Keeping Your Children Safe
For parents and guardians, their child’s safety is their number one concern. Unfortunately, despite taking every precaution, children will undoubtedly experience accidents that could lead to serious injury.
The law firm of Emroch & Kilduff understands that there is nothing worse than seeing your child hurt. We also understand you want to do everything you can to fight for the justice your child deserves following one of these horrific accidents. That is why our Richmond child injury lawyers are ready to support and help you through this whole process.
Emroch & Kilduff - Who We Are
Founded in 1970, Emroch & Kilduff has provided award-winning representations for those injured in devastating accidents throughout Virginia. It is our goal to provide our clients with the attention and service they deserve.
Since day one, we have fought for those who could not fight for themselves and have won millions in settlements and jury verdicts for our clients.
Some of our recent awards have included:
- $1.65 million medical malpractice case
- $1.25 million motor vehicle collision
- $1 million medical malpractice case
- $3.85 million auto accident
- $1.5 million wrongful death
- $2.25 million premises liability accident
- $7.75 million slip and fall accident
- $6.234 million workers compensation case
Richmond Childhood Injury Statistics
In Virginia, unintentional injuries were among the leading causes of hospitalization, disability, and death for children aged one to eighteen. Additionally, according to the Children’s Safety Network, motor vehicle-related deaths remained one of the most significant causes of death for children under 14.
Common accidents involving children include:
- Motor vehicle accidents
- Sporting accidents
- Dog bite accidents
- Straying onto dangerous properties or playing on unsafe conditions
- Daycare accidents
- Pedestrian accidents
- Drowning accidents
Sadly, these accidents often result in more than just a minor scratch or bump. These incidents can often result in severe fractures, significant head trauma, traumatic brain injuries, broken bones, concussions, internal injuries, deep lacerations, and even infections. As a result, long-term rehabilitation and ongoing medical treatments are needed, and medical expenses begin to skyrocket.
Motor Vehicle Accidents and Children - The Duty of Care in Richmond
Children lack impulse control. They often do not think of all the things that can go wrong because of their actions. One minute they are playing with a basketball in their driveway, and the next, they are running out on the street, not thinking to check for cars. Consequently, motor vehicle accidents remain one of the top causes of childhood deaths.
However, because of a 1965 case, Sullivan v. Sunderland, Virginia set out a special duty of care owed to children. In this case, the court made it clear that the duty owed to adults is different from that owed to children and that motorists need to be extra careful when kids are around. As a result, Virginia law requires that motorists owe a special duty of care to children once they know a child is nearby or see a child. Drivers are expected to act knowing that children are impulsive and they need to drive with extra caution to avoid any injury.
Richmond Child Injury FAQ
The idea of an accident injuring your child is horrifying. But child injuries happen every day. According to the CDC, accidental injury is the leading cause of death in children. Approximately 12,000 children and young adults pass away from unintentional injuries every year.
Parents and guardians who have to deal with their child after one of these traumatizing accidents may have numerous questions and concerns. The law office of Emroch & Kilduff is here to help, providing the answers you want and going after the justice your child deserves.
1. What steps do you need to take after your child is injured in an accident?
Your top priority following an accident should be your child and their safety. Call 911 and get them emergency medical help immediately following an accident. Once your child gets medical care, you can then focus on going after the compensation they need.
In addition to calling the police, there are some additional steps you can take following your child’s accident that can help their legal claim, including:
- Take pictures: Take photos and videos of your child’s visible injuries and the scene of the accident. Include vehicles that were in the crash, any dangerous conditions, the weather conditions at the time of the accident, skid marks on the road, or any other evidence that you feel is pertinent to show what happened.
- Talk to witnesses: If any witnesses saw what happened, make sure you get their names and contact information. Their statements can provide valuable information about what happened and who was at fault.
- Contact an experienced Richmond child injury attorney: When your child is involved in an accident, it may not be possible to collect any evidence or speak to witnesses. If you could not gather evidence yourself, do not worry. When you contact Emroch & Kilduff, our experienced Richmond child injury attorneys can take care of these legal complexities for you.
