When your child is injured due to another adult’s actions, high and unexpected medical bills are among your many concerns. Money cannot always make your child whole, but you may be able to get the at-fault party to cover the medical expenses and other losses your family experienced.
A New Orleans child injury lawyer could help make sure you get the money you need. Cases involving children are more complex than lawsuits involving injured adults, so it is important to choose an experienced personal injury attorney when seeking compensation for your child’s injury.
What If a Parent or Guardian Caused the Child’s Injury?
Children are often hurt due to car accidents, defective products, injuries on dangerous property, slip and fall incidents, and many others. A lawyer could help determine who was responsible and should be named in the lawsuit.
If a parent or caretaker—including foster parents, guardians, and employees of day care centers—caused the child’s injury because of abuse or neglect, then Louisiana Children Code Articles 610 says anyone with knowledge of the situation should report the matter to the Department of Children and Family Services.
When the abuse is done by someone other than a caretaker or parent, the family should file a police report. If it is unclear whether the abuser is a parent or caretaker, alert both the Department of Children and Family Services and the police.
In certain situations, failure to report child abuse may result in fines or jail time according to Louisiana Revised Statutes 14:403 or 14:131.1. Regardless of criminal penalties, however, all individuals who become aware of child abuse should make a report immediately to help ensure the child’s safety.
Once the initial report has been filed, a New Orleans attorney with experience handling child injuries could help determine the next steps and evaluate whether a lawsuit to recover damages is a good idea.
Statute of Limitations
Civil Code Articles 3492 requires most injured people to file any lawsuit to recover compensation within a year of the accident that caused the injury. The law makes an exception for children under the age of 18, however. Any lawsuit intended to recover damages for a child needs to be filed before the child’s nineteenth birthday.
This exception allows plenty of time for people to identify the injury and how it occurred, because children do not always understand what happened or have the ability to communicate what happened to them. The child may bring a lawsuit on their own, if necessary, after they turn 18.
Lawsuits always have a better chance of succeeding while the evidence is fresh, so a parent or guardian should act quickly. Contacting a lawyer who handles child injuries in New Orleans is always a priority.
For Child Injuries in New Orleans, Call an Attorney Today
Any child who receives an injury because of another person’s bad or careless actions deserves payments for their medical bills and their pain and suffering. Although nothing can completely erase the trauma and loss that some injuries bring, obtaining enough to pay for medical expenses and other damages can allow you to focus on helping your child recover.
Contact a New Orleans child injury lawyer to see how they can help. Do not let money stand in the way of recovering the compensation your child is due; you do not pay us unless we recover money in your case.