A parent’s worst nightmare is to receive a phone call that their son or daughter has been hurt. Consulting a Merrillville child injury lawyer about your case could provide some assurance during these difficult times. We thoroughly investigate the circumstances, including gathering evidence, interviewing witnesses, retrieving records, and evaluating liability.
Our compassionate personal injury attorneys understand the emotional and financial turmoil your family may be experiencing. We strive to leave no stone unturned in pursuing your rightful recovery.
Types of Child Injury Claims
Many different situations can give rise to a juvenile injury lawsuit. These can include:
- Car accidents
- School bus crashes
- Slip and falls
- Defective products
- Medical malpractice
- Dog bites
- Childcare facility abuse
- Exposure to toxic substances
Regardless of the specific circumstances, one principle remains constant: When a third party’s negligent or intentional conduct harms an adolescent, there are grounds to take legal action.
Daycare Facility Abuse
Parents put a lot of trust in childcare facilities to provide their kids with a safe and nurturing environment. However, this trust can be breached when employees engage in abuse or neglect. Harm stemming from physical abuse, neglect of basic needs like food and water, or a failure to properly supervise can leave long-lasting physical and psychological scars.
When pursuing a juvenile injury case against a daycare facility, a lawyer could use their knowledge of state law to help win compensation. They could also review school records to determine if there has been negligent hiring, supervision, or policy violations.
School Bus Accidents
Bus crashes are another scenario that a child injury attorney in Merrillville could handle. When a bus transporting kids is involved in a wreck, the consequences can be catastrophic given the young age of the passengers. State laws impose strict safety requirements on school buses, including firmly anchored seats and specific license requirements for drivers. In determining liability, a lawyer may name the school district, bus driver, or company as defendants in a lawsuit.
Indiana has minimum specifications for school buses, such as driver licensing, operating procedures, and equipment. A Merrillville child injury attorney could review the facts of each case, such as whether a bus was improperly maintained, underqualified bus drivers were hired, or if there was insufficient supervision.
Suing on Behalf of a Minor
Indiana law states that anyone under eighteen is considered a minor. Since underage individuals cannot bring a lawsuit, a parent or legal guardian can do so on their behalf.
In some instances, the court may grant anonymity to a juvenile by referring to them in documents as John Doe or Jane Doe. In sensitive cases involving child abuse or sexual assault, it is crucial to protect the adolescent against harm or embarrassment.
Calculating Damages in a Child Injury Case
The purpose of a child injury suit is to compensate an individual and their family for suffering caused by a third party’s negligence, reckless conduct, or intentional actions. Compensation is determined by the specific circumstances surrounding the case and injuries. Common types of damages include:
- Medical expenses
- Educational expenses
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages
- Wrongful death damages
Apart from physical pain, children may also experience emotional distress due to an injury. This can include depression, anxiety, PTSD, and other long-lasting psychological effects.
In addition, parents may file a loss of services claim, where a minor’s injury affects their relationship, such as a loss of companionship and affection. When this happens, the parent may be entitled to compensation for a loss of services.
Punitive Damages
Child injury lawyers in Merrillville also handle claims based on punitive damages. These awards go beyond monetary compensation because they punish the liable party to deter similar conduct in the future.
Punitive damages are not awarded in a standard negligence case; they are provided when an act is particularly egregious, reckless, or intentional. These are commonly seen in intentional tort claims, such as assault and battery, defamation, or intentional infliction of emotional distress.
Book a Consultation Today with a Child Injury Attorney in Merrillville
When your child was harmed due to the negligence or intentional actions of a third party, do not hesitate to contact our trusted team. Your family’s well-being is our top priority.
The Merrillville child injury lawyers at the Law Offices of David W. Holub will investigate every detail of your case, ensuring that your rights are protected and your interests are served throughout the legal process. Please schedule a free consultation with our team today.