As a parent, there is nothing worse than seeing your child in pain. If your child has been injured in an accident, taking care of your child’s needs is understandably your top priority—and you will be focused on doing everything you can to help your child recover as fully and quickly as possible.

But it will also be important to consider your family’s legal rights. Medical care is more expensive than ever, and, in Alabama, parents can seek financial compensation for their children’s pain and suffering, emotional trauma, and other accident-related losses as well. In this article, Birmingham premises liability lawyer Tracy W. Cary discusses families’ legal rights after premises-related accidents, but the same basic principles also apply to other types of accidents resulting in child injuries in Alabama.

Families Have the Right to Find Out What Happened

If your child was injured in a premises-related accident, you have the right to find out what happened. This is true for all types of premises-related accidents, including (but not limited to):

Finding out what happened involves conducting a thorough investigation. In many cases, this will include not only investigating the scene of the accident but also obtaining construction documents, maintenance records, surveillance camera footage, and other forms of documentation as well. Once you hire a Birmingham premises liability lawyer to represent your family, your family’s lawyer will be able to get to work gathering the evidence needed to determine what happened and why.

Families Have the Right to Find Out Who (or What Company) is Responsible

Determining precisely why your child was injured will allow you to determine who (or what company) is responsible. In premises-related accident cases, this is usually either: (i) the property owner; (ii) a tenant; or (iii) a company involved in the construction or maintenance of the property. But, there are other possibilities as well; and, when filing a claim, you need to be able to prove that the party you are filing a claim against is legally responsible for your child’s injuries.

Families Have the Right to Take Legal Action

Once you know who (or what company) is responsible for your child’s injuries, you can take legal action to hold them fully accountable. In premises-related accident cases involving child injuries, parents will often be able to seek financial compensation for losses, including:

  • Medical bills
  • Other out-of-pocket costs (i.e., medical supplies and pain medications)
  • Pain, suffering, and emotional trauma
  • Permanent scarring or disfigurement
  • Loss of enjoyment of life and other non-financial losses

In cases involving long-term or permanent disabilities, parents may be able to seek financial compensation for their child’s loss of future earning capacity as well. An experienced Birmingham premises liability lawyer will be able to assist with determining how much your family is entitled to recover, and then you can use this information to decide whether it is worth taking legal action.

Families Have the Right to Be Treated Fairly By the Insurance Companies

In most cases, taking legal action after a premises-related accident involves dealing with the insurance companies. Property owners, commercial tenants, construction companies, and other businesses typically have liability insurance that protects them against these types of claims.

If your family has an insurance claim, you have the right to be treated fairly by the insurance companies. The insurance companies have a legal obligation to handle your family’s claim in good faith, and they cannot attempt to mislead you or unreasonably delay coverage in an effort to get you to drop your claim or settle for less than your family deserves.

With that said, when dealing with the insurance companies, you still need to be very careful. The insurance companies don’t always follow the law, and even when they do, it is still up to parents to prove their legal rights. When you hire an experienced Birmingham premises liability lawyer, your family’s lawyer will deal with the insurance companies on your behalf and use the available evidence to fight for a fair settlement.

Families Have the Right to Make Informed Decisions

If your child has been injured in an accident, you have the right to make informed decisions throughout the process of filing a claim. This includes making informed decisions about when (and if) to settle. With an experienced lawyer representing your family, you can feel confident in your decision-making, and you can ensure that you do not unknowingly settle for less than your family deserves.

Families Have the Right to Legal Representation

Due to the various challenges involved in asserting your family’s legal rights, it is important to have an experienced lawyer on your family’s side. Fortunately, families have the right to legal representation in this scenario. While not legally required, hiring a lawyer to handle your family’s child injury claim is strongly recommended, and, with contingency-fee representation, it costs nothing out-of-pocket to hire a lawyer to fight for just compensation on your family’s behalf.

Families Have the Right to Go to Court if Necessary

Finally, while hiring a lawyer to file an insurance claim will often lead to an out-of-court settlement, families have the right to go to court if necessary. If the insurance companies refuse to pay just compensation for your child’s injuries, you can (and should) rely on your family’s Birmingham premises liability lawyer to take them to trial. In many cases, the insurance companies will change their tune about settlement as a trial date approaches—and, here too, your lawyer can help you make an informed decision about whether to accept a settlement or keep fighting for more for your family.

Was Your Child Injured in an Accident? Discuss Your Family’s Legal Rights with a Birmingham Premises Liability Lawyer for Free

Was your child injured in an accident in Alabama? If so, we encourage you to contact us for a free consultation about your family’s legal rights. To speak with an experienced Birmingham premises liability lawyer one-on-one, call 205-855-2745 or contact us online today.