Because children are more vulnerable to serious injuries, it is important for parents and caregivers to exercise caution at all times prevent any dangerous schoolyard accidents from occurring. If a child suffers an injury, the impact can be truly devastating. Unfortunately, some people act in reckless or negligent ways that can put a child’s wellbeing at risk. If a child is injured because of another person’s irresponsible behavior, however, the person may be held liable for the consequences of their actions.
If your child has been injured by someone else, you shouldn’t have to cope with this tragic situation on your own. Contact the Indianapolis child injury attorneys of Hankey Marks & Crider today at (317) 634-8565 to discuss the details of your case with a qualified member of our legal team and learn more about your rights and options under the law.
Why You Need a Lawyer
Because children are too young to represent themselves and their futures may hang in the balance, child injuries are considered special cases in the state of Indiana and require particular attention by trained child injury lawyers. The following special circumstances arise in child injury cases that need to be handled professionally:
- Minor status – A child is considered to be a minor if he or she is under the age of 18, and is not allowed under Indiana law to file a lawsuit on their own. Usually, the parent or legal guardian will file on their behalf, or a court-appointed guardian ad litem may be used if it is in the child’s best interest.
- Future damages – If an injury leaves the child with a permanent disability, then it will be necessary to consult with experts to determine how the child’s future will be negatively impacted.
- Court approval – A judge must approve child settlement offers above $10,000 and must be placed into a restricted bank account. It could be held in the form of a CD, structured settlement, savings account, or other financial product to ensure that the funds remain available until well after the child turns 18 years of age.
The Indiana legal system can be complex. The emotional trauma of taking care of an injured child can make it more difficult to pursue a legal case. These cases can be especially difficult if you are going up against giant insurance companies that seem to ignore the best interests of your child, doesn’t want to pay out, and may even be blaming the parents or the child for the accident that caused the injuries.
To avoid damaging your claim, it is best for the child’s legal advocate to first communicate directly with the insurance company or responsible party, rather than the parents. To ensure the maximum settlement, rely on expert professionals with a strategy.
Why Choose Us
Raising a child can be difficult enough and it is our worst nightmare that something bad should ever happen to our babies. The compassionate attorneys At Hankey Marks & Crider understand the trauma caused by child injuries and will sit down with you, listen carefully to your story and do everything possible to hold the responsible parties accountable for their negligence or bad acts that hurt your child.
Our sympathetic attorneys will discuss your case openly and honestly, answering all of your questions and helping you through the legal process of seeking compensation every step of the way.
Child injury cases can be complex and the circumstances surrounding each case is unique. Because of their active and curious nature, children often get blamed for getting hurt, but if someone else is at fault, the team At Hankey Marks & Crider will analyze every detail of your case, gather the evidence and determine who is responsible and build the case to prove it. We have the resources to conduct a thorough and independent investigation. Our team of legal professionals will consult with experts for a full assessment of your child’s injuries.
We will communicate directly with the insurance company or at-fault party on your behalf. Our experienced attorneys are skilled negotiators who know the tricks used by insurance representatives. If they do not offer a fair settlement, we will aggressively pursue compensation in court.
At Hankey Marks & Crider, your child’s best interest is our priority. Let us handle your legal burden while you focus on your child’s recovery.
Common Causes of Child Injury
Children may be injured due to a wide range of different causes. However, according to the Centers for Disease Control, the following are some of the most common causes of injury to children:
- Being struck by an object
- Motor vehicle accidents
- Dog bites/Animal attacks
- Suffocation or choking
- Sports-related injuries
- Swimming pool injuries
- School or playground accidents
- Property hazards
- Defective products
- Medical malpractice
If your child has suffered injuries from these or any other causes, if another person was at fault, you may be entitled to compensation for the pain and suffering you and your child have had to endure.
Frequently Asked Questions
If your child has been hurt in an accident, it is natural to have questions about your rights and legal options. Our team of Indianapolis trial attorneys are ready to help answer any questions you might have when you call us at (317) 634-8565. We’ve also provided these frequently asked questions and their answers below, to hopefully help you.
Is there a deadline for filing a personal injury claim for a child?
The statute of limitations for personal injury claims under Indiana law is two years. Ind. However, a minor’s statute of limitations is generally held until they reach the age of majority. Therefore, children generally have until their 20th birthday to file personal injury claims.
What kind of compensation can children receive for their injuries?
Indiana law provides for children to be compensated in the same manner and for the same amount as adults. They similarly can win damages for pain and suffering, permanent injury or disability. Additionally, a parent or guardian has a separate right to be compensated for medical expenses they have paid on behalf of their child.
How do I help my child after they have been injured?
Of course, you first need to seek medical help, but because children are particularly emotionally vulnerable, you will have to be their calm source of support. They will need special attention from their loved ones and extra hugs. Let them talk about their feelings and get them back to their normal routines as soon as they are ready. Holding the people who injured them accountable will also help them to move past the trauma.
Child Injury Statistics
Of course, some child injuries sadly intentional, however, many are unintentional, but the responsible parties could still be held liable for the injuries if they were caused by negligence or wrongdoing.
The Centers for Disease Control and Prevention reports that unintentional injuries are the leading cause of morbidity and mortality among children in the United States. The Centers has compiled the following alarming statistics about childhood injuries:
- An estimated 9.2 million children annually visit the emergency room for an unintentional injury.
- Over 12,000 children die each year from an unintentional injury.
- Boys generally have a higher rate of both fatal and nonfatal injuries than girls, except for those under one year of age, when the rates are approximately the same.
- Falls are the leading cause of nonfatal injury, sending 2.8 million children to the emergency room every year. They account for half of the injuries to children under one year.
- Suffocation is the leading cause of fatal and nonfatal injury for children under one year.
- Injury death rates are highest for Native Americans and lowest for Asians and Pacific Islanders.
The child injury attorneys of Hankey Marks & Crider are dedicated to seeking justice for injured children who have been harmed by someone else’s negligence or wrongdoing.
If your child has been the victim of an injury caused by another person, an experienced legal professional may be able to help you pursue the justice you deserve. Contact the Indianapolis child injury lawyers of Hankey Marks & Crider today at (317) 634-8565 to speak with a knowledgeable legal representative about your case.