Nothing is more devastating than seeing your child get hurt. Whether the injury happened at school, in a car accident, at home, or on someone else’s property, the impact can be devastating and long-lasting. In addition to handling their injuries and comforting them, you’ll need to manage medical bills and insurance forms, and find a lawyer to make sure everything is done correctly.
Here’s what you need to know about protecting your child’s rights after an injury.
1. Understand liability in child injury cases
Determining who is legally responsible can be complex, but it’s necessary for protecting your child’s rights. For example, schools and daycares have a duty to provide safe environments. Supervisors who are negligent and unsafe conditions are two factors that can make them liable.
If your child was hurt on someone’s property, premises liability laws may apply. And if your child was injured on a playground or by some kind of toy or product, there’s a chance the manufacturer can be held accountable. You can pursue a lawsuit against anyone who played a role in your child’s injury, even when that role is indirect.
If you believe a third party is responsible for your child’s injury, it’s important to consult with an attorney right away. Working with a personal injury attorney is the best way to get the compensation you need to cover your child’s medical bills and ongoing expenses.
2. Notify the appropriate parties
In some cases, it’s important to notify certain people of the injury. For example, this might include your child’s other parent, school, daycare center, or sports organization. Don’t leave anyone hanging when your child’s schedule unexpectedly changes and they don’t show up.
Depending on where the injury took place, you might need to file an official report. It’s important to create a paper trail because that’s what will be used to support your claim. Taking formal steps ensures nobody can claim you didn’t report the accident.
Once the right people have been notified and you’ve filed any necessary injury reports, contact any relevant insurers. Just don’t give detailed statements until you talk to a lawyer.
3. Consider the long-term impact
Protecting your child’s rights requires protecting their future. Consider the long-term impact by tracking ongoing costs like physical therapy, counseling, and potential medical treatments. Think about how your child’s injury might affect their ability to go to school and participate in sports. If their injury is severe, you may need to consider how it will impact their future earning potential.
When you file a lawsuit, the court might set up compensation in a way that ensures funds are available when your child becomes an adult. This level of long-term thinking will protect your child now and in the future.
4. Support their emotional recovery
Physical injuries often cause emotional scars, and kids are especially prone to anxiety, nightmares, and fear after an accident. Watch your child for mood swings and fear of certain places. These can be a sign of emotional trauma.
If possible, get your child into counseling right away, even if they seem okay. Shock can cause trauma to be invisible. A therapist can help your child process their experiences in healthy ways and learn coping skills.
At home, consistency can restore your child’s sense of safety, so keep providing reassurance and stability for them. Emotional recovery is just as important as physical healing.
5. Be ready to fight for compensation
Dealing with insurers after an injury can be frustrating, and that’s why you need to know their tactics. Expect resistance because insurance companies will minimize payouts by downplaying injuries or blaming the accident on something that disqualifies compensation.
Never accept a settlement offer from an insurance company without talking to a lawyer. They’ll offer you fast money to close your case, but it won’t be what your child’s case is actually worth. Most settlement offers don’t cover long-term needs. Unfortunately, once you accept a settlement, you can’t pursue additional compensation. That’s why you need to talk to a lawyer first to make sure you know what you should be receiving.
6. Stand up for your child’s rights
An injury can change your child’s life in an instant, but it doesn’t have to limit their future. By documenting the incident, filing an incident report, understanding liability, and working with an experienced lawyer, you can protect your child’s rights. Compensation won’t erase the trauma, but it will provide the financial resources your child needs to heal.