Pediatric Head Injuries
Pediatric head injuries result in tremendous expense to the family of the child. Consequently, successfully pursuing a claim for damages, including filing a lawsuit, is a vital course of action. Having a general understanding of what is involved in pursuing a claim and case for pediatric head injuries is crucial in order to ensure the best prospect for obtaining the necessary compensation for the child.
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Significance
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According to William P. Statsky in Torts Personal Injury Litigation, pediatric head injuries represent personal injury cases that result in the highest settlements or judgments. There are a number of reasons for this, including the fact that many children who suffer pediatric head injuries are permanently disabled for life.
With that noted, a significant number of children who suffer from pediatric head injuries are never able to receive appropriate compensation. Research reported in Pediatrics in Review (Official Journal of the American Academy of Pediatrics, July 1, 2003) reveals that a majority of pediatric head injuries are intentional and not accidental. Most of these injuries are caused by parents of these children.
Although theoretically possible to sue a parent, Statsky also notes that most of these parents lack insurance or any assets that make pursuing a claim on behalf of a child worthwhile. Nevertheless, in those other cases, resulting litigation can be protracted and costly for the person responsible for a head injury to a child.
Time Frame
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There are two options available in regard to pursuing a claim and filing a lawsuit against a person or entity that causes a pediatric head injury. A suit can be brought while the injured child is still a minor. In many cases this will make sense so that funds will be available more immediately to assist in the care of the child.
Litigation can also commence after the child reaches the age of 18. In pursuing such a course, what is known as the statute of limitations comes into play. The lawsuit would need to be filed within the time frame specified in the injured party's state under the statute of limitations. A statute of limitation is the deadline in which a lawsuit is to be filed, otherwise the right to pursue such a case generally is lost forever. In most states the statutes of limitation upon a child reaching the age of 18 is 2 or 3 years for a personal injury case.
The benefit to waiting rests in the fact that a far clearer picture is developed as to how head injuries will impact a person's life.
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Features
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There are several features associated with pursuing a lawsuit to obtain compensation for pediatric head injuries. The most important component of such a lawsuit is developing expert testimony and evidence to support the extent of the injury and the impact the damage will have on the child being able to live a so-called normal life. A direct focus will be upon the child being able to care for herself and on her ability to make a living.
Additional elements include a consideration of whether a likely improvement in the impaired condition will occur and what, if any, factors contributed to impaired brain functioning that were not the fault of the person or entity who caused the initial injury.
Effects
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The effects of pursuing and prevailing in a lawsuit arising out of a pediatric head injury include obtaining compensation for the impact the damage to the brain will have on the child being able to have an independent life. Pain and suffering--past, current and future--are also taken into consideration.
Lost wages are a major element of computing the total damages due to a person who suffered a pediatric brain injury. Many individuals who do suffer a brain injury are able to pursue only a limited course of employment into the future at best.
Past and future medical and other related expenses also add to the level of compensation that a person is entitled to receive in a case involving a pediatric brain injury.
Expert Insight
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Claims and cases involving pediatric brain injuries are very complex. A parent of a child or other concerned individual without legal experience is in no proper position to pursue such a claim or case on behalf of an injured child. Therefore, if you are facing a situation in which you are the parent of a child who has suffered a pediatric brain injury due to the negligence of another person or entity (including an injury arising from medical malpractice), seeking professional legal representation is important.
There are attorneys in practice today who specialize in providing representation to individuals who suffered pediatric brain injuries. These lawyers have the qualifications and experience to pursue these types of claims or cases to a successful conclusion on behalf of their clients.
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References
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