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No parent wants to imagine that another adult might be reckless or careless and end up seriously injuring a child through their misconduct. But that exact scenario unfortunately plays out almost every day across Indiana. If you are not prepared to take effective legal action on your kid’s behalf, your family may wind up bearing the financial, physical, and personal costs of that incident.
Adults who injured children through negligent behavior can be held civilly liable for their actions just like they could be if they injured another adult. A seasoned personal injury attorney’s support can be vital to achieving a favorable case result in this situation. With a compassionate Chesterton child injury lawyer on your side, you will be able to build a strong civil case more efficiently and pursue every dollar of the restitution your family deserves.
In Indiana, someone is legally “negligent” if they breach a “duty of care” they owe another person by engaging in reckless, careless, and/or unlawful behavior. They must also directly cause that other person to sustain an injury that likely would not have otherwise happened. The exact “duty of care” that different people owe each other can change dramatically from case to case, but any violation of this duty is equally valid as grounds for a civil lawsuit. For example, someone who causes an auto accident by losing focus at the wrong moment is just as “negligent” as someone who causes a wreck by speeding through a red light while under the influence.
As a Chesterton child injury attorney could further explain, there are some situations where adults owe a greater duty of care to children than they would owe to an adult. If a property owner has an “attractive nuisance” on their land like construction equipment or a swimming pool, they generally must restrict access to that “nuisance” so that curious children cannot trespass onto their land and get hurt. The law presumes that they do not fully understand the danger. Conversely, that landowner likely would not be considered negligent if a trespassing adult were injured by that same hazard.
Unfortunately, children involved in traumatic accidents are often more susceptible to suffering long-term injuries compared to adults in the same situation. This means it is especially important while filing suit on an injured child’s behalf to account for both past and future forms of harm their injuries may result in, including:
A child injury lawyer in Chesterton could go into further detail about potentially compensable losses during a confidential consultation.
No child deserves to be injured through an adult’s irresponsible actions. When this unthinkable situation does occur, the injured child’s parent(s) or guardian(s) can take legal action on their behalf. However, pursuing a claim this sensitive and complex without guidance from seasoned legal counsel can often lead to a disappointing outcome.
Representation from a Chesterton child injury lawyer could make all the difference in how much compensation you can recover for the harm you endured. Call McCready Law today to schedule a free consultation with a member of our legal team.