What About Working with Parents and Guardians for Compensation after Catastrophic Injury to Children?
A working family has enough to worry about. If faced with a terrible injury that causes significant financial, emotional, or time issues for your loved ones, you need to be ready to deal with these matters head on.
Children’s accidents could take many forms, including:
- Severe auto accidents, such as being run over by a bike, or while waiting at a bus stop for school;
- Dog attacks, including bites and scratches to the face by puppies;
- Cat attacks where eyes or vision are scratched or weakened;
- Babysitter or caretaker rape and sexual assaults, use of knockout pills and drugs to aid in kidnapping, false imprisonment, or even sexual slavery;
- Doctor, physician or hospital negligence of a mentally challenged or hurt child under care, or prescribing of the wrong or defective drugs;
- Drowning or brain damage at water parks and private swimming pools, or while supervised at surf camp;
- Defective toys like Chinese junk painted with lead, or coated with some other toxic, heavy metal;
All of these could cause a tremendous strain on your family. If you are faced with the negligence or intentional actions of others, they need to be prevented from causing such issues for others. These problems can spring out of seemingly nowhere.
How Do You Prepare Your Case to Send to a Lawyer?
Documenting and preparing the evidence of what happened can be an important first step. You need an advocate that can work with you every step of the way so that you are prepared.
But to do that, you must:
- Take photos,
- Gather witness
- Collect police info and package it up for your prospective attorney. Finding a lawyer with the experience and the care to make sure that these things happen is vital.
Being able to determine what damage was done to your child will be valuable in court to determine if there are monetary damages that should be compensated.
How Does the Bystander Theory Work to Get Compensation for Child Negligence?
Your child can also recover for the pain and suffering that accompanied those injuries.
If the child had a job:
- He or she might even be able to improve things like loss of past, present, and future wages.
In some cases, a parent can recover as a:
- Bystander, for their own pain, suffering, and harm. This is because they perceived the injury to their kid, while it was occurring as under Dillon/Legg and Thing v. Lachusa.
So depending on the severity of their precious child’s injuries, the mounting bills for medical care could grow to monumental proportions. Most families will be unable to provide 24-hour nursing care. As a matter of fact, that is often necessary in cases like this.
How Can You Get Medical Compensation for Children’s Charges?
Immediate medical costs you may now face will mean money up front. Having an attorney to sign a medical lien for the injured victim goes a long way towards achieving the goal of top doctor care and the ability to pay immediate bills for necessary living expenses.
Of course, when a lawyer investigates, it moves the case along. In fact, hard work up front means that a parent can settle the case sooner. At least, they will have a set amount of money.
In any event, now they know what will be there for their child's lifetime care and expenses. The facts of the case are what make the difference.
What About Money for Postmortem Compensation?
In some truly unfortunate cases, due to the actions of the tortfeasor results in death. When this occurs, parents are entitled to recover monetary damages for the loss of love, affection, and joy the dead young one once brought them.
In California, recovery for this type of harm comes from relevant wrongful death and survivor’s statutes. It is also possible for a parent to recover for the child’s torment right up until the moment of the passing. But where to file the action, and how to litigate is within the purview of an excellent lawyer.
How Do We Help In Cases of Rape and Physical Abuse? Young people assaulted by a trusted person or stranger have many issues to face. Obviously, this remains a terrible situation.
- In almost all case, these children would need psychological care that could lessen scarring.
So this could be a very expensive and emotionally costly process. No monetary settlement can ever actually solve this issue. But compensation could help pay for the great costs of such a recurring issue.
Also, this can help both young and old deal with this stressful time.
- Abused offspring will almost always require special psychological care, and it is not cheap. Parents and guardians are stricken with grief and overwhelmed. As a matter of fact, large bills and incidentals associated brazen baby injuries pile up fast.
But no amount of monetary token will fully repair the damage and ruination done to an abused little cub.
But justice in the form of punitive and general damages will at least help the parents mitigate some of the new found expenses and mental issues. Obviously, these will crop up from these types of cases.
What Are Some Common Signs and Perpetrators of Child Abuse?
- Priest and pastor abuse are particularly heinous. Apparently, members of the cloth remain trusted members of the community;
- Foster care abuse is on the rise. False allegations of dysfunctional parents by rogue public employees sharing money with foster parents to strip the birth parents of their parental responsibilities is a disgusting civil rights violation. Taking on public employee unions with an attorney is hard task, but almost impossible without one that knows what they are doing;
- Teacher-child abuse occurs when a physically abusive, or sexually corrupt teacher uses their position of authority and trust to make punching bags or sexual objects out of your own child. Schools are mandatory reporters.
So by law, teachers and admin must report and investigate these crimes. But more and more we see schools fighting for the collective bargaining rights of the abuser. So do you really trust unions seeking pensions to stand tall for the rights of victims?
Same goes for making sure to conduct adequate background investigations. More and more, public school teachers, in particular, have made themselves adversaries of parental rights.
How Do You Go About Retaining an Attorney that Will Fight for You?
Ehline Law Firm remains among the most trusted injury law firms in the Los Angeles area.
We fight for the disadvantaged victims that often have no voice.
We are ready to represent you with all of our effort and integrity. If you or a member of your family needs help, please call (213) 596-9642 for a free and confidential consultation.