Oklahoma City Child Injury Lawyer

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on March 12, 2024

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Hasbrook & Hasbrook
400 N Walker Ave #130, Oklahoma City, OK
Phone: 405-605-2426

Are you seeking a personal injury lawyer for your child in Oklahoma City? From accidents to medical expenses, navigating the legal system can be overwhelming. Our experienced team will fight for your child’s rights and seek the maximum compensation they deserve. Trust us to be your advocate every step of the way.

Legal Rights of Injured Children in Oklahoma City

When parties involved in a dispute, such as parents in a personal injury lawsuit, reach an agreement outside of court, they can file a friendly suit to obtain legal approval for their settlement. This process ensures that the agreement is fair, reasonable, and in compliance with our laws. The requirement for court approval aims to safeguard the best interests of any minor children or vulnerable individuals involved in the suit.

To initiate a friendly suit, the parties file a petition with the Oklahoma County District Court, providing details of their settlement agreement and requesting the court’s approval. The court then reviews the agreement to ensure it meets the legal requirements and considers the best interests of the affected parties. The judge may also consider any relevant factors, such as the child’s welfare, financial support, visitation rights, or the well-being of an incapacitated individual, before granting approval.

Once the court approves the settlement, it becomes legally binding and enforceable. This means that both parties are obligated to adhere to the terms of the agreement. Court approval also provides a sense of security and legitimacy to the settlement, as it ensures that it is fair and protects the rights of all parties involved.

This prevents a parent from spending the money on themselves or normal family expenditures.

How to Choose the Right Personal Injury Lawyer for Your Child’s Case

When choosing a personal injury lawyer for your child’s case in Oklahoma City, there are a few essential factors to consider. Here’s what you need to know:

  1. Experience: Look for a lawyer who has the expertise and knowledge needed to represent your child effectively.
  2. Track Record: Research and ask the lawyer about past cases and outcomes.
  3. Communication: Find a lawyer who communicates well and keeps you updated on your child’s case.
  4. Compassion: Choose a lawyer who genuinely cares about your child’s well-being and is committed to fighting for their rights.
  5. Resources: Ensure the lawyer has the necessary resources and support staff to handle your child’s case’s legal representation properly.

The Role of Negligence in Child Personal Injury Cases in Oklahoma City

Negligence is essential in every personal injury case in Oklahoma City. It shows who is legally responsible and allows the injured child to seek compensation.

Child injuries can happen in various ways, like car and bicycle accidents, playground accidents, medical negligence, mistakes, or dog bites. When a child is hurt because of someone’s negligence, it’s crucial to prove that the responsible person didn’t meet their duty to care for the child properly.

Negligence significantly impacts these cases because it affects the legal protection and compensation options for the child and their family. It can also cause emotional trauma for the child and other parents, so holding the negligent party accountable is essential.

Seeking Compensation for Medical Expenses in Child Personal Injury Cases

If your child is injured because someone else was careless, you can seek compensation for their medical expenses. This is an essential step in helping your child recover from severe injuries.

To ensure you can get compensation, you must gather all the medical documents related to your child’s injuries. This includes medical reports, bills, and receipts. Strong evidence of the medical expenses will strengthen your case and increase the chances of getting fair compensation.

Hiring a lawyer specializing in child personal injury cases is also a good idea. They’ll handle the legal process for you, fight for your rights, and help you get the compensation your child deserves.

Seeking compensation can help with the financial burden of expensive medical treatments and ensure your child gets the necessary care. You should also review your insurance coverage because it might cover some of the expenses you recover compensation.

Emotional Impact: Addressing the Psychological Consequences of Child Injuries

Child injuries can have a significant emotional impact on your family. Addressing common child injuries’ psychological consequences is essential to promote healing and recovery.

When a child is injured, it can cause trauma that affects their mental and emotional well-being. Therapy designed specifically for children can help them process their emotions, learn coping strategies, and develop resilience.

Ignoring the long-term effects of psychological trauma can lead to anxiety, depression, and post-traumatic stress disorder. Building a solid support system for your child, including family, friends, and professionals, can provide the necessary guidance and support to help them navigate their emotions.

Steps to Take Immediately After Your Child’s Accident in Oklahoma City

Seeking immediate medical attention is essential after your child’s accident in Oklahoma City. Even if the injuries seem minor, it’s crucial to have a medical professional assess their condition.

Documenting evidence is also essential. Take pictures of the accident scene, visible injuries, and property damage. This evidence will be necessary when seeking fair compensation for your child’s injuries.

Determining who’s at fault for the accident is another crucial step. Consult a personal injury lawyer who can help you navigate the legal aspects and choose the liable party.

Accidents can have an emotional impact on children. Seek support from professionals who can help your child cope with any trauma or anxiety from a severe accident they may be experiencing.

Consulting with a personal injury lawyer specializing in child accidents is crucial for pursuing fair compensation. They can help you pursue compensation for medical expenses, pain and suffering, and any long-term effects of the car accident on your child’s life.

Proving Liability: Building a Strong Case for Your Child’s Personal Injury Claim

It would be best to have a strong case to prove liability for your child’s personal injury claim in Oklahoma City. Start by collecting all the evidence you need. This includes:

•             Medical records

•             Accident reports

•             Witness statements

•             Photos of the accident scene

You should also gather documents showing the negligent actions or conditions that caused your child’s injury, like maintenance logs or safety regulations.

