When a child suffers any injury, the entire family suffers the impact. When a child suffers severe injuries due to the negligence of another party, it can cause any number of problems: not only the financial struggle to make sure that the child receives the best possible medical care but also the ongoing difficulty associated with making sure that the child receives comprehensive support during the claim process.
Furthermore, many families struggle with a great deal of emotion after finding out that a child has suffered those injuries due to someone else’s lack of care.
At Bruning Law Firm, we can provide comprehensive legal support for the families of Creve Coeur child injury attorneys for victims. Contact us today to learn more about your family’s right to compensation.
Help for Creve Coeur Child Injury Victims
Child injury claims can quickly turn complicated. Not only do you have to contend with the immediate aftermath of the child’s injuries, including medical costs, but you may also find yourself wrestling with a potential long-term impact on the child’s development. At Bruning Law Firm, we have extensive experience with various past injury claims, including child injury claims.
- $50 million awarded when two children died in a fire due to a defective smoke detector
- $2.9 million when a defective power cord started a house fire that led to the death of two children
- $707,000 awarded when a babysitter failed to supervise a young child, leading to his death
These results cannot guarantee the results of your child's injury claim. However, the experienced lawyers at Bruning Law Firm will bring their extensive support to any case, increasing the odds of a successful financial outcome.
We Care About Your Story and Your Needs
At Bruning Law Firm, we try to put ourselves in our client’s shoes. We want to understand the suffering your family has faced due to the injuries to your child. As a result, we place ourselves in the best possible position to fight for you. We treat you as you would want to be treated, including ensuring that we stay in regular contact with our clients throughout the claim process and offer them information whenever possible.
We Know You Need Compensation as Soon as Possible
The compensation from a child injury claim can make a huge difference in your ability to take care of your child, especially one who suffers a permanent disability because of the negligence of another party.
At Bruning Law Firm, we know you need compensation as soon as possible. We provide our clients with comprehensive legal support that streamlines the claim process as much as possible so they can get the compensation they need and deserve in their hands sooner. Ultimately, that means much more successful outcomes for many of our clients.
We Fight for Success With Every Claim
At Bruning Law Firm, we know what success looks like a claim result that reflects the damages your family has sustained due to your child’s injuries. We fight to help every client maximize the results they can recover after a child suffers serious injuries.
Did your child suffer significant injuries due to someone else’s negligent actions? As a parent or guardian, you have the right to take legal action on behalf of your child. We aim to help guide our clients through the claim process, providing key insights at every step. Contact us today for your free consultation.
Understanding Creve Coeur Child Injury Claims
Child injury claims may progress a little differently than adult injury claims. Adults generally bear a higher duty of care to protect and care for the children around them. Children who suffer significant injury due to the adult’s negligence have the right to file a claim for compensation.
The Statute of Limitations
In most cases, the Missouri statute of limitations allows the victim to move forward with an injury claim five years after an injury. However, in the case of child injury claims, the statute of limitations does not start counting down until the child turns 21. Minors cannot file an injury claim in Missouri or throughout the United States. By tolling or pausing the statute of limitations, the child can file a claim on their own if the parent does not file for them.
In an injury claim involving an adult, the liable party and the victim often settle out of court. In child injury claims, while the two parties may reach an equitable agreement out of court, the court will need to approve that arrangement. Getting the court’s approval ensures that, ultimately, the agreement represents the child’s best interests and not the interests of either the parents or the liable party.
Distribution of Funds
The funds from a minor’s personal injury claim belong to the minor, not the guardian. While the funds from the injury claim can go to covering the cost of medical treatment and other immediate financial needs associated with the accident, that does not necessarily mean that the parents can recover the full funds from an injury claim, which may include elements like the child’s pain and suffering. Instead, the judge who hears the case may select from various options.
In a conservatorship, the court will take possession of the settlement funds and maintain jurisdiction over its use until the child turns 18. The judge may insist that the court has to approve any use of those funds to ensure that each purchase represents the child’s best interest.
A Restricted Account
A restricted account will have specific restrictions, usually set in place by the judge, to determine when the family can pull out those funds and what they can use them for.
A Structured Settlement
A structured settlement process pays out over time after the child turns eighteen. Common in larger settlement cases, these structured settlements may pay out a specific amount on the child’s 18th birthday or some other predetermined date, then issue other payments over time. This strategy often helps child injury victims make more practical financial decisions.
Common Child Injury Causes in Creve Coeur
Children can suffer injuries in a number of ways. However, some injuries may occur more frequently than others due to the inherent danger in some of those activities.
Unintentional injuries serve as the leading cause of death among Missouri children.
