Yes. By far, cases for children's personal injuries normally settle rather than go to trial. This means that instead of the year or year and a half long process of a trial, they short circuit into settlement. This can mean that you see recovery and compensation faster for your or your child's harms but it can also have different consequences. Speak with a competent attorney to understand the differences in each case path.
Why Do Children's Injury Cases Settle More Than Go To Trial?
There are many reasons why children's injury cases settle more than they go to trial. For one thing, the focus of plaintiffs is compensation. They care less about making sure the defendant is labelled negligent by a court of law. Expenses are adding up, income is going down the drain, and the whole time victims and their families are just trying to make it to the end of the day. So if someone offers them a chance to skip all the pain, expense, and time of a lawsuit, why wouldn't they take it. It's their ticket to move on from the whole affair. Also, if defendants know they are going to lose, they certainly don't want to go through the motions-waste time and money-just to lose. Also, there's not a lot of proof that settling takes money out of the coffers for plaintiffs that would be there through settlement. Obviously, both settlement and trial deserve serious consideration with your lawyer prior to picking either one, but here are some common reasons why children's injury cases settle, especially in birth injury cases where the facts are so complicated.
What Can I Do To Protect My Child's Case?
If your child has been injured by a doctor, truck driver, classmate, or anybody else, there are several steps you can take to ensure that he or she doesn't miss out on the chance to obtain legal recovery. First, take them to the hospital and call the cops. This will preserve evidence as well as keep the kid safe and healthy. Second, get the information and contact numbers of any third parties or witnesses present when the event transpired. Third, try and gather any evidence or materials items that are material to the incident. Fourth, don't talk to the person who caused the accident or their representatives. This should only be done by the child's attorney.
Finally, encourage your child to record any memories, impressions, or questions that he or she has about the incident. Going through this checklist will help your children fight for their rights but you should speak with an attorney to learn more about how you can help your kids!
Confused? Call Our Law Offices!
We know that you're probably sitting there wondering what all these legal terms mean or feeling unsure about which legal route to choose. The good news is that you don't have to worry. We can help. We can explain how child injury cases normally unfold, how the laws affect your kid's facts and circumstances, and, most importantly, what you need to do to protect your child's rights. More than any of these things, however, we know that your children are the most important thing in your life. That is why we spend our careers fighting for them. So contact the child injury attorneys at Rosenfeld Injury Lawyers LLC at (888) 424-5757 and hear how we can help.
For additional information see the following pages:
- How Are Children Injured?
- What Can a Child Obtain in a Personal Injury Case?
- What Are Child Injury Laws?
- What Is Institutional Child Abuse?
- What Can I do If I Have Been Harmed or Know a Child That Has Been Harmed?
- What Are Child Injury Cases Worth?
- What Resources Are There For Injured Children?
- How Can a Lawyer Fight For Your Injured Child?
- What Medical Injuries do Children Suffer?
- What Are Typical Childhood Injuries?
- Are Children Injured More Frequently Than Adults?
- Do Children Get Hurt More Than Adults in Hospitals?
- Can I Spank My Child?
- Can I Get in Trouble For Falsely Reporting Child Injuries?