As a parent, you anticipate your child suffering a few injuries over the years. From horsing around on the playground to playing sports through school, it is common for kids to suffer concussions, broken bones, lacerations, and minor burns. Sometimes your kid’s injuries are their own fault. Many kids are inherent risk takers who push themselves further than any parent likes. However, if your children are ever hurt because an adult was irresponsible and did not care for or protect your child like they should, then you may have the right to seek compensation for your child’s injuries. At Studinski Law, LLC, our Wisconsin child injury lawyers are ready to investigate the circumstances of your child’s injuries and pursue the compensation your child has a right to under the law.
Call us today at (715) 343-2850 and let us explain your legal options and how we may be able to help during a free consultation.
Common Personal Injury Cases Affecting Minors
Since children are more naïve, less cautious, and unable to identify certain risks than adults, they have a greater risk of getting seriously hurt when another person or business is careless, reckless, or willfully harmful. If adults are not as responsible and careful as they should be, children are at risk for getting hurt at or on:
- Babysitter’s home
- Swimming pool
- Playground and park
- Road and sidewalk
If your child was hurt in one of these places or at someone’s home, contact our Wisconsin child injury lawyers right away. Sometimes your child’s injury is because of a simple accident. However, it may be because an adult in charge was negligent. In this case, you may have the right to seek compensation for your and your child’s injuries.
After your child gets hurt, you may have to investigate what exactly happened and why. This can be difficult, particularly if your kid was hurt at a location owned by a municipality, business, or private individual. People may not be forthcoming with information when they are afraid of being liable. By working with our experienced serious injury lawyers you have a greater likelihood of learning what happened, who was responsible, and who is liable for compensating you and your child.
You will have to consider whether your child is at fault. In Wisconsin, children under 7 years old cannot be considered negligent. They do not have the wherewithal to understand using caution. This makes it more likely that the person supervising your child or their employer is liable. If your child is 8 years or older, then you will have to determine if they acted reasonably for their age. If you child did not behave reasonably, then they may be entirely or partially at fault for their injuries. Even if your child likely contributed to their own injuries, this does not mean another party was not negligent. You may still have a claim for compensation.
In child injury cases, it is common for the person at fault for the accident to not be the same person or business liable under the law. For instance, if your child was hurt at camp, a swimming pool, or another place where they were supervised by workers, then the business or municipality that employs the workers is more likely to be the liable party than the supervising adult. You will want to file an insurance claim or personal injury suit against the business, not the individual.
Does an Insurance Policy Cover my Child’s Injuries?
After you child is hurt, you may assume you will receive compensation through an insurance claim. Many businesses have bodily injury claims and individuals have homeowner’s insurance. However, this policy may not cover the type of incident that led to your child’s injuries. Additionally, even with a relevant insurance policy, the insurer may not be willing to pay out the amount of compensation you need. While a lawyer can work with an insurer to resolve the claim with a settlement, you should not assume this will occur. You should partner with an experienced personal injury attorney who is not only capable of handling an insurance claim, but also confident in representing you in court.
Who Files a Personal Injury Claim for a Minor?
When you have a child under 18 who gets hurt, they cannot file an insurance claim or personal injury lawsuit on their own. You must file a lawsuit on their behalf. During a personal injury claim for a minor’s injuries, you may pursue damages that relate directly to your child’s injuries and to your unique injuries as the responsible parent. After all, you bear the financial responsibility for your child’s injuries.
During a child injury claim, you can seek compensation for:
- The medical expenses
- Your or the other parent’s lost wages
- Your child’s pain and Suffering
- Your child’s emotional distress and mental anguish
- Your child’s disability
- Your child’s disfigurement
- Your child’s loss of enjoyment of life
Contact Our Wisconsin Child Injury Lawyers Today
Your child has the same rights as an adult when it comes to being injured due to another person’s negligence, recklessness, or intentional misconduct. You and your child deserve to seek justice and gain compensation for your economic and non-economic injuries. When your son or daughter has been hurt and you are sure someone else is responsible, do not hesitate to call us at Studinski Law, LLC at (715) 343-2850. We are here to help you find out what happened. If another adult was negligent, we will pursue compensation on behalf of you and your child.