West Chester Child Injury Lawyer
REQUEST A FREE CONSULTATION
Should I Get A personal injury Lawyer if i get a child injury
When a child experiences a serious injury, the impact on their family is profound. While the emotional burden cannot be completely lifted, holding at-fault parties accountable can provide some relief. Our West Chester child injury lawyers are here to support you in seeking justice for your family.
A personal injury settlement or jury award can help alleviate the economic costs associated with a child’s injury. From medical expenses to potential loss of future earnings, obtaining compensation can provide necessary support. Our dedicated team of child injury lawyers focuses on achieving results, enabling you to prioritize healing and rebuilding your family.
West Chester Personal Injury Practice Areas
Compensation Available for Injured Minors in West Chester State
Under the West Chester Civil Practice Law and Rules (CPLR) Section 1207, individuals under the age of 18 have protections for personal injury sustained in an accident. In West Chester, if a child suffers an injury due to another party’s negligence, the minor may be entitled to compensation for various damages, including:
- Pain and suffering.
- Emotional distress.
- Permanent injury.
Additionally, the parents of the injured minor have the right to seek economic damages, such as medical expenses, on behalf of their child.
For a free legal consultation with a child injury lawyer serving West Chester, call (212) 463-8888
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
INJURED? LET US HELP
How Does a Child Injury Attorney Help Recover Damages for a Minor?
Bus accidents can result in catastrophic injuries not only for riders but also for pedestrians and vehicles sharing the road. When a child sustains injuries due to someone else’s negligence, they have the right to seek compensation. However, since minors cannot negotiate settlements on their own, our law firm steps in to represent their best interests and the interests of their parents.
We handle various personal injury cases, including:
- Car accidents.
- Dog bites.
- Bicycle accidents.
- Medical malpractice.
- Slip and fall accidents.
- Truck accidents.
- Motorcycle accidents.
- Construction accidents.
West Chester Child Accident Lawyer Near Me (212) 463-8888
We Handle Wrongful Death Lawsuits with Compassion and Professionalism
In tragic instances where a child’s injuries result in death due to another party’s negligence, pursuing a wrongful death action may be necessary. Through this legal process, you may seek compensation for:
Loss of love and companionship.
Potential losses the child could have recovered if they had survived.
While no amount of compensation can alleviate the pain of losing a child, it can help cover the economic costs and provide a sense of closure.
Handling Insurance Companies on Your Behalf
Most personal injury cases are resolved through settlements rather than court proceedings. However, it is not advisable for parents to negotiate directly with insurance companies on their child’s case.
Insurance companies prioritize their own interests and may employ tactics such as stalling, denying or undervaluing claims. Our legal counsel can protect your rights by:
- Managing communication with the insurance company.
- Safeguarding against statements that could be used against you.
- Ensuring a fair evaluation of your child’s damages.
The Proper Handling of a Child Injury Case
Our dedicated team of lawyers is committed to securing fair compensation for your child’s injuries. We will:
- Conduct a thorough investigation into the accident.
- Establish the negligence and liability of the at-fault party.
- Calculate the damages incurred by you and your child.
- Present your case to the insurance company.
- Engage in negotiations for a fair settlement.
- Initiate a lawsuit if a fair settlement cannot be reached.
How We Establish Liability When a Child Suffers Injuries
To succeed in a personal injury claim, it’s not enough to prove that someone caused an injury. Under West Chester law, you must establish negligence on the part of the at-fault party. Our lawyers will construct a compelling case that satisfies the following four essential elements of a personal injury lawsuit:
- Duty of care: The at-fault party had a responsibility to ensure the safety and well-being of you and your child.
- Breach of duty: The at-fault party failed to fulfill their duty of care.
- Causation: This breach of duty directly resulted in injuries suffered by you and your child.
- Damages: The injuries sustained by your child led to physical, emotional, and financial losses.
Gathering Crucial Evidence
Our child injury lawyers understand the importance of gathering comprehensive evidence to support your case. We will carefully listen to your account of the events leading to your child’s demise and document every detail that can strengthen our arguments regarding duty, breach of duty, and causation.
Additionally, we will take the initiative to conduct our own investigation, including:
- Obtaining the police accident report.
- Interviewing witnesses.
- Collaborating with accident reconstruction specialists.
- Consulting with medical experts.
Trust us to leave no stone unturned in gathering evidence to prove negligence.
Establishing that You are Eligible to Collect Compensation
The impact of your child’s injuries extends far beyond mere medical expenses. Our experienced attorneys understand that serious physical injuries can result in significant economic damages that persist into the future. Ongoing medical treatments and the potential loss of future earnings are among the recoverable future-oriented losses to be considered.
Our legal team collaborates with experts who specialize in assessing and reporting on the nature and extent of your child’s current and anticipated accident-related losses. We meticulously calculate the financial impact, including your income losses resulting from caregiving responsibilities, as well as costs associated with:
- Medical treatments.
- Prescription medications.
- Home modifications.
- Mobility devices.
- In-home care.
By accounting for all present and future losses, we strive to ensure that your child receives fair compensation for their injuries.
Understanding West Chester Laws: Statute of Limitations for Child Injury Cases
While most personal injury cases in West Chester are settled through negotiations, it is crucial to be aware of the statute of limitations governing child injury cases. As the child or parent in this situation, you have a limited timeframe within which to file a lawsuit against the negligent party(ies).
According to the West Chester Civil Practice Law and Rules:
A suit can be brought on behalf of a minor child at any time before they reach their 21st birthday; the injured child may file their own claim, without a parent, once attaining the age of 18.
It is important to consult a child injury attorney promptly to ensure your rights are protected within the designated time frame.
Our West Chester Child Injury Lawyers Are Here to Help Your Family
When contemplating hiring our law firm to handle your child injury case, it is essential to consider the time frame by which to file a claim. This ensures that the statute of limitations does not expire thereby allowing us ample opportunity to file a lawsuit if required. By proactively providing for this time, you safeguard your legal rights and interests.
Seeking Compensation for Your Child’s Injury
If your child has suffered an injury or death in West Chester due to someone else’s negligence, you may be entitled to seek compensation. Dealing with such traumatizing matters on your own can be complex and overwhelming. Our experienced attorneys are here to shoulder this burden on your behalf.
Call Gabriel Legal Injury Lawyers Today to Initiate Your Case
Let our dedicated attorneys alleviate the weight on your shoulders. We operate on a contingency fee basis, which means you only pay our legal fees if and when our lawyers secure a settlement or an award is received. This ensures that you can pursue justice without financial strain.
Contact Gabriel Legal Injury Lawyers today to discuss your child injury case and take the first step towards obtaining the compensation you deserve.
Determining Liability in an West Chester Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in West Chester after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that West Chester does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that West Chester follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
Filing Court Documents
The Discovery Process
Pre-Trial Litigation and Motions
Arrange Your Free Consultation in West Chester
Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
Contact us today for a free consultation and let us assist you in moving forward after this challenging time.