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What if My Child is Injured?
As a parent of a minor child injured by the negligence of others, you will have the responsibility to present the claim, as parent and guardian, of your minor child. The damages that are pursued in a claim or lawsuit involving a minor child are determined on a case by case basis. However, just as with a case involving an injured adult, medical expenses incurred in the past, medical expenses for anticipated future treatment, and past and future pain and suffering are likely areas of damages in a case involving a minor child. If there have been lost wages, or loss of potential earning capacity, those damages may also be pursued.
Additionally, the law provides for damages suffered by the
parent of an injured child. This is generally referred as "loss
of filial consortium." Damages recoverable in under this theory
of law include the following:
1. The reasonable value or expense of hospitalization, medical,
nursing care and treatment obtained by the parent(s) for the
child;
2. Any loss by the parent(s) by reason of the child's injury, of the services, earnings or earning ability of the child in the past and in the future until the child reaches the age of majority; 3. Any economic loss sustained by the parent(s), including any lost wages in the past and ability to earn money in the future, reasonably the result of having to care and provide for the child because of the child's injury, until the child reaches the age of majority.
In addition to the above, if there is proof that the child
suffered what is considered a significant injury resulting in
permanent total disability, the damages may include the loss by
the parent(s) of the child's companionship, society, love,
affection, and solace, in the past and in the future until the
child reaches the age of majority.
The information above outlines some of the legal aspects of a
case involving a minor child. However, at Kinney, Fernandez &
Boire, we understand that a parent of an injured child looks at
such a situation in a very personal and emotional way. In this
respect, our approach to our clients becomes all that much more
important. As outlined in our "About the Law Firm" page, we
believe customer service is an important aspect to our
practice. This is never more true then when we are representing
an injured child and his or her parent(s). We will listen,
understand, and assist you in every way possible to help you and
your family through a difficult time. We will answer your
questions and respond to any concerns that you may have. We
will encourage you to feel comfortable in asking us anything and
we will never make you feel that our lawyers or staff do not
have the time to address your needs. At Kinney, Fernandez &
Boire, we understand family. In fact, our firm includes
several members who are related, including an aunt and her niece
and two first cousins.
When confronted with a situation of having an injured child, it
is important to know that legal representation can allow you to
concentrate on the most important thing, helping your child
recover fully and move to a successful and rewarding life. Let
us worry about the legal aspects that accompany every injury
case arising from the negligence of others. It is also
important to have representation that is qualified,
professional, attentive, and compassionate. The lawyers and
staff of Kinney, Fernandez & Boire have all of these qualities
and the desire to help.
"Put Our Team To Work For You"
We Welcome You To Meet Our Personal Injury Attorneys & Criminal Defense Lawyers:
We Have Seven Conveniently Located Law Offices, and We Are Available 24hrs A Day To Serve Your Needs. We Offer Free Consultations, No Recovery No Fee.
"Let Us Put Our Team To Work For You" |
At Kinney, Fernandez, & Boire
We're Here To Serve Your Needs 24 Hours-A-Day 7 Days-A-Week.
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