Personal injury cases can be very harrowing, strenuous, and stressful. This is even more true when a child is a victim and the claimant. It is not straightforward when it comes to a child claiming compensation, and rather, you as the guardian must be in charge of the process and oversee everything. This page will tell you how you can claim personal injury compensation for children diligently and efficiently. Personal injury can occur in different ways, and should your child find themselves injured as the result of something out of your and their control, and something that was neither your nor their fault, then it is essential that you claim personal injury compensation to ensure they receive justice and are treated fairly. No child deserves to be wrongfully injured.
This page will now go on to tell you how to claim personal injury compensation for children.
Contact an Attorney
The first thing that you will want to do when it comes to a child’s personal injury claim is to contact your attorney. There is no way that you can take your claim forwards without contacting an attorney. It can be very stressful when your child is injured in an accident, but by hiring an attorney, you will be able to alleviate the stress and focus on your child’s recovery while your attorney handles all of the paperwork. It is important that when looking for an attorney that you find one who offers the best service and has a length of experience. Hiring an unprofessional or inexperienced attorney can be a detriment to your case, and when your child is involved, it is absolutely critical that you find the best attorney to handle it, lest the case not results in compensation.
The next stage in the process is notification. This is when your attorney will notify the defendant that a claim is being made against them. You will also notify the court that a civil lawsuit is being filed. The notification process is very quick and, is another process, you can leave entirely to your attorney and not have to worry about getting involved in. During the notification process, paperwork will be filed in the courthouse to set a date for the trial, pending the response of the party to whom is being summoned to court (the defendant).
Immediately after notification, you may receive what is known as an out of court settlement offer from the defendant; the defendant may decide to offer you a settlement so that the case does not go to court. The court process, for the defendant, can be very expensive, and they may have to pay a huge amount of compensation to you. Because of this, out of court settlements are quite regularly offered. They can vary depending on the nature of the case and the sum that you are attempting to sue them for. Your attorney will advise you whether or not it is a good idea to accept.
The next step in the process, providing no settlement is arranged, is evidence compilation. This will be a step left to your attorney and a very important part of the entire legal process. Your attorney will go through all of the potential sources of evidence, from CCTV to testimonies, and everything that comes in between. Your attorney will likely have their own private investigator who will handle this for you and will ensure that any evidence is brought to the attention of the court. If you have any physical evidence or any other form of evidence, this is the time to give it to your attorney. The defendant’s legal team will also compile evidence.
Following the evidence compilation will be the trial. The trial will be where your attorney and the attorneys of the defendant argue and present the evidence that they have compiled. The trial can last for a week or two, depending on the court schedule and how much evidence there is. You may be called to the stand to give testimony for your child (and in some cases, the child may be called depending on their age).
The verdict will vary depending on how much evidence was provided, and the nature of the accident or injury. The verdict, if guilty, will mean you are awarded a settlement (often the sum you have originally set forward, although the judge may demand more or less). After this, you are free to go and move on with your life and help your child to recover.
Now, with the help of this page, you know everything that there is to know about a personal injury case involving your child, and how you can take the process forward. Personal injury cases can be very stressful for a child, so try to ease the burden on them by keeping them as far away from the court and trial as possible.