Child Injury Cases Are Serious Legal Matters in Kansas and Missouri
An unexpected accident can have significant consequences for a child. In addition to the physical injuries sustained because of the accident, a child can suffer emotional distress, pain, mental anguish, scarring, and permanent impairments. Dealing with an injury claim can be overwhelming for parents who are focused on the health and well-being of their child after an accidental injury.
An experienced Kansas City child injury lawyer can handle all aspects of the child injury claim so that parents can focus on their child. This is but one reason that you may want to consult with our Kansas City child injury lawyer if your child has been hurt due to the negligence of another, whether in a car accident or other personal injury accident.
Three Reasons Why You Need a Kansas City Child Injury Attorney
In addition to allowing you to focus on your child’s physical and emotional recovery from an accidental injury, hiring a child injury attorney in Kansas City is important because:
Proving Fault in Child Injury Cases Can Be More Complicated
Children are less experienced and are more impulsive than the average adult. These traits can make children more susceptible to injuries. Defendants and many insurance companies argue that the child’s actions contributed to the cause of the injury. However, adults must act with a reasonable standard of care when it comes to protecting children. Therefore, it can be difficult to determine who is at fault for a child’s injury – the child or another party.
A Kansas City child injury lawyer investigates the circumstances surrounding the injury to determine the factors involved in causing the child’s injury and whether any individuals, property owners, government entities, or companies were negligent or reckless.
A child injury attorney understands how to argue that the court should consider the child’s age and maturity level when assessing whether the child acted in an age-appropriate manner and therefore should not be held accountable for contributing to the cause of the injury.
Also, a child’s age and maturity level can complicate a personal injury claim if the child is hesitant or unable to tell parents about the events leading up to the accident. Some children may fear they will get into trouble if they tell what happened while other children are simply too young or lack the maturity level to communicate effectively. A child injury attorney can locate experts who work with children to assist them in recounting the events leading up to an accident or injury.
Settlements Involving Injuries to a Child Require Court Approval in Kansas and Missouri
Children cannot file a personal injury lawsuit. Parents or legal guardians must pursue the claim or filing the personal injury lawsuit on behalf of the child. The parents or guardians make decisions related to the claim, including whether to accept a settlement from the opposing party.
However, because the settlement of a personal injury claim is for the benefit of the child, a court must approve the settlement amount and terms. Court approval is intended to protect the best interests of the child by ensuring that the settlement negotiated between the child’s parents or guardians and the other parties involved in the claim is fair and just.
A Kansas City child injury lawyer is familiar with the process of obtaining court approval for child injury claims. An attorney can quickly and efficiently file the necessary motions and make the required arguments to the court for approval of the settlement. The attorney can also guide parents through the process of setting up a trust account and explain the duties, requirements, and responsibilities of managing the child’s settlement until the child is old enough to receive the settlement proceeds.
There is More at Stake Because the Victim is Young
When a child is injured, there could be long-term ramifications on the child’s growth, development, and mental well-being. Depending on the type and severity of the injury, a child could suffer permanent impairments or disabilities that significantly impact the child’s ability to grow and mature normally. In some cases, a child injury results in a lifetime of medical treatments, loss of educational opportunities, diminished quality of life, emotional disorders, physical pain, and loss of future income.
The damages and losses in a child injury claim must be carefully analyzed, documented, and valued. The future impact on a child as he or she matures to adulthood must be considered when calculating the value of a child injury claim. Without the guidance and advice of medical experts and an experienced child injury attorney, a child may not receive full compensation for current damages and potential complications and damages in the future.
Contact a Kansas City Child Injury Attorney for More Information
The Law Office of Kevin J. McManus handles a variety of child injury cases, including car accident, bike accidents, slip and falls, dangerous property conditions, day care, bus and school injuries, and dangerous products.
Our personal injury law firm prides itself on being strong legal advocates for the rights of injured children throughout Missouri and Kansas. If your child sustained an injury, let our team of legal professionals help you hold the responsible party liable for negligence and wrongdoing.
Call our Kansas City child injury attorney at 816-203-0143 for a free consultation. We would be honored to assist you and your family.