As a mother, you can file a medical negligence claim to get compensation for your child who has been injured or suffered due to wrong or neglectful medical treatment. In the US, children under 18 cannot make a claim themselves since they are young.
Therefore their mother or an adult would have to make a claim on their behalf. Filing a lawsuit for compensation for medical negligence can be quite perplexing, and you might feel unsure of how you can get compensation for your child.
So let’s take a look at how you can get compensation for your child.
Making a Claim
When your child is involved in a medical negligence case, the responsibility falls on you to make a claim. If you live in Atlanta, you should first consult with an Atlanta personal injury lawyer. Your lawyer would first try to understand your case and ensure that your checks injuries or illness are caused due to medical negligence.
The lawyer would also try to make a compensation estimate for your child. This would be based on the amount that would enable your child to sustain their life. With the complexity of medical negligence compensation cases, it is usually time-consuming and has a lot of steps that need to be considered.
For instance, your lawyer must ensure that your claim is substantiated. An expert would do this. Also, sometimes when medical providers get a letter of claim from your lawyer, it can take months to investigate and get back to you. However, with a personal injury lawyer, you would be carried along the process of your case progress.
After taking your case to court and getting approval from the Judge or jury for a settlement, the compensation is usually given to the court, who will then use the money on the child’s behalf till they get to 18 years. As a mother, you can also apply to get some of the money paid. But, this would only be allowed if your child would benefit from it.
Sometimes your child’s injury could be severe. Therefore, doctors would not be able to accurately pinpoint the injury’s long-term consequences till your child gets older. When such cases occur, it can be hard to make a claim. A better option would be to ask your lawyer to request interim payments to help meet your child’s current care till the injury is later determined.
Claim Time Limit
The time limit for filing a medical negligence case for your child is usually three years after you became aware of the case or after the accident. However, it is advised to file a claim immediately if the incident happens. This is because the case is still fresh, with witnesses, evidence, and documents still readily available.
That’s A Wrap
It can be painful to witness your child get an injury due to medical negligence as a parent. It can even be more stressful filing for a claim. However, employing the services of a competent personal injury would enable you to get the right compensation for your child.
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