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An injury to one’s child is painful for any parent, particularly when that injury is someone else’s fault. Beyond the immediate pain and heartache of the injury is the threat it makes to the child’s future health and happiness. You and your child should not have to bear the consequences of someone else’s cruel or thoughtless behavior alone, and an experienced child injury attorney can help see that you don’t.
If your child has been injured and someone else is to blame, your child could be entitled to significant compensation for the injury, its long-term consequences, and the pain and suffering they have endured. The attorneys at Siefman Law LLC are ready to help you get the justice that you and your child deserve. Call us today at (503) 395-2135 or contact us online for a free consultation with a compassionate child injury lawyer in Oregon.
At Siefman LLC, we are prepared to handle child injury-related cases, including:
Regardless of how your child was injured, if someone else was to blame, we are ready to help. Contact us today for a free initial consultation.
A Comparative negligence system takes into account how much each party’s actions contributed to an accident that led to an injury and assigns them a percentage of fault. In a state that follows the pure comparative negligence principle, an individual can still receive compensation if they are 99% at fault for the accident which resulted in their injury. Whatever compensation they are awarded is simply reduced by the percentage of their fault.
The state of Oregon, however, follows the modified comparative negligence principle. What this means practically is that your child can only receive compensation for their injuries if your child or you as the parent are found to be no more than 51% at fault for the accident in question.
For example, let’s say your child’s case results in a settlement of $100,000. If it’s found that either of you was 20% responsible for the accident that caused their injuries, then that compensation would be reduced by 20%, and your child would receive $80,000. However, if you or your child is found to have been responsible for 52% of the accident, then the defendant would not be liable for your child’s injuries, and your child would not be entitled to receive any compensation at all.
Protecting the rights of minors is a priority that the law does not take for granted. However, minors are not of legal age to file lawsuits, nor of developed mind to be able to seek justice on their own behalf for any wrongs committed against them. The law attempts to resolve this issue by providing children with exceptions to the usual time constraints applied to filing a lawsuit.
Federal and state laws require that lawsuits be filed within a certain time period after the injury that gave rise to them. These time limits are known as statutes of limitations.
In Oregon, the statute of limitations for filing a lawsuit is two years from the date of the accident or the first appearance of the injury. But there is an exception for children. When a child has been injured, the statute of limitations is either five years after the date of the accident or one year after the child’s 18th birthday, whichever occurs first.
If your child was injured in an accident due to someone else’s actions, they could be entitled to compensation. As their parent, you can file a claim on your child’s behalf. If the claim is successful, your child may receive three different types of compensation:
Economic damages compensate your child for the quantifiable losses they have suffered, including medical bills and medical treatment costs. Since you would most likely have paid these costs, you may apply to be compensated for your out-of-pocket medical expenses from whatever compensation your child receives. This includes the emergency medical attention and hospital care your child received immediately following the accident, as well as any further medical treatment (such as therapy, rehabilitation, home/vehicle disability modifications, and prescription drug needs) your child needed for their injuries.
Similarly, any future medical treatment that your child may need and their associated costs will also be covered by these damages. If your child’s injuries were particularly severe, the effects may be long-lasting and may impact your child’s earning ability and future income. They may be awarded economic damages to cover this estimate as well.
Suffering from serious injuries can have an incredible impact on anyone’s emotional and mental health, especially when the victim is a child. Non-economic damages cover your child’s pain, suffering, mental anguish, and any decline in their present or future quality and enjoyment of life.
This final form of compensation is awarded in rare cases when it can be proven with clear and convincing evidence that the defendant’s actions were intentional, reckless, and done with malice. These damages are intended to punish the negligent person in order to deter such behavior in the future.
The particular types and amounts of compensation to which your child may be entitled will depend on the circumstances of their injury. An experienced child injury lawyer in Oregon can investigate the incident and come to a more conclusive understanding of what they may be owed.
The Oregon child injury attorneys at Siefman Law LLC are dedicated to helping injured children and their families get the justice and security that they deserve. We strongly believe that your child is entitled to a long and happy life, and we are prepared to help them if someone has put that in jeopardy. For a free consultation to discuss your claim, call us today at (503) 395-2135 or contact us online.