Charles E. Boyk Law Offices, LLC
When your child is hurt because of another’s negligence, you may be angry and confused. However, there are ways you can hold the responsible party accountable for their actions.
You could file a claim against the responsible party to hold them liable and to recover compensation for your child’s injuries. But seeking recovery without the help of an Ohio child injury lawyer could be difficult. An experienced personal injury lawyer could guide you through the claims process.
Parents may have a claim against a party who caused their child’s injury when that party commits a wrongful act as a result of being careless or negligent. The defendant must have owed the child a duty of care, which was breached, causing harm to the child.
A common instance where a child is hurt due to another’s negligence is during sports activities. If the child was injured while playing in a game or sports competition, their parents may be able to recover compensation depending on the circumstances. If it was in the normal course of a game, the parents may not have a claim. However, if the child was injured because a coach or other party acted recklessly, creating risks outside the normal risks of the activity, the family may have a claim. An Ohio child injury attorney might be able to help prospective plaintiffs determine whether to pursue a claim.
Those seeking relief for their child’s injuries could file a claim for compensation. A child injury lawyer in Ohio could help plaintiffs seek court damages as compensation. Plaintiffs may seek economic and non-economic damages. In very rare circumstances, where the responsible party’s behavior was especially egregious, punitive damages may also be available.
Economic damages are based on monetary losses a plaintiff incurred, such as medical expenses to treat their child’s injuries. These could be proven in court through the use of receipts and other documentation.
Non-economic damages are compensation for intangible losses the injured party suffered, such as pain and suffering and emotional distress. These damages are harder to put a price tag on but are based on the severity of the injuries and the judgments in similar cases. An experienced child injury lawyer could help the family decide how to pursue these damages.
Finally, punitive damages may be sought pursuant to Ohio Revised Code §2315.21 in rare cases. Generally, these damages are only available if the defendant’s conduct was aggravated or carried out with malice. A well-versed attorney could thoroughly examine the circumstances surrounding an injury to determine what compensation may be available.
As a parent or guardian, watching your child suffer due to another’s negligence or recklessness is one of the most difficult things anyone could do. However, you have options. You could bring a claim for compensation against the responsible party. This could help you hold the responsible party accountable and get fair and full compensation for your child’s injuries. An Ohio child injury lawyer could stand beside you and zealously advocate for your child’s right to recovery. Start your journey to legal recovery, contact us today.