Our lawyers have represented hundreds of injured children across North Carolina including cases arising from:
- Car accidents
- Toxic exposures including lead poisoning
- Motorcycle accidents
- Bicycle accidents
- Medical malpractice including birth injury cases
- Abuse claims
- Dog bites
- Drowning and pool accidents
- Other claims including unexpected injuries.
Determining liability for your child’s North Carolina personal injury is often a complicated matter. Seeking the help of a qualified child personal injury lawyer is the best course of action once your child is out of danger. An experienced attorney has the necessary knowledge and skill to investigate the incident in question, interview witnesses and build a strong case for compensation.
Liability and accountability for a child’s injury claim will depend on the facts of any case. In a premises liability case, the owner or tenant of the property may be liable. In a car accident case, the driver of the vehicle carrying the child or the driver of another vehicle may be liable. In a medical malpractice case for a birth injury, the doctors or nurses responsible for the health of your child may be liable. In order to determine the complex question of liability, most experienced lawyers will regularly hire expert witnesses to assist with a serious child injury case.What Type of Compensation Is My Child to Recover for a North Carolina Injury?
A child injured by the actions or inactions of an adult is entitled to the same types of compensation as a grownup including:
- Compensation for pain and suffering
- Compensation for mental trauma
- Payment for loss of future wages due to injuries and disability
- Payment of funeral expenses in the case of a wrongful death
- Payment for medical expenses incurred for the care and treatment of an injured child is a claim that, under North Carolina law, belongs to the parents of the child.
Determining the recoverable damages for an injured child can be complicated particularly when determining a future lost wage. In cases involving a brain injury or loss of the use of a body part, using occupational experts and economists may be necessary to properly present damages for future loss of income due to a childhood injury.Unique Aspects of Child Injury Claims
The law recognizes that injured children are different than adults. For example, a child under 18 cannot file a lawsuit on their own behalf. Only a parent or legal guardian may do so in the child’s behalf through someone called a Guardian Ad Litem.
The law also differs in the degree of responsibility it assigns to children. A judge in a court action considers whether the child acted in an age-appropriate manner in the injury incident, or if an inappropriate degree of on the child’s part contributed to the injury. This consideration, known as contributory negligence, can have a significant impact on whether a child injury claim will be successful in court.North Carolina Child Injury Lawyers at Hendren Redwine & Malone
Contact the North Carolina child personal injury lawyers at Hendren Redwine & Malone if you have a question about a North Carolina child injury claim. There is no charge for the phone call and we are paid legal fees only if we recover for your child.