Hamilton County Child Injury Lawyer

From swing sets to pool to trampolines, there are many ways children can hurt themselves. Fortunately, most of their bumps and scrapes easily treated. When someone else’s wrongdoing or negligence results in harm to a child, the situation may be more serious.

If your child suffers an injury due to another person’s fault, you need to talk with someone you can trust. A Hamilton County child injury lawyer could explain the process for filing a claim for damages. Our experienced attorneys understand the worry you face when your child has been harmed and could work to recover fair compensation from the responsible party.

Child Injuries in Hamilton County

Injuries to a child range due to someone else’s action range from mild to severe. Some common injuries are:

  • Bruises
  • Broken or fractured bones
  • Burns
  • Spinal cord injuries
  • Head and neck injuries
  • Concussion and brain trauma
  • Choking
  • Asphyxiation

When a child is injured, it is essential to immediately seek medical treatment and document the child’s injuries. An experienced attorney could review a child’s medical records and calculate damages.

How a Child Might be Injured in Hamilton County

When assessing possible damages in a child injury case, it is essential to determine what caused the injuries and who is at fault. The accidents a child injury lawyer in Hamilton County could assist with include, but are not limited to:

  • Negligent supervision of the child by a daycare provider, private tutor, or camp counselor
  • Motor vehicle accidents, including school bus accidents
  • Child abuse or neglect
  • Defective products, including car seats, strollers, and toys
  • Medical malpractice
  • Swimming pool accidents
  • Playground accidents

Proper investigation of an accident causing injury to a child may include inspecting the location where the injury occurred, hiring an accident reconstructionist, or obtaining maintenance records for the playground equipment.

Damages in a Child Injury Case

The nature and severity of a child’s injuries could impact the compensation awarded in a child injury claim. Tennessee law permits a parent to seek recovery for a child’s medical expenses and pain and suffering. If a parent missed work to care for their injured child, funds could be awarded for the lost income. In some cases, a child may receive compensation for future lost income if the injuries resulted in the child’s permanent disability.

Since a child is still growing and developing, their injuries may differ from injuries to an adult. A broken bone at a young age may require ongoing treatment as the child’s skeletal system matures. A Hamilton County child injury attorney could request compensation that addresses both the child’s present injuries and any future medical treatment.

When to File a Claim in Hamilton County

A parent may file a claim for their child’s injuries within one year of the accident under Tennessee Code Annotated §28-3-104. In some cases, a court may extend the time. For example, if a doctor prescribes medication for a child that results in harm to them months or even years later, the time for filing a claim might not start until the injury is diagnosed. A knowledgeable child injury attorney could file a claim on the child’s behalf within the statutory timeframe.

Preserving a Child’s Settlement

Tennessee law requires court approval of any settlement in a child injury case. Once approved, a judge may distribute the settlement funds to the minor child’s parents or order the payment placed in trust until the child reaches age 18. A parent may submit a petition, known as an encroachment, and request a distribution from the trust to pay for their child’s educational or medical expenses.

Hiring an Experienced Child Injury Lawyer

Every child should experience a long and happy life. Someone else’s negligence or wrongdoing should not affect that outcome.

A Hamilton County child injury lawyer could help a child receive the best possible treatment for their injuries and help their parents recover financially. Our firm’s compassionate lawyers have handled many child injury cases in Tennessee. Our lawyers could work tirelessly to protect your child’s rights and ensure the maximum compensation for their damages.