The worst experience for any parent or guardian is seeing their child seriously injured. It only becomes more stressful when you are forced to deal with insurance companies and the justice system on top of that. Thankfully, you do not need to do it all alone.
A Wheeling child injury lawyer could take over your legal challenges so you can focus on supporting your child’s recovery. Starting the process is only a phone call away. Contact our experienced personal injury attorneys Bordas & Bordas today for a free consultation.
Our Dedication to Results in Child Injury Cases
Children can get hurt in various ways. Our lawyers in Wheeling commonly take on cases in which minors are injured by:
However, this list is not exhaustive. Consider the case of our clients, who were parents of a boy who suffered third-degree burns over 80 percent of his body.
Their son was in their home when a natural gas explosion caused a wall of fire to overtake him. His extensive injuries required 23 surgeries and a three-month stay in the hospital. We took this case all the way to trial, securing a $1.7 million verdict.
If your child has experienced harm due to someone else’s actions or inactions, contact our compassionate team as soon as possible.
Shared Fault Allegations and How To Defend Against Them
Depending on who caused your child’s injuries, pursuing a claim might be tricky. Under West Virginia’s modified comparative negligence rule, multiple parties can be found responsible—including parents or the injured child.
The court establishes a percentage of fault for each party. If the injured child and their guardians are more than 50 percent at fault, they cannot recover damages. Child development experts are critical for proving the child’s behavior was appropriate for their age.
Often, defendants try to argue that caretakers failed to supervise their child, which truly caused the child’s injuries.
Our attorneys in Wheeling understand how defending parties try to weaken child injury cases with such legal principles. That is where our years of experience and network of experts could make a difference for parents and guardians.
Damages That Are Available for Childhood Injuries
Minors are not allowed to file lawsuits themselves. This means children’s parents or legal guardians must pursue compensation for their injuries. Our Wheeling attorneys could help you claim both economic and non-economic damages in child injury suits.
Economic damages include costs such as medical bills, lost wages for adults who must take time off work to care for an injured child, or accommodation. They can also include home modifications, medical equipment, and even special schooling. These economic damages are easily calculated from relevant documentation and paid, by default, to parents or legal guardians.
Non-economic damages are those that do not have a clear dollar value, such as pain and suffering, emotional and psychological distress, and scarring or disfigurement. Because non-economic damages specifically relate to the harm that the child experienced, they are paid to the child or held in trust until the child reaches adulthood.
In extreme cases—when the injuries resulted from reckless behavior, gross negligence, or intentional harm—courts can also issue punitive damages.
Call a Wheeling Attorney for Help With Your Child Injury Case
When your child is injured, you may be entitled to compensation for economic and non-economic damages. A Wheeling child injury lawyer could help you start and navigate the legal process governing these claims.
At Bordas & Bordas, we are dedicated to getting results for families with injured children. Let our experienced team seek compensation for you and your child. Call us today for a free consultation and start the journey toward justice.