Our Maryland child injury lawyers have a depth of experience handling cases ranging from wrongful death to sprained backs. In many ways, handling a child injury case is very similar to how we handle every other case. But of course, damages to children are different. Children heal faster than adults. For this reason, children generally spend less time going to physical therapy for a neck or back injury. On the other hand, if a child’s injury is significant and life-altering, that has far more value in a child’s case than if an older adult with not much natural life ahead of him suffers the same injury. Accordingly, while much of the law and procedure is the same for these cases, the way we evaluate the value of your child’s case is different.
Below, our esteemed Maryland child injury lawyers discuss the common types of injuries children face, how to value them, and the legal process for child injury claims. At Gelb & Gelb, we understand how scary it can be for a parent to see their child injured. When it is due to someone else’s negligence, it can be infuriating. Whether the accident occurs at school, on the playground, or in a motor vehicle, we will help you navigate this process and get your child the compensation they deserve. If your child is a minor, we will need a parent or legal guardian to cosign any forms with the child. In many cases, a parent is injured at the same time as their child. No matter how the injury occurs, we leave no stone unturned in holding the wrongdoer responsible.
Call Gelb & Gelb in Maryland today at (202) 331-7227 for a free consultation.
Our Maryland child injury lawyer will handle countless types of child injuries. Although, not all types are compensable. The list below highlights the three most probable categories of child injuries our firm has handled for over 70 years.
Accidental injuries can include playground accidents or sports accidents. Each of these is unique to children. First, playground accidents are far more complex than you might imagine. Suing a school in Maryland is difficult if it is a private school because there are notice requirements. Accordingly, you must act immediately as a parent and speak to a Maryland child injury lawyer before the statute of limitations passes. This is different from the three-year statute you may find online. Instead, this notice requirement applies when you sue the state. Additionally, we must prove that the school knew or should have known of some hazardous conditions on the playground. Sometimes, a dangerous condition just presented itself a few minutes before. In that scenario, expecting the school to have already learned of the hazard would be unreasonable.
On the other hand, if the school knew about the hazard for weeks and had not acted to rectify it or to prevent the children from using that playground area, there may be liability by the school and, thus, the state.
For a sports-related injury, the sports team or school is liable for gross negligence if it is a sports team under the umbrella of a school. This is because, in most recreational sports leagues, the leagues know to require a child to sign a waiver. Of course, given that these are children under the age of majority, they must also be signed by a parent. Assuming they have been properly executed, the team is only liable for grossly negligent, reckless, or intentional conduct that causes your child’s injury.
Traffic-related injuries may include car accidents, truck accidents, pedestrian accidents, or some other type involving a motor vehicle and you or your child. This is the most common injury for children that results in a lawsuit. This is because the child is rarely at fault for the accident. Moreover, for motor vehicles, most drivers have some source of insurance coverage, allowing a child to recover compensation. There is some debate in courts about whether a child can be contributorily negligent. For an adult, if you are even 1% negligent in causing your injury, you probably are barred from recovery. Of course, there are exceptions that an experienced Maryland injury lawyer may find within the case law. However, for children on a playground, it is a complex case to win because the child may have been playing carelessly.
This is not the case in a traffic-related accident. This is an adult activity. This means everyone is held to the same standard and legal duty on the road, regardless of age. If you and your child are injured, speak to a Maryland child injury lawyer to discuss your options.
If a daycare makes you sign a liability waiver before dropping your child off for a session at the daycare, we advise you not to use that daycare. It can be stressful for new parents to trust a daycare. Call our office today if your child is injured due to negligent supervision or improper equipment maintenance at a daycare. Our Maryland child injury attorneys have been successful in numerous instances, holding daycares legally liable for injuries to children.
Compensation for child injuries from negligence should be evaluated using these categories.
Economic damages for a child injury in Maryland include medical expenses and lost wages. It may also include the loss of any property. The classic example is a golf bag in the trunk of your car that is now destroyed. Economic damages may also include Uber expenses from your doctor appointments. However, it would be best if you were very careful taking Uber or taxis and expecting compensation. You have a duty to mitigate damages as a plaintiff. Thus, you may get compensation for essential trips, but what you consider essential may not be the same as what the law deems necessary. Always consult your Maryland child injury lawyer before incurring an expense to ensure it is compensable.
Noneconomic damages cover your pain and suffering. This is a broad category for intangible damages. There is no way to quantify what this is worth; it is ultimately a jury question. However, in general, the more pain you are in, the more inconvenienced you are by the injury and accident, and the longer you require medical treatment for your injury, the more noneconomic damages you are entitled to. If your child suffers an injury that has a long-lasting impact, this has more value than an injury that fully heals. For example, if your child can no longer walk and is paralyzed, the child can recover compensation for the loss of enjoyment of life related to that injury.
For larger settlements, our Maryland child injury lawyers will help you create a trust for your child. Even though you are the child’s parent, our fiduciary duty is to our client. Thus, we cannot give any settlement directly to parents above a set amount. Instead, a trust will be set up in the child’s name, giving them their rightful compensation. The child will have access to the trust when they turn 18.
Contact the Maryland child injury lawyers at Gelb & Gelb today for a free consultation. Our phones are available 24/7 at (202) 331-7227.
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