A child injury can be crushing, especially when you know it could’ve been prevented. If your child has been hurt due to someone else’s negligence, an Estero personal injury lawyer can help your family seek justice.
When a child suffers an injury, the emotional and financial toll can be enormous. But you don’t have to pursue justice alone.
The legal team at Viles & Beckman has Over 90 years of combined experience. If your child has been hurt in an accident that wasn’t their fault, a child injury lawyer in Estero can help you secure the compensation your family deserves.
How Can an Estero Child Injury Lawyer Help Me?
If your child has been injured, an Estero child injury lawyer can:
- Evaluate your case: An attorney can determine if negligence caused your child’s injury and whether you have grounds for a claim.
- Gather evidence: A lawyer can collect medical records, witness statements, expert testimony, and accident reports that support your case.
- Negotiate with the insurance company: Insurance companies often try to lowball claimants. A lawyer can fight for fair compensation on your behalf.
- File a lawsuit: If a settlement can’t be reached, your attorney can take your case to court and advocate for your family.
Expect More, Receive More: Legal Support That Feels Like Family
How Much Does a Child Injury Lawyer Cost in Estero?
The child injury attorneys at Viles & Beckman work on a contingency fee basis. This means you don’t pay any upfront legal fees. Instead, your lawyer will be paid an agreed-upon percentage of your settlement or court verdict. If your case isn’t successful, you won’t owe anything.
What Is the Average Child Injury Settlement?
Child injury settlement amounts can vary widely based on several factors, including:
- Severity of the injury
- Cost of medical treatment and future care
- Emotional trauma
- Whether the injury results in permanent disability
- The at-fault party’s degree of negligence
Some settle for a few thousand dollars, while those involving brain trauma or permanent disability can result in six or seven-figure settlements. An Estero child injury attorney can provide a more precise estimate based on your circumstances.
Types of Compensation You Can Recover
If your child is injured due to negligence, your family may be entitled to various forms of compensation, including:
- Medical expenses: You can recover costs for hospital stays, surgeries, medication, physical therapy, and future medical needs.
- Pain and suffering: You can pursue compensation for the physical and emotional distress your child has endured.
- Loss of enjoyment of life: If the injury affects your child’s ability to participate in normal activities, you can be compensated for it.
- Emotional distress: You can pursue damages for the psychological trauma suffered by both your child and your family.
- Future lost earning capacity: If the injury permanently affects your child’s ability to earn a living in adulthood, you can receive damages for it.
- Punitive damages: In cases of gross negligence or intentional harm, your family may receive additional damages meant to punish the wrongdoer.
A child injury attorney in Estero can help identify all of the damages you’re eligible for.
How Long Do I Have to File a Child Injury Lawsuit in Florida?
In Florida, the general statute of limitations for personal injury claims is two years. However, when the injured party is a child, the clock doesn’t always start ticking right away.
According to Chapter 95 Section 051 of Florida law, parents or legal guardians typically must file a child injury claim within seven years of the injury, or within two years of discovering the injury, depending on the circumstances.
An Estero personal injury attorney can ensure you meet the applicable deadline.
How Do I Prove Liability?
To win a child injury case, you must prove that someone else’s negligence caused the injury. This requires establishing four key elements:
- Duty of care: The defendant had a legal obligation to act reasonably.
- Breach of duty: They failed to act responsibly.
- Causation: That failure led directly to the child’s injury.
- Damages: The injury resulted in measurable losses.
Evidence used to prove liability may include security footage, eyewitness testimony, expert reports, and medical records. A personal injury lawyer in Estero can help gather evidence to establish fault.
Types of Child Injury Cases
Some of the most common types of child injuries that families file claims for include:
- Daycare or school negligence
- Playground and park injuries
- Swimming pool accidents
- Defective toys or products
- Car accidents involving children
- Bicycle and pedestrian accidents
- Dog bites and animal attacks
- Medical malpractice or birth injuries
- Negligent supervision
Common Causes of Child Injuries
Child injuries can occur for many reasons, including:
- Lack of supervision
- Unsafe playground equipment
- Negligent drivers
- Defective toys or children’s products
- Drowning or near-drowning incidents
- Slips, trips, and falls
- Abuse or neglect at daycare or school
- Inadequate safety measures in public or private spaces
Steps to Take After Your Child Is Injured
If your child has been injured, taking these steps will be crucial to your case:
- Seek medical attention: Take your child to a doctor as soon as possible, even if the injury seems minor.
- Report the incident: Notify the school, daycare, or property owner and obtain a copy of any written reports.
- Document everything: Take photos of the injury, the accident scene, and any hazards. In addition, be sure to keep all medical bills, receipts, and communication records.
- Avoid speaking to insurers: Don’t give a recorded statement or accept a settlement offer without first consulting an attorney.
- Consult an attorney: Contact an Estero child injury attorney to go over your case and discuss next steps.
Contact a Child Injury Attorney in Estero
Your child’s well-being is too important to leave in the hands of an insurance company. If they’ve been injured, an experienced Estero child injury attorney from Viles & Beckman can make sure your family receives fair compensation.
Schedule a free consultation to take the first step toward justice for your child.