Negotiating With Insurance Companies in Child Personal Injury Cases

Understanding Your Rights and Options in Child Personal Injury Cases

Dealing with insurance companies in child personal injury cases can be complicated. To ensure you receive fair compensation, knowing your rights and options is important. Here are key strategies to consider:

1.          Collect Strong Evidence: Gather medical records and eyewitness testimonies to support your claim.

2.          Seek Legal Guidance: Consult with an experienced child personal injury lawyer who can help you navigate the negotiation process.

3.          Be Persistent: Be prepared to negotiate and pursue a fair settlement.

4.          Document Expenses: Keep track of all expenses related to the child’s injury, including medical bills and ongoing treatment costs.

5.          Consider Legal Action: If the insurance company refuses to offer a reasonable settlement of legal claim, you may need to file a lawsuit.

The Importance of Timely Filing in Child Personal Injury Lawsuits

Don’t wait too long to file your child’s personal injury lawsuit – timely filing is crucial for a successful case.

In child personal injury lawsuits, the statute of limitations is essential. Each state has a specific time frame for filing a lawsuit; if you don’t file within that time frame, your child’s injury case may be dismissed.

Gathering and keeping all relevant documents related to the incident is also crucial. This includes medical records, accident reports, and witness statements, which serve as evidence for your claim. Gathering evidence like photographs and videos can also help prove a medical care provider’s negligence or liability.

Expert witnesses play a significant role in these lawsuits, providing their expertise and opinions on causation, liability, and damages.

Lastly, accurately calculating the damages suffered by your child, such as medical expenses, pain and suffering, emotional distress, and future damages, is essential.

Filing your child’s personal injury lawsuit in a thorough, timely investigation gives you the best chance of getting the compensation your child suffered and deserved.

Frequently Asked Questions

How Long Do I Have to File a Personal Injury Lawsuit for My Child’s Injuries in Oklahoma City?

You must know how long it takes to file a personal injury lawsuit for your child’s injuries in Oklahoma City. Getting legal advice right away is essential to understand your compensation options. Make sure to gather medical documentation and evidence to support your case.

What Are Some Common Emotional Consequences That Children May Experience After a Personal Injury in Oklahoma City?

After a personal injury, children may feel emotional trauma and have psychological effects. Giving them coping mechanisms and support is essential to help them recover. The long-term results can vary.

What Factors Should I Consider When Choosing a Personal Injury Lawyer for My Child’s Case in Oklahoma City?

When choosing a personal injury lawyer for your child’s case in Oklahoma City, there are a few essential factors to consider. These factors include legal fees, experience, communication, and success rate. Considering these elements, you can help ensure the best outcome for your child’s birth injury case.

First, it’s essential to consider the legal fees associated with hiring a personal injury lawyer. You’ll want to determine how much the birth injury lawyer charges and what payment options are available. This will help you determine if their services are affordable for your family.

Next, you should look at the lawyer’s experience as a personal injury attorney. Find out how long they have been practicing law and if they specialize in individual injury cases. It’s also a good idea to ask if they have handled child injury cases similar to your child’s. This will give you an idea of their expertise in this area of law.

Communication is another essential factor to consider. You’ll want a responsive lawyer who keeps you updated on your child’s case. Ask about their preferred method of communication and how often you can expect to hear from them. This will help ensure that you stay informed throughout the legal process.

Lastly, it would be best to inquire about the lawyer’s success rate. Ask about their track record of winning cases and obtaining fair client compensation. This will give you an idea of their ability to achieve a positive outcome for your child’s case.

How Can I Prove Negligence in My Child’s Personal Injury Case in Oklahoma City?

You need to gather evidence and consider expert testimony to prove a person’s negligence in your child’s personal injury case. This will help you get compensation for your child’s severe injury and navigate the legal process effectively.

What Steps Should I Take Immediately After My Child’s Accident in Oklahoma City?

After your child’s accident, it’s essential to take immediate action to keep them safe and well. Get medical help for their injuries and collect any evidence of what happened. It would be best if you also consider your legal compensation options.

Oklahoma Laws On Child Injury Cases

  • 12 O.S. § 83 – Addresses court supervision of damage awards to minors.
  • 12 O.S. § 86.1 – Covers requirements for minor injury settlements under $25,000 without court approval.
  • 47 O.S. § 6-304 – Prohibits parents from allowing unlicensed minors under 16 to drive.
  • 12 O.S. § 2025.1 – Allows a parent to assign their right to recover damages for injury to their minor child to the child. This allows the child to pursue damages in their own right.
  • 23 O.S. § 10 – Allows the state or other entities to recover damages from a parent when their minor child commits a criminal or delinquent act that results in damages.
  • 47 O.S. § 11-1119 – Prohibits leaving a child under 6 unattended in a vehicle if it presents a safety risk.
  • 10 O.S. § 170.2 – Clarifies that a parent can take steps for emergency treatment of a child after an accident.

What about damages for “loss of consortium?”

Loss of consortium claims allows recovery for the loss of companionship, guidance, care, and emotional support suffered when a close family relationship is disrupted due to injury.

Under Oklahoma law, children can recover damages for loss of parental consortium when a parent is severely injured, but whether parents can recover for injured children is unsettled.

In Williams v. Hook (1990), the Oklahoma Supreme Court first recognized a cause of action for children to recover consortium damages when the negligence of a third party injures a parent. The court limited recovery to emotional losses and loss of the parent’s society and companionship.

This right was later extended to allow adult children to recover consortium damages for an injured parent in Nelson v. Four Seasons Nursing Center (1996). Again, courts emphasized keeping consortium damages distinct from the parent’s economic losses.

Fact-Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.