Finding out that your child has sustained serious injuries due to another party’s dangerous or negligent actions can leave you spinning. What should you do next? How can you protect your child and the rest of your family, especially if your child has immense medical bills that you will need to address?
At The Bruning Law Firm, we make sure the parents of child injury victims understand their legal rights and help them pursue the compensation they deserve. Contact us for your free consultation.
The Bruning Law Firm: Helping St. Louis Child Injury Victims Pursue Compensation
At The Bruning Law Firm, we have helped St. Louis victims obtain better results in many types of child injury claims.
Take a look at some of our past results.
- $50 million jury verdict awarded to the family of two children who died in a fire due to a defective smoke detector
- $2.9 million settlement when a defective power cord started a house fire that led to child death
- $707,000 jury verdict for the family of a child when a babysitter failed to supervise them properly, resulting in their death
After a serious child injury in St. Louis, you need a child injury lawyer that you can count on. The Bruning Law Firm contains many attorneys who feel strongly committed to “helping the little guy” or “pursuing justice.” After your child suffers serious injuries, The Bruning Law Firm can help collect evidence related to your child’s accident, go over your family’s right to compensation with you, and fight for the financial compensation your family really deserves.
St. Louis Child Injuries
When those injuries occur because of someone else’s negligence, the party that failed to exercise reasonable care around your child may bear liability for the incident.
- Sporting accident injuries can occur because a coach over-trains young bodies or pushes a child to engage in excessive violence on the field.
- Car accidents, including bike accidents and pedestrian accidents, can occur in the blink of an eye, often resulting in permanent injury for the child involved.
- Negligent caregivers may allow children to wander off or engage in dangerous behaviors.
- School bullying can lead to severe injuries and may, in many cases, cause long-term emotional impact to the child.
- Children may suffer severe symptoms from sexual abuse.
Dealing with the aftermath of a child injury can prove incredibly complex, regardless of the type of injury your child sustained. Having an attorney like those at The Bruning Law Firm on your side can make it easier to manage that claim.
Recovering Compensation for an Injured Child in St. Louis
In St. Louis, a minor a child under the age of 18 cannot file a personal injury claim on their own. Typically, the child’s family will file a claim on their behalf. At The Bruning Law Firm, we cannot guarantee the compensation your child will recover for those injuries. However, we can help break down the financial and non-financial losses your family has dealt with as a direct result of the injuries your child sustained.
Most child injury claims include compensation for:
- Your child’s medical needs related to the accident. Your family may have immense medical bills to contend with, and a child injury claim can help offset some of those medical bills.
- Loss of any wages your child could have acquired. An older teen, for example, might already have a job and plan to use the funds from that job to buy a car, go to college, or move out. Loss of that income could prove particularly devastating for a young wage earner with big plans.
- Loss of earning capacity. If your child suffers a life-altering injury that prevents them from working and generating income in the future, you may have the right to include the loss of that earning potential as part of a child injury claim.
- Your child’s pain and suffering, including emotional distress related to the accident as well as the direct physical pain caused by those injuries.
The court may also take into account permanent disability, including loss of vision or hearing, loss of a limb, or loss of mobility due to the accident.
Who Bears Liability for a Child’s Injuries?
Child injury claims look a little different from adult injury claims for several reasons, including the investigation that determines who bears liability for the incident. Adults around children may have a much higher duty of care to those children than they might for other adults. For example, a dog owner may need to exercise particular care to observe their dog when around children and the owner of a swimming pool may need to put up a fence around that pool to help prevent children from slipping in unsupervised: steps you might not need to take in an area filled with only adults.
To determine liability in a child injury case, a lawyer may look at several critical details.
- Who bore a duty of care to the child at the time of the incident? For example, this might include a caregiver who behaved negligently to the child, a driver, or the manufacturer of products intended for use by children.
- How did the liable party violate that duty of care? In child injury claims, simple carelessness can often result in severe injuries. A lawyer can help break down the violation that caused your child’s injuries, whether that meant failing to properly check over playground equipment or ignoring a child’s needs or demands for attention.
- How did that negligence lead to the child’s injuries? In a child injury claim, establishing injury can prove essential. You would not have grounds for a claim if your child did not suffer injuries, though you may certainly have the right to push the liable entity to take steps to prevent future incidents.
St. Louis Child Injury FAQ
Do you have questions about the injuries your child sustained and your next steps? Take a look at the FAQ below.