2. If my child’s injury appears minor following a Richmond accident, do they still need to see a doctor?
Even if you believe your child only experienced a minor injury, it is still essential to get them checked out by a doctor. Often, serious injuries such as head trauma or traumatic brain injuries can remain hidden for days, if not weeks, and the longer you wait to get them treated, the more dangerous and deadly these injuries can become. That is why it is vital to get your child examined by a medical professional as soon as possible.
Additionally, the physician will record information about your child’s injuries in a medical report. This report can be crucial for your child’s Richmond child injury claim, especially if the insurance company or the defense decides to claim your child’s injury resulted from a pre-existing condition or a subsequent event.
3. Does my child need to bring a Richmond lawsuit themselves?
If an accident harmed your child, they will not have to bring a lawsuit themselves. Typically, the child’s guardian or parent can bring the suit on the child’s behalf and make critical decisions regarding the case along with the attorney who represents the child.
4. If the insurance company calls following my child’s accident in Richmond, should I speak to them?
No.
Many victims make the mistake of believing that the insurance company wants to help them following an accident, especially if the accident was not their fault. Unfortunately, this is far from the truth. Like other businesses, insurance companies want to make a profit, and the less money they pay you for your claim, the more money they make. Often they will try any tactic they can to limit your child’s compensation or deny their claim altogether. In some cases, they may even try to settle the claim as quickly as possible by offering a meager settlement amount hoping that you do not seek legal counsel before you agree to it.
Before you accept an insurance company’s offer, make sure you consider all of your child’s present and future accident-related expenses, including current and future medical bills and the care they may need for the rest of their life. For these reasons, if the insurance company calls, let them know that all discussions regarding your child’s claim will be through your lawyer. A lawyer knows how to help you go after the maximum settlement amount your child needs.
5. How long does my child have to bring a claim in Richmond?
In Virginia, the statute of limitations for a child’s personal injury case is two years from the child’s 18th birthday unless their parents file on their behalf or the child becomes emancipated. If a parent decides to file a claim on their child’s behalf, the parents have five years from the accident date to file a lawsuit for the medical bills their child has incurred.
6. Why do I need to contact the law offices of Emroch & Kilduff following my child’s accident in Richmond?
Child accident claims are not only confusing and complicated, but they can stress the whole family. If your child is involved in a Richmond accident, contact the Law Offices of Emroch & Kilduff.
Our experienced attorneys can:
- Go over any questions and concerns you may have and discuss the legal options your child can pursue.
- Investigate the accident, interview relevant witnesses, and gather critical evidence to show liability and fault.
- Handle the negotiations with the insurance company and fight for a fair settlement on your child’s behalf.
- If the other side is unwilling to negotiate, take your child’s case to trial.
Do not wait any longer. If a Richmond accident injured your child, contact Emroch & Kilduff at (804) 358-1568 today and let our Richmond child injury lawyers go after the damages your child deserves.
Richmond Child Injury Claims - What is Required?
In Richmond, if you want to bring a claim for an injury to your child, it generally needs to be made within two years from the date of the accident. However, numerous exceptions apply to this statute of limitations. That is why speaking with an experienced Richmond child injury attorney is so critical.
Often, these cases are based on negligence. As a result, if you want to succeed in your claim, you need to prove that the at-fault party owed a duty of care to your child, the at-fault party breached this duty, and this breach resulted in your child’s injury and led to damages. Many times this duty of care will depend on the specific relationship between the at-fault party and the child.
Typically, the following individuals are found responsible for a child’s injury:
- Motorists
- Pet owners
- Property owners
- Teachers, counselors, and bus drivers
- Daycare workers
- Coaches
- Medical doctors and staff
- Hospitals
- Toy manufacturers
It is imperative to contact an experienced Richmond child injury lawyer as quickly as possible following your child’s accident. They can not only begin an investigation promptly to figure out what happened and the applicable laws that apply to your case but also help you figure out the best legal course of action to pursue.
If your child has been injured in an accident in Richmond, you need the legal help of Emroch & Kilduff. Our attorneys and legal team are ready to fight and go after the compensation your child deserves. Contact us today to discuss your case or call our office at (804) 358-1568.
Client Testimonial
“My attorney and everyone here at Emroch & Kilduff have been amazing. They have been there for me through the entire process of my case and have always answered any questions that I have had. This was great because I had several. I highly recommend them to everyone.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Jason D.
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