Sayer Regan Thayer and Flanagan, LLP - 401.849.3040
Toll free: 800.637.8170

Little Kids, Big Accidents. Chapter 3: Don’t Wait! Consult a Lawyer Immediately

Little Kids, Big Accidents:

The Ultimate Guide to Child Accidents in Ohio

Chapter 3

Don't Wait!

Consult a Lawyer Immediately



TOP 5 REASONS FOR HIRING A LAWYER NOW


1. Missing deadlines can destroy your child's case

In any accident case, parents need to understand that there are important deadlines that cannot be missed. The most crucial deadline is that for filing a lawsuit, which is called the statute of limitations. If this deadline is missed, the child will be forever barred from making a claim.

The court system understands that kids, especially young ones, will have little to no control over whether they can advance a claim. In order to protect an injured child's rights, the statute of limitations doesn't begin to run until the child is 18. In a typical accident case, the statute of limitations is two years. So, in a typical claim involving an injury to a child, the case would have to be filed by the time the child turns 20 years old.

In a dog-bite case, the statute of limitations is six years, so the suit would need to be filed by the child's 24th birthday.

The statute of limitations for claims involving medical malpractice or intentionally harming someone is one year from the point the child turns 18.

A claim a parent may have for loss of the child's society lasts as long as the child's claims. The reason for this is to promote a more efficient judicial system and to keep the claims together.


2. Important evidence may be lost or destroyed

After an accident, parents want to ensure that their child gets the proper medical treatment and makes the best recovery possible. Oftentimes, a fair amount of time passes before they consult an attorney, and sometimes that delay can greatly damage any claim the child might have.

An attorney understands that the only way to prove a case is through the presentation of evidence. Preserving evidence before it gets lost or destroyed can make or break a case. While certain documents or items may not seem important to you, an attorney may realize that they must be gathered and saved, and sometimes may require immediate legal action.

In some cases, it's important to have the vehicle the injured child was riding in inspected before it's repaired or destroyed. In other cases, witness statements must be gathered while memories are still fresh.

In dog bite cases, experienced attorneys know the critical importance in documenting the severity of the injuries. In our office, we have a sophisticated digital camera that we use to take photos of the wounds caused by a dog attack. In some circumstances, we hire professional photographers to take the images.

Cases involving injuries caused by failure of a business or apartment complex owner to install safety glass make for another example where preserving evidence can be very important. Photographing the scene as soon as possible, hiring an expert to determine the standards the property owner should have met, and retaining a private investigator to interview witnesses about prior injuries caused by broken glass are examples of the necessary evidence gathering.

There are countless different scenarios in which acting quickly to preserve evidence could be crucial. Don't delay in consulting an attorney regarding your child's case, even if you have many years left to file the case.


3. Signing medical authorization forms can hurt claim

Signing documents before consulting a lawyer could sink your child's claim. When representatives of insurance companies ask you to sign certain documents shortly after your child has been injured, alarm bells should be going off in your head.

Insurance companies often will parents to sign authorization forms that allow them to access all of the child's medical records. It happens all of the time, and parents often think they have no choice but to do what's being asked of them. Signing an authorization form allows the insurance company to comb through your child's medical records, even those that are completely unrelated to the case. This not only violates your child's privacy, but could yield information that, taken out of context, could hurt your child's claim.


4. Don't settle claims before consulting an attorney

Rushing into a settlement with an insurance company could cause serious financial harm to your family. Insurance companies often try to contact the parents of an injured child within a few days of the accident in order to settle the claim quickly.

The money may look good initially until it's discovered that the child was more seriously injured than initially thought, or that the entire settlement will be gobbled up having to pay medical bills.

The way it works is that the insurance company sends a check and a document for the parents to sign that effectively ends the case. So, even if it later becomes apparent that the child's injuries are far more serious than originally thought, no further recovery is possible.

In one case we handled - and this example is just one of many we could point to - the child had a broken arm and a scar on his face. The insurance company offered an amount to settle the case that was tens of thousands too low, which the adjuster surely knew. Fortunately, the parents realized they might need some guidance and they consulted our office before signing any paperwork.

Do not be in a hurry to settle the case. Just politely inform the insurance adjuster that you're going to consult with an attorney to make sure your child's rights are protected.


5. Lawyers know how to protect your child's rights

Lawyers help level the playing field between parents and adjusters. As we wrote earlier, insurance adjusters handle claims for a living. Naturally they have a tremendous advantage over most parents in negotiating a settlement. This is true even if the parents are very sophisticated and have successful careers.

Injury cases, particularly those involving children, are far more complicated than they often appear. The number of legal issues that arise even in seemingly straightforward cases can be tricky even for lawyers who specialize in representing injured people.

For example, we've handled tragic cases involving children who were injured or killed when struck by a car in a driveway. Because our office is experienced in handling such cases, we know the importance of doing things like hiring a private investigator to interview witnesses, gathering the child's school records, and making sure the family members of the child were receiving the proper psychological treatment to cope with their loss.

Apart from legal issues, an attorney experienced with child injury cases may be able to help guide you to the best medical care in the area. We've had a number of situations in our office where an accident has left a child with a broken arm or leg. That's a problem for anyone, but growing children can experience issues with growth plates that can cause situations such as one leg being shorter than the other. Because we deal with physicians on a daily basis, we're able to connect our clients with the top medical providers in the region.

So, if your child has been injured, contact a lawyer as soon as possible to protect your son or daughter's rights. Consulting a lawyer early in the case could make the difference between whether your child is taken advantage of or receives fair compensation.

If you or someone you know has a child who has been injured in an Ohio child accident, you need information. Contact our Ohio child accident injury lawyers immediately for your free copy of Little Kids, Big Accidents by calling 800.637.8170.


We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties. Bookmark and Share
Bookmark and Share

©2010 Charles Boyk Law Offices, LLC, All Rights Reserved, Reproduced with Permission
Attorney website design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog

Served By: A