1. Can I file a claim against a St. Louis school district if my child suffers serious injury?
In Missouri, government agencies often enjoy protection from lawsuits and personal injury claims. However, you may have the right to file a claim against a school district under two circumstances: because of the operation of motor vehicles, including St. Louis school buses, and because of property in dangerous condition at the time of the accident, including damaged playground equipment or equipment used in the classroom.
If you have questions about your right to file a child injury claim against a St. Louis school district, contact The Bruning Law Firm as soon as possible to learn more.
2. What happens to the funds from my child’s injury claim in Missouri?
The money from a child injury claim belongs to the child. In many cases, you may have to create a trust for that money. While you can, in many cases, use it to help with your child’s care, including increased medical costs relating to the accident, you may not have the right to use those funds for other purposes. Your child can typically access the funds from the trust after turning eighteen.
3. How long do I have to file a child injury claim in Missouri?
To file a personal injury claim of any type, you must begin proceedings before the statute of limitations runs out. In Missouri, that usually means that you have five years after the date of the accident to file a claim. However, Missouri tolls, or puts the statute of limitations for minors on hold.
If a minor suffers a serious injury due to someone else’s negligence, the statute of limitations does not start counting down until the child turns eighteen, which gives the child time to file an injury claim on their own if their parents did not do it for them. Filing a claim for a childhood injury after the child reaches adulthood can also make it easier for the child to give a full account of all the impacts of that injury and what they have suffered as a result.
However, if a government entity, including your child’s school, bears liability for the incident, you may have a more limited amount of time to move forward with a child injury claim. Contact a child injury lawyer for more information.
4. What should I do to protect my child after any type of injury?
If your child has suffered serious injuries, you need to act carefully to help protect your child and get them the highest possible standard of care.
- Collect evidence at the scene of the accident, if you can. Take photos of the accident scene, what you feel led to the injuries, and your child’s injuries themselves. However, do not place yourself or your child in any further danger to collect that evidence.
- Report the incident to the relevant party. If your child suffers injuries in a car accident, for example, you may need to call the police. If your child suffers an injury at school, you may need to notify the school as soon as possible.
- Seek medical care for your child. Even if you think your child likely suffered only minor injuries, take your child to the emergency room or an urgent care center for a complete evaluation.
- Contact a child injury lawyer to learn more about your child’s rights and what steps you should take next to secure your child’s right to compensation.
5. Will my child have to go to court to testify about the accident?
Most of the time, children will not have to go to court to testify about the accident that caused their injuries. First, most accident claims settle out of court. The liable party will usually want to come to a settlement agreement if at all possible, rather than incurring that additional legal expense. Second, the law offers protections to help avoid traumatizing child injury victims further. In many cases, your child will not need to appear in court even if you require a court resolution to your claim.
6. How long does it take to get compensation through a child injury claim in St. Louis?
You may need the funds from your child’s claim to help cover your child’s medical bills or arrange for further treatment. However, keep in mind that it may take time before you can get those funds in hand.
You will need time to:
- Investigate the accident. Your lawyer can give you a better idea of how much information they might need to look at and how long it could take to determine liability in this specific case.
- Let your child heal. Your attorney may advise waiting until you have a better idea of what your child’s long-term prognosis will look like before moving forward with the claim, since it could impact the compensation your family can recover.
- Negotiate. Many insurance companies will drag out the negotiation process to reduce the amount they have to pay out as much as possible.
7. What should I do if I get a settlement offer for my child’s injuries?
A settlement offer straight from the insurance company, especially in the early days after your child’s accident, may not reflect the compensation your child actually deserves. Talk to a lawyer to learn more about the specific compensation your child should expect after a serious accident and what steps you should take next after getting a settlement offer.
Contact a St. Louis Child Injury Lawyer Today
If your child suffered severe injuries in an accident due to someone else’s negligence, you should not wait. Contact The Bruning Law Firm today at (314) 735-8100 for a free consultation that will help you learn more about the compensation your family deserves.
"AJ and team were so delightful to work with. They were very responsive to all emails and phone calls. I always knew which step we were on in the process of getting my lawsuit settled. I was pleasantly surprised to see that the amount the settlement was for was twice that of the original coverage of the insurance company. I don’t know how they did it but I am very pleased with the service they provided. Hands down easiest process, and people to deal with. 100% recommend if you have a personal injury case to be worked. Hopefully I won’t need their services again, but if I do I won’t hesitate to call." - Amanda W.
Rating: 5/5 ⭐⭐⭐⭐⭐
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