Children’s Injuries

What can I do if my baby has brain damage from a birth injury?

Birth injuries can be a serious matter. In many instances, birth injuries can be attributed to medical malpractice. Even if the injury is small, such as a bruise or laceration on the child, or a severe injury (such as cerebral palsy or an HIE brain injury) that leaves your child permanently disabled, you should contact an attorney to see what your options so that you are able to take care of your child.

Can you sue if your child gets hurt at school?
If a child is injured either at or outside of their school whilst under the care and control of school staff, they do not have the automatic right to sue. The claimant must prove that the injury occurred due to the school’s negligence.

What is the statute of limitations on birth injury lawsuits?
The law places limitations on the amount of time a person has to file a claim to the court. These time frames vary depending on the laws of the state, so it is best to consult an experienced medical malpractice lawyer for a clear explanation of your specific case.

Frequently Asked Questions About Children’s Injuries

Loss of Consortium In Kentucky, a minor child can sue over the death of a parent.  This is commonly referred to as a loss consortium.  In a case like this the children have lost all sorts of help from the parent.  Things like comfort, shelter, love, and safety are losses in the eyes of the …
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A parent can file a lawsuit on behalf of a child. A minor or child cannot file a lawsuit on behalf of themselves. Normally this means that the lawsuit reads: Parent on behalf of minor child A.B (initials) sues the Defendant. Probate judges review settlements to make sure the best interest of the child is …
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You can sue a minor for personal injury. In order to recover the minor must be insured or have assets worth pursuing. There is the potential you could sue the minors parents for damages as well. A Kentucky personal injury lawyer can tell you who to sue for damages.

Most lawyers that sue for children’s injuries do so on a contingency basis. This means that the lawyer does not get paid until the case resolves. No up front money is needed. The percentage the lawyer usually takes is 33.3 to 40 percent of the total recovery. There is no set limit to the percentage …
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If you were injured as a child it is probably impossible for you to sue as an adult. If you recently turned 18 the statute of limitations has not run and you should speak to a personal injury lawyer as soon as possible. If you just found out about the injury than you should do …
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The best way to sue a school for your child’s injuries is to sue the individual at the school that is responsible for the damages. Some judges hold that schools are protected by sovereign immunity, which basically means you can’t sue the school. If you sue an individual at the school there are legal exceptions …
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More FAQ About Children’s Injuries