Children have the right to happy and safe childhoods, and adults have a responsibility to protect them. Unfortunately, the negligence and carelessness of adults can lead to injuries in children through no fault of their own.
Kids tend to be fearless and impulsive, which can lead to serious injuries if an adult is not looking after them properly. When a child suffers a preventable severe injury because of the carelessness, recklessness, or negligence of an adult, a personal injury attorney could seek justice on behalf of the child. A dedicated Tacoma child injury lawyer such as Chong Ye can act as a legal advocate for a family, guiding them through the legal process and pursuing fair compensation.
Children are more susceptible to illnesses, pain, and injuries than adults. If someone puts a child in a situation that could cause them harm, that person could be held liable for the resulting injuries. Examples of such injuries in children include:
Whatever the cause of a child’s injuries may be, a dedicated attorney in Tacoma could assist a family in holding the responsible party liable for their negligent actions.
To establish fault in a child injury case, the plaintiff will need to prove that the defendant acted negligently. To prove negligence, the plaintiff must demonstrate that the defendant owed a duty of care to the child, this duty was breached, and injury resulted from this breach.
Liable parties could include caregivers, babysitters, property owners, school officials, toy manufacturers, and more. Liability can be complicated depending on the specific incident, so having an experienced Tacoma attorney like Chong Ye on your side could be helpful in determining the responsible parties and building a strong child injury case against them.
Child personal injury claims are similar to adult personal injury claims for compensation, with some minor differences. Under state law, a court-appointed guardian must pursue an injury claim on behalf of a child that is younger than 18 years of age. This guardian is often the parent but could be any adult that protects the best interests of the injured child.
The Revised Code of Washington § 4.56.250 allows for the caregivers of minors who suffer injuries in a personal injury case to collect damages for economic and non-economic losses. While economic damages cover calculable monetary losses such as medical care, non-economic damages are more subjective and cover emotional trauma and pain, and suffering.
Each case is unique. A skilled local attorney could review all the collectible non-economic damages that a guardian could pursue when filing a child injury lawsuit.
Under RCW § 4.16. 080, individuals have three years from the date of an accident to file for personal injury claim damages with the court. However, the statute of limitations for minors is slightly different. For individuals younger than 18 years of age, the three-year deadline for filing will not begin running until the child’s 18th birthday. After this, the individual will have until their 21st birthday to file a claim.
While this may seem like a long time, child injury cases can be incredibly complex and take months or even years to thoroughly investigate. It may be in an individual’s best interests to reach out to a seasoned Tacoma attorney such as Chong Ye and his experienced staff as soon as possible after the minor suffers an injury. A legal professional with experience handling these types of cases could investigate fault, interview expert witnesses, and build a strong case on behalf of the injured party.
If your child has sustained severe injuries in an accident, you may be dealing with hospital stays, medical procedures, and worrying about the long-term effects the injuries may have on your little one. Leave the legal work up to professionals you can trust.
If the recklessness or negligence of another caused your child’s injuries, a compassionate Tacoma child injury lawyer could fight for the damages you deserve. Call attorney Chong Ye and his team at The Ye Law Firm today to schedule a consultation.