there are few things worse than seeing your child in distress and physically harmed. So, as your child injury lawyer, we work tirelessly on your behalf to pursue maximum compensation for your injured child while you concentrate on helping your kid recover and develop.
Continue reading to learn more about personal injury lawsuits for children.
Then call (804) 251-1620 or complete this online form if you have questions or want to talk with a top-ranked child injury lawyer in Virginia.
Every setting presents dangers to children.
Home, school, playing outside in the neighborhood, going to the pool, attending church – it doesn’t matter – childhood injuries are always possible.
Our child injury lawyers have seen preventable injuries or deaths occur from the following situations:
Your home has many items, materials, and products that can cause child injuries or deaths.
If this happens to your kid, you may have a product liability lawsuit against the manufacturer, distributor, or retailer of the product.
In addition, your child may have a civil action against a homeowner who fails to lock up potentially dangerous items like guns or knives.
For example:
Media and society have started paying more attention to sports-related injuries for children, particularly concussions in tackle football, soccer, hockey, and basketball.
This increased focus on safety in child sports is a great start, but having fun comes with risks.
For example, you may want to talk to a child injury lawyer if your kid suffers an injury or wrongful death from one of the following:
Your child spends a lot of time at school or daycare.
And you count on these facilities and teachers to ensure your child’s safety.
Unfortunately, accidents (or intentional torts) at daycare and school still happen.
For example:
Like adults, children suffer injuries in car crashes or truck accidents, while bicycling on neighborhood streets, or as pedestrians on roadways.
In addition, children face dangers when riding in school buses or daycare center vans to and from school.
Further, a defective or improperly secured child safety seat (booster seat, car seat, etc.) may increase the risk of injury to your child.
In addition to the incidents listed above, even an accident where your child slips, trips, or falls can potentially result in significant injuries.
Indeed, children are vulnerable to the following types of catastrophic injuries, even if the incident would not have harmed an adult:
Any such injury can require significant medical expenses and long-term rehabilitation and education costs, which an experienced and knowledgeable Richmond child injury lawyer can help you address during settlement negotiations or at trial through expert witness testimony.
Getting medical treatment is the top priority when you find out your child is gravely injured. Helping your kid feel safe and supported is critical to helping them during this challenging time.
There are some other steps you should consider taking after an accident that seriously harmed your child, including:
Your child injury lawyer will use this information, including the medical records, to help you and your kid recover fair compensation.
In Virginia, motorists owe a special duty of care when children are nearby. For example, the landmark 1965 case of Sullivan vs. Sunderland held that the duty and liability of motorists to children goes beyond “ordinary care,” and motorists must be extra careful when children are around.
Indeed, the court said:
We have many times pointed out that the duty and liability of the driver of an automobile to adults and children are measured by different standards. Ordinary care toward an adult under certain circumstances might be gross negligence toward a child under the same conditions. The driver must increase his exertions in order to avoid danger to children whom he may see, or by the exercise of reasonable care should see, on or near the highway.”
In addition, “the conduct of a child is not measured by the same rules which govern that of an adult, because a child does not have the knowledge or experience to know or estimate correctly the probable consequences of his acts in a given situation.”
For example, our child injury law firm has obtained settlements for kids struck by tow trucks and delivery vans.
Your child may have grounds to seek financial restitution through a civil lawsuit after suffering injuries in a preventable incident.
For example, an experienced child injury lawyer in Virginia can help you pursue the following types of recoverable damages:
Child injury cases are complex and challenging for many reasons, most notably because of the potential legal repercussions that the responsible party or parties may face if held liable for your child’s harm and losses.
The responsible party will likely retain the services of an experienced defense lawyer to mitigate their potential legal liability. In effect, you level the playing field by hiring an experienced Richmond child injury attorney.
In addition to leveling the playing field with the other side, a knowledgeable Richmond child injury attorney can help compile and review the necessary evidence for your child’s personal injury case. Because children are often under the care of institutions, the production of evidence is frequently more complicated than many personal injury cases involving adults.
You often must file a personal injury claim on your child’s behalf to obtain a fair settlement or verdict.
This claim will typically go through an insurance adjuster. It may be a homeowner’s policy, an auto insurance policy, or the policy of a business that is the source of the compensation, depending on how and where the injury occurred.
Speaking with an insurance company without a Virginia child injury lawyer by your side increases the risk the claim adjuster minimizes the injury’s impact on your child and offers a low settlement.
To secure maximum compensation for your child’s injury, speak to a Richmond child injury lawyer before accepting any offer from an insurance company. Additionally, consult with a lawyer before signing any paperwork. They can help evaluate your case and give you a better sense of what your child’s legal claim may be worth.
Under Virginia Code § 8.01-243, the statute of limitations for a personal injury action in Virginia is generally two years from when the injury occurred. For example, if someone gets hurt in a car accident in Midlothian, Mechanicsville, or another part of Virginia in March 2023, the statute of limitations would likely be March 2025.
However, it is essential to highlight a special rule that applies to accidents involving minors under Virginia Code Section 8.01-229. In that context, the statute of limitations for an injured child begins when the child reaches the age of 18. Therefore, they will have two years after turning 18 to seek compensation through a personal injury claim or file a civil lawsuit.
As you can see, unique circumstances can impact the applicable statute of limitations, so it is important to consult with an experienced and reputable Richmond child injury attorney about your specific circumstances. Failing to comply with the statute of limitations puts your child’s legal claim at risk and can mean the law will bar them from receiving financial restitution for their losses.
In addition to complying with the applicable statute of limitations, there are various other time-related benefits associated with retaining a Richmond child injury lawyer sooner rather than later. Those benefits include:
Parenting and childhood are hard enough.
Now you want to help your child overcome a severe injury in a preventable accident.
You may feel overwhelmed.
And your child may feel anxious and worried.
But now is the time to consider taking legal action.
Call or email us today to see if we will serve as your Virginia child injury lawyer and what options you have under negligence and tort law. We have obtained over $50 million for victims in the Commonwealth of Virginia and want to help you and your child.