Watching your child go through a serious injury can be an emotional and traumatic experience. As a parent, all you wish to do is to protect your child and give them a healthy, fulfilling life. After an injury, you may not know where to turn or if your family will be able to move forward. At McCormick & Murphy, P.C., we know how difficult this situation can be.
If your child suffers an injury due to another’s negligence, our Colorado Springs child injury attorneys will fight for your child’s recovery.
Call (888) 668-1182 or send us an online message today for a free consultation.
Damages You Can Pursue with the Help of a Child Injury Attorney
Families often wonder what type of damages they may pursue as part of the personal injury claim for their child. Usually, damages received from a successful case help offset the immediate and future costs associated with the long-term care of your child. For this reason, it’s important to understand the three damage types in child accident claims and when they apply.
Here’s a breakdown of each damage type and what they cover.
Economic Damages
Immediately following the injury, your child will most likely need medical care. This may include hospitalization, emergency transportation, doctor’s appointments, tests, medications, and more. That’s where economic damages come in. Special or economic damages are the measurable costs and expenses you incur due to your child’s injury. In most cases, this covers treatment costs, but it also covers things like property damage and accessibility conversions.
Non-Economic Damages
While your child’s injuries present financial hurdles, they can also be physically and emotionally devastating. Maybe your child isn’t able to participate in their favorite activities anymore. Or, maybe they struggle with depression or PTSD related to the incident. In these situations, many families choose to seek non-economic damages as well. The purpose of these damages is to reimburse a victim for non-tangible losses. These typically include loss of quality of life, mental anguish, and pain and suffering.
Exemplary Damages
If an injury was caused by willful, or wanton acts, or with a reckless disregard for the safety of others, then punitive damages may be sought. This may happen after a violent encounter with a bully or a car accident involving a DUI. If you believe that the other party intentionally harmed your child, we recommend contacting a children’s injury lawyer immediately.
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How Long Do I Have to File?
Colorado, like other states, has a statute of limitations for personal injury cases. This means you have a limited amount of time to file a lawsuit after the injury occurs. The statute of limitations varies in certain cases and doesn’t apply the same way to children as it does to adults.
For example, the standard statute of limitations for a personal injury (excluding car accidents) is two years from the date of injury. However, this rule doesn’t apply to minors, since they aren’t considered legally competent. Instead, the statute of limitations is “tolled” or frozen until the child reaches the age of 18, known as the age of majority.
For example, if your child receives an injury from a fall at the age of 10, they have until their 20th birthday to file. For car accidents, which have a statute of limitations of three years, this time limit extends to the child’s 21st birthday.
How Our Child Injury Lawyers Can Help
If your child receives an injury due to the negligence of another, you and your family deserve justice. At McCormick & Murphy, P.C., our Colorado Springs child injury attorneys have decades of combined experience representing personal injury victims. We know how devastating injuries are for victims and their families. And with millions in recoveries, we know how to help you.
To schedule a free case review, call us at (888) 668-1182 or contact us online.