children's Injuries FAQ |
Have you represented injured children in cases in West Virginia?
Yes. Our office has worked with many injured children. Some have been injured riding in the car, playing at school or camp, and playing at home. The children have suffered from injuries ranging from broken bones to minor and serious head injuries to burn injuries to emotional injuries. We have represented babies, toddlers, elementary age children, pre-adolescents and adolescents.
Will it traumatize my child to involve the legal system?
Most of the time, cases are settled without going to court. Even when children must appear in court, the court system has made great improvements to make the experience easier on the child. We will work with your child in the rare circumstance that he or she may need to go into the courtroom, prior to any court appearance to be sure that he or she feels safe and comfortable.
What if my child was at purely at fault for his or her injuries?
In West Virginia, the amount of your recovery may be reduced by your child’s actions depending on the age of the child. However, you may still be able to recover, so long as the other parties were mostly at fault in causing the accident.
My child was sexually abused by a neighbor and the prosecuting attorney is going to file charges. Do I need to consult with an attorney?
Yes. Although you will most likely not need to retain an attorney to assist you with the criminal prosecution of your case, you may need an attorney in several related cases. An attorney can assist you in securing reimbursement for your medical expenses or lost wages through the West Virginia Crime Victim’s Compensation Fund. There is no charge to you to use an attorney to assist you with that application. An attorney may also help you discover if there are resources available to help you obtain compensation for your pain and suffering through a civil case. Contact our office for a free consultation to explain these processes to you.
It has been more than six years since my child was injured. Is it too late?
The amount of time that a victim has to file a suit depends on many factors. Children are allowed to file their claims after they turn 18, but their parents may have to file within a shorter period for certain expenses. The rules pertaining to these situations can be confusing and you should consult with an attorney to make sure that you timely protect your children’s interests.
My child was bitten by the neighbor’s dog and now has a huge scar. I feel terrible about filing a lawsuit against my neighbor, but don’t want to compromise my child’s rights. What should I do?
Some people are hesitant about engaging the legal system when someone is injured by another person’s honest mistake. However, in many cases, the recovery may be entirely from insurance companies and you will not seek your neighbor’s personal assets. Our office will investigate this matter for you and permit you to make the decision about whether or not to proceed once you have the facts.
How can I tell if my child has a right to recover for her pain and suffering after she has been hurt?
The only way that you can be confident that you have protected your child’s interests is to consult with an experienced attorney and have all of your questions answered. Our office never charges for the initial meeting in any personal injury case. Contact Brenda Waugh at 304-263-6601 to arrange for your free meeting today.