Cape May County Child Injury LawyerRequest a Free Consultation
Seeing their child get hurt in a serious accident is every parent’s worst nightmare. Unfortunately, that nightmare comes true for many Cape May County families every year. If you can prove that someone else’s reckless or careless misconduct directly caused your child to get hurt, you should be able to hold that negligent adult financially accountable for every form of harm your child sustained as a result of their actions.
Effectively pursuing civil recovery after an accident involving a child often requires assistance from a personal injury attorney who has successfully litigated cases similar to yours. Once retained, a knowledgeable Cape May County child injury lawyer could work with you to collect evidence of fault, establish what damages you and your child could seek compensation for, and pursue the justice your family deserves.
What Would Justify a Child Injury Lawsuit in Cape May County?
The party filing suit must prove that the defendant(s) named in their claim owed the plaintiff – or in this case, their child – a duty of care, that the defendant then did something reckless or careless enough to “breach” that duty, and that an accident resulting in compensable losses occurred as a direct consequence of the defendant’s irresponsible actions.
However, there are some types of cases in which a defendant may bear strict liability for an injury to a child, meaning they could be financially liable to pay damages even though they were not technically negligent. For example, dog owners are strictly liable for injuries their pets cause, as long as the injured adult or child did not provoke the animal to attack.
Additionally, adults sometimes owe duties of care to children that they would not otherwise owe to adults in the same situation. Most notably, the “attractive nuisance” doctrine imposes civil liability on landowners for injuries sustained by underage trespassers who were drawn onto private land by an unsecured “attraction” such as a swimming pool. A local attorney could go into further detail during a private consultation about what circumstances might serve as grounds for a child injury claim.
Filing Suit on an Injured Child’s Behalf
If a child under 18 sustains an injury due to another person or entity’s actions, the injured child’s parent(s) or guardian(s) has the right to file a lawsuit on that child’s behalf. With help from a child injury lawyer in Cape May County, it may be possible to seek restitution for short-term damages like emergency medical bills and time taken off work to care for a child during their recovery as well as long-term loss of earning capacity, expenses for rehabilitative and specialized medical care, and loss of enjoyment of life.
Importantly, state law allows the normal two-year statutory filing deadline for civil litigation to be “tolled” until a child injured in an accident turns 18, meaning injured minor have until two years after their 18th birthday to file suit regardless of how old they were when their injury occurred. However, since relevant evidence can disappear over time and various other deadlines may apply in certain situations, it is advisable to get in contact with a lawyer sooner rather than later.
Let a Cape May County Child Injury Attorney Help
Taking effective legal action after your child gets hurts in an accident can understandably feel like an impossible task, especially if you try to pursue a potential civil claim alone. By working with a seasoned legal professional, you could give yourself a much better chance of protecting your child’s future prospects as well as your own financial security.
Once your child is in stable physical condition following an accident caused by a negligent adult, your next priority should be contacting a Cape May County child injury lawyer to discuss your legal options. Call our firm today to set up a meeting.