Nampa Child Injury Lawyer: The How, What, And Why
Updated August 2020
A child’s safety is a primary concern for any parent, and any injury can be challenging for a parent.
If a child suffers a significant injury, it may impact their quality of life for years to come.
The emotional toll of an injured child can be amplified when that injury occurs due to the negligent or reckless act of another person.
A skilled personal injury attorney may be able to help secure your child’s future by filing a lawsuit against the responsible party.
Speak to a Nampa child injury lawyer at Skaug Law right away to get started on your lawsuit.
Common Causes Of Child Injuries
Small children have limited motor skills, and their brains have not yet fully formed.
Given these natural limitations, they are more likely than adults to suffer an injury.
But sometimes, a child’s injury is caused by another person.
Whether through a negligent act, like driving too fast, or a wanton act, like a physical assault, these injuries would not occur except for the actions of another person.
Some common causes of child injuries include:
- Dog attacks
- Attractive nuisances
- Scaffolding or other tall hazards
- Playground accidents
- Car crashes
- Sports injuries
- Dangerous toys
The parents of a child who is injured by another person has legal options.
With the help of an experienced Nampa child injury lawyer at Skaug Law, you may be eligible to recover compensation for any damages.
What Does A Child Injury Lawyer Do?
If your child has been injured through the negligence or malice of another party, you might be considering hiring a personal injury lawyer to assist in the case. What does a child injury lawyer do, and how would they be helpful when filing a claim with insurance companies or a civil court?
Our lawyers at Skaug Law will help you through three primary stages before going to court is considered:
- Gathering documentation (medical records, bills, insurance policies, etc.)
- Investigating the incident (interviewing witnesses, reviewing footage, getting police reports, etc.)
- Negotiation with the insurance companies and/or other parties
Lastly, filing a personal injury case in civil court if settlement negotiations fail.
The Burden Of Proof
When it comes to personal injury cases, the biggest thing you need to be concerned about is the burden of proof. Not only do you need to be able to prove the fault of a negligent party for your child’s injury, but you also need to be able to prove why you believe you are owed a certain amount of compensation.
In Idaho, there is a comparative fault system in place. This law says that compensation is awarded based on the amount of fault that is assigned to each party.
For example, if your child gets injured in a car accident but the other driver is only found to be 70% responsible for the accident, the case would only award 70% of the determined damages.
In cases involving children, comparative fault is more complicated to determine since children themselves cannot be held responsible for some things. Having a lawyer on your side in Nampa, ID will make the determination of fault and burden of proof much easier to navigate.
We Know What Information To Gather
During the first two stages, gathering documentation and investigating the incident, we know what information needs to be gathered to prove fault and injury in the case. Child injuries can take the form of a wide range of personal injuries; our lawyers have a wide breadth of experience.
Gathering evidence and properly documenting all of it is key not only for trying to settle the case without needing to go to court but also for the court if you should end up filing a lawsuit.
Our experience is your benefit; call us for a free consultation on your child injury case at any time.
Deadline To File A Nampa Child Injury Lawsuit
A statute of limitations applies to every potential lawsuit in the State of Idaho.
This statute sets the deadline to file a lawsuit. If the statute of limitations expires before the plaintiff files suit, their claim is barred forever.
While the statute of limitations is a burden on Nampa injury victims, the purpose behind the statute aims at avoiding delays. By setting a time limit to file suit, the State of Idaho encourages a plaintiff to file their claim promptly before evidence disappears and witnesses become unavailable.
In most injury cases, the statute of limitations is two years. However, there is an important exception to the statute in cases involving minors.
Exceptions For Minors
The laws of the State of Idaho are far more lenient with underage minors than with adults.
In fact, the laws of the state give a minor plaintiff significantly more time to file an injury lawsuit.
The statute of limitations for minors in Idaho extends until a minor turns 18 or six years pass since the injury occurred – whichever happens first.
A seasoned Nampa child injury attorney at Skaug Law can ensure your claim is filed correctly and on time.
Child Injury Lawyer FAQs
What Type Of Lawyer Is Needed For A Child Injury Suit?
In most cases, an experienced personal injury lawyer is the best option when dealing with a child injury suit. Personal injury lawyers with experience in the specific type of case your child was injured in (such as a slip-and-fall accident) can offer the best knowledge and support.
What Is An Injury Lawyer?
An injury lawyer is an attorney who uses their legal services to benefit those who believe they have been injured (physically or psychologically) because of the negligence of another party, company, or entity. More commonly referred to as personal injury lawyers, we work to ensure that due compensation is awarded to those who have their lives changed through no fault of their own.
Is A Personal Injury Lawyer Worth It?
When you are dealing with a serious, life-changing child injury, your child’s future may depend on getting the right type of due compensation.
Having legal representation on your side when you are dealing with negotiations with insurance companies over settlements, liabilities, and more will only be helpful. Additionally, a team of lawyers is sure to help you find more documentation to prove your side of the claim than you could handle on your own.
Consulting a personal injury lawyer at our firm through a free consultation is a great way to find out what benefits our services might have in your specific case. Contact us today to see what we can do for you and your child.
What Kind Of Cases Do Personal Injury Lawyers Handle?
Our team at Skaug Law is experienced with many types of personal injury cases:
- Dog bites
- Bicycle accidents
- Car and bus accidents
- Burn injuries
- Medical malpractice
- Pedestrian accidents
- Wrongful death suits
If you are dealing with any case where you believe your child has been injured through the negligence of another party, contact us to find out how to proceed with a personal injury claim.
How Much Can You Sue For Pain And Suffering?
Calculating pain and suffering settlements is complicated because it is dependent on the specific person, incident, and long-term impact of the injury. There is not a specific cap limit amount for what can be obtained in a court case or settlement.
Pain and suffering is usually calculated by either multiplying the expected medical costs by a number that is based on the severity of the incident or by multiplying the daily rate by the number of days the victim is expected to suffer.
In the case of a child injury, the former method is used more frequently.
What Is The Average Settlement For Personal Injury?
As with pain and suffering payouts, there is not a specific amount that should be expected when dealing with personal injury settlements as the numbers can vary widely and many settlements are not considered to be public information.
When you work with a lawyer to seek compensation, they can help you determine an appropriate amount to aim for.
How Are Minors Paid Out In Personal Injury Settlements?
When a minor is a primary victim in a personal injury case, the settlement is typically paid out to what is known as a closed bank account. This account cannot be accessed by the parents or by any other parties except by court permission to pay for things that directly affect the child’s quality of life that is related to their injury.
For example, the funds would be able to be used to pay for medical bills, but they could not be used to buy a new swimming pool for the parents to use.
Contact A Nampa Child Injury Attorney To Discuss Your Options
When an injury victim is a child, the impact of the wounds can be devastating to the entire family.
In the worst cases, a child may have their quality of life affected forever.
While money can never make a permanent injury to a child right, monetary compensation can help a child to get their life back on track.
Child injury cases are challenging, and victims can benefit from an attorney with relevant experience. We have lawyers ready to join your fight at our Nampa, Idaho law office.
To talk about your legal options, contact a Skaug Law Nampa child injury lawyer right away.