If your child has been injured and a settlement has been reached, you may be waiting to get that money so you can use it to pay for their medical treatments. In your typical personal injury case, the minor can access the funds on their 18th birthday. However, In the case of a birth injury lawsuit, you may be counting on that money to provide many years of care.
When a child is injured by an act of negligence, it can be a frightening experience. In the aftermath of an injury to your child, you will want to keep your focus on caring for them. Unfortunately, the bills don’t stop just because your son or daughter needs you. Your medical bills may be piling up, you may be missing work, and there may be even more expenses related to the injury looming on the horizon.
When this happens, many parents choose to file a personal injury lawsuit on behalf of your child. Getting a settlement or award can help you and your child move forward. However, we know that you will need this money now. Most people cannot afford to wait years for their settlement to come through. In this situation, companies such as https://tlfllc.com offer a compelling service, where you can borrow against this future money. Keep reading to learn more about some common types of childhood personal injury lawsuits and what happens with the settlement money in these cases
Birth Injury Lawsuits
Approximately five to six out of every 1,000 live births in the United States will result in a birth injury. If your child’s injury happened immediately before, during, or after you gave birth and it was caused by a doctor’s mistake, you may want to contact an attorney who specializes in this area of the law. Some birth injury settlements are in the multi-millions. The amount you can recover from a birth injury depends on many factors, as no two cases are alike.
Car Accident Lawsuits
According to the Centers for Disease Control’s Childhood Injury Report, automobile accidents are the leading cause of injuries and deaths in children in the United States. When a driver makes a mistake or behaves negligently and a child is hurt, the at-fault party can be held accountable by a personal injury lawsuit. How much your injured child may be entitled to will depend on the specifics of your case.
Dog Bite Lawsuits
Approximately 4.5 million children are bitten by dogs in the U.S. each year. When an adult or a child is bitten by a dog, it is almost always considered to be the owner’s fault. Dog owners have a legal responsibility to make sure their animal is not a danger to others. When they fail, they can be held liable in court. According to one report of dog bite claims by state, the average payout in a dog bite case is $36,000, though this varies by state.
How a Settlement Is Distributed
We’ve all seen the ads on television that show large settlement amounts. What you may not realize is this is the total settlement before any fees and expenses have been deducted. Before you receive your child’s settlement, the following costs may be deducted:
- Attorney fees
- Court filing fees
- The cost of expert witnesses
- Medical lien reimbursements
With your lawyer’s help, parents may create a life care plan that will show how the funds will be distributed on your child’s behalf. The court will put a structured settlement in place to protect your child’s best interests and make sure the money is used for their care. The structured settlement will determine how often funds are paid out and the amount of each payout.
If a portion of the settlement is designated specifically for the parents, such as the portion of the settlement that was allocated for your pain and suffering, you will be able to access those funds to use as you wish. Once your child turns 18, they will be able to access their funds on their own.
The statute of limitations is the time period in which you are legally required to file a claim. Once it has passed, in the vast majority of cases you will not be able to sue. This time period is different in each state, though in many it is two years. If your child has been hurt by someone else’s mistake, ask a local attorney for information about filing a case in your state.