Small children are fragile and as they explore their surroundings whether indoor or outdoor, they are at risk of hurting themselves. As such, they need to be given the right attention and supervision to keep them safe at all times.
It’s a reality, however, that kids can get involved in accidents wherever they may be. Sometimes, even the most attentive of parents can still get surprised when their child falls or slips right before their eyes either while playing or engaged in a sports activity.
But what if your child is in school playing or doing sports with his team and gets injured? Do you have the right to sue the school or the team?
What To Do
The first thing you need to do after your child is injured is to get immediate medical attention. Call a doctor or bring your child to a physician to have him or her checked. It would be a good idea also to ask for a medical certificate after the checkup.
According to Anthony Castelli a Cincinnati attorney, parents should always seek the assistance of a licensed legal counsel first if they are thinking of taking legal action due to the injured suffered by their child. “Don’t sign anything that the school or educational institution gives you until you have sought legal advise, you could be signing away all of the school’s liability and have no legal recourse”
Keep in mind that children have the right to bring file lawsuits for injuries they have sustained or for their rights that have been violated. This can be done through the parents or guardians.
Injured children share the same legal rights with adults to make a negligent party take responsibility for their negligent actions that results in the injury. The most common way to do this is by collecting monetary damages against the negligent part as a way to compensate for the past and future pain, suffering, emotional damages as well as medical expense and future loss of income.
In the state of California, minor children are given special priorities. Those below 14 years old are given preferential scheduling in their trial date which means their legal case goes to trial faster than other cases.
Legal Damages You Can Claim
Two major legal damages can be sought for a child who gets injured in California. These are the general and special damages.
The general damages pertain to pain and suffering sustained by the child as a direct result of the injury. This covers not only physical discomfort but as well as emotional trauma due to the injury. Children who get injured can experience anxiety, nervousness, a feeling of humiliation, terror and apprehension. It should be noted that medical findings, notably a permanent impairment to a body part, are essential to prove pain and suffering damages.
The special damages, on the other hand, refer to the medical bills, lost wages suffered and mileage to and from doctors appointments.
Depending on the parent’s or guardian’s decision, a personal injury case involving a child can be settled out of court in a fair manner or pursued to trial until the court makes a decision.
Originally posted on July 28, 2015 @ 8:09 am