- Motor vehicle accidents are the leading cause of death among children: around 64 percent of injury deaths. Motor vehicle crashes can also mean substantial injuries, including long-term disabilities.
- Pedestrian accidents. Around 17 Missouri pedestrian deaths occur among children each year.
- Bicycle accidents. Children have a higher risk of suffering severe injury or death due to bicycle accidents since many children do not yet have the cognitive ability to assess danger and avoid it as needed.
- ATV accidents. ATVs remain popular among Missouri children and adults. However, children under 16 should not ride adult-size all-terrain vehicles, according to the Missouri Child Fatality Review Program, because children do not yet have the mass to ride and control those vehicles.
- Abuse or neglect from caregivers. In many cases, Missouri children who receive inadequate supervision or abuse from their caregivers have a higher risk of fatal accidents.
- Burn injuries may occur as a result of a variety of preventable incidents. Faulty smoke detectors can present a serious problem in many homes.
- Drowning injuries. Unsupervised children can suffer serious injuries in a pool.
When the negligence of another party results in the injury or death of a child, the family may have the right to seek compensation for the losses associated with those injuries. A lawyer can help you learn more about the likely cause of the child’s accident.
Creve Coeur Child Injury FAQ
Who Has the Right to File a Child Injury Claim in Creve Coeur?
According to Missouri law, parents and guardians have the right to file injury claims on behalf of their minor children. However, the court has to approve any settlement related to a child injury claim. Minor children do not have the right to file an injury claim on their own, so if the parents or guardians do not choose to file a claim, the child may choose to file a claim after reaching the age of majority.
Who Has to Pay My Child’s Medical Bills After a Serious Accident in Creve Coeur?
As the parents of a minor child, you will need to take responsibility for your child’s medical costs. That can often mean high medical bills, especially if your child has a long stay at Mercy Medical Center or Barnes-Jewish West County Hospital. If your child has more serious injuries, you may even find yourself staying at St. Louis Children’s Specialty Care Center in Town and Country, which can further increase the costs of your child’s medical needs.
You may have several options to alleviate that strain.
- Your health insurance. Health insurance can assist in paying for medical bills whenever a child suffers a serious injury.
- An injury claim. Remember that you may have to petition the court or go through a trust set up for your child to access those funds.
- Negotiating your bills. Working with a lawyer in Creve Coeur can make it easier to negotiate with the hospital or care provider and learn more about your specific rights.
How Can I Protect Our Family After My Child Suffers a Serious Injury?
If your child has sustained a serious injury, you may have many questions about how to protect your family financially, especially as those medical bills start rolling in.
You may need to take many steps to receive that essential protection.
- Keep track of all medical bills associated with your child’s claim. You may need to keep receipts for copay, and deductible amounts that you must cover upfront to get treatment for your child.
- Journal about the challenges your child faces during recovery. Write about “down days” and the emotional struggle your family faces. Discuss the psychological trauma your child and your family suffered as a result of the accident.
- Have your child, if old enough, keep their own journal regarding the recovery process. Let your child know that the court or the insurance company may read that journal later to avoid sharing information your child might want to keep private.
- Get in touch with a lawyer as soon as possible. A lawyer can help provide critical advice about the steps you must take after your child’s injury, including how to best protect your family’s rights.
- Avoid talking to the insurance company directly. Instead, let your lawyer deal with those conversations. Your lawyer can provide you with essential insights into handling those conversations, including avoiding accepting a lower settlement offer than your child deserves.
Dealing with a child’s injury can prove very difficult. Working with a lawyer can improve your ability to handle the devastation that often accompanies those injuries.
Get Help Moving Forward With a Creve Coeur Child Injury Claim
Handling a child injury claim in Creve Coeur alone can mean your family does not receive the compensation you deserve. In many cases, you may find that the insurance company covering the liable party makes it difficult for your family to get reasonable compensation.
At Bruning Law Firm, we help fight for the compensation your family deserves. Contact us today at (314) 786-2615 to discuss your rights after a child in your family suffers severe injuries due to the negligence of another party.
Call The Bruning Law Firm Today for Your Free Consultation
Call our personal injury lawyer in Creve Coeur at The Bruning Law Firm will work to resolve your case as quickly as possible. Our team is available 24/7 to complete your consultation at (314) 266-6950 or you can contact us online.
Call The Bruning Law Firm today for your free consultation.
"When other law firms failed me. Bruning Law Firm came through for me. They did a great job and were able to get me more compensation than I expected. Couldn't be more pleased. Truly glad these folks were there for me. Took care of everything. Truly pleased. Thank you Ryan and Alice." - Joseph F.
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