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

Medical malpractice for kids is different than medical malpractice for adults because kids have a longer life ahead of them. This means that if the damage is permanent it will last longer and the case will have more value from a legal perspective. The act of committing medical malpractice does not differ from adult to …
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It is not always necessary to file a lawsuit for a child injury claim. Most cases resolve without a lawsuit being filed. When a defendant or insurance company pays before suit this is called a settlement. Some cases do end up in litigation, but the client makes the decision on whether or not a lawsuit …
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The only real difference between a medical malpractice case for children versus adults is who can file the lawsuit. In Kentucky, a parent or guardian will file a medical malpractice lawsuit on behalf of the minor child. Doctors are under a duty to refrain from committing medical malpractice on kids the same they are on …
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Your child could be traumatized if you have to bring a lawsuit on his or her behalf. Consult with a medical professional for an evaluation. You will have to weigh the positives and negatives with a personal injury lawyer. I try to put myself in the shoes of my clients before filing a lawsuit on …
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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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The statute of limitations on a child in Kentucky does not run until the child turns 18 years old. For a car crash this means it can extend to age 20. In other injury cases the statute of limitation in Kentucky usually expires on the nineteenth birthday. A personal injury lawyer can help you determine …
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