Did your kid recently suffer an injury due to a slip and fall? If so, you may have a personal injury case on your hands. This can help you recover some of the monetary damage of having a child be sent to the hospital with an injury so that you do not have to pay anything out of your own pocket. However, dealing with a slip and fall injury to a child can be a complicated situation due to the following reasons.
Blame Will Be Placed On The Parent
A common defense by the responsible party for causing the slip and fall will be that you were the one that should be blamed for the situation. As a parent, they may wrongfully assume that you are responsible for all your kids actions, and try to blame you for not controlling them in the situation that caused the accident. Don't buy into the defense of the responsible party if you find yourself being accused of causing the accident.
If the responsible party did not act accordingly to prevent a slip and fall, then the blame will fall on them. It doesn't matter how old your child is or how closely you were watching them at the time. The truth is that there was a way for the flip and fall to be prevented if the responsible party acted accordingly.
Proving fault will still be difficult, since a child's behavior may not be the same as an adult. You'll need to prove that your child was behaving responsibly at the time.
Recovery Can Be Difficult To Measure
Part of a personal injury lawsuit is trying to calculate your future medical costs based on your recovery, as well as pain and suffering. Unfortunately, this is a bit harder to determine with a child when determining how bad the injury is. Your doctor will likely give you a timetable of how long it will take to recover, but a young child is not going to be able to accurately tell you much better they are recovering from their injuries. If you ask them about their recovery, their answers can vary from one day to the next.
It helps to work with a lawyer in these cases to estimate how much you should be requesting in damages. This is the best way to ensure that you do not reach a settlement, but are still stuck with medical bills that you did not anticipate.