It is a sad but true fact-part of growing up for almost every child is suffering an injury. When that injury is a serious injury that was caused by someone else’s negligence then you need an injury lawyer that has the experience required in litigating children’s cases so as to maximize their recovery.
At our firm Jaroslawicz & Jaros, we have had cases for children who were injured while they were in school, in camp, at daycare, on a playing field, traveling to or from an activity in a car or school bus, in a home, crossing the street, on a stair, in a fire, scalded by hot water and so many other ways.
Assuming that what lawyer’s call liability can be established, which simply means that someone can be proven to have been negligent and that it was that negligence that caused the injury, then the question becomes proving the damages.
When children suffer a serious injury what is most important is to determine their future prognosis, how will their injury affect them in the future. A court case may take two years to process at which point it needs to either settle or if it cannot settle then proceed to a Trial and a jury verdict.
In order to maximize any settlement before Trial, or to maximize a verdict, the damages must be identified, and then properly prepared and presented.
If, unfortunately, an injury to a child is serious and permanent, then the following issues must be considered, and what the court calls “experts” are required to explain them. These experts must provide their opinion in written reports and if the case proceeds to a Trial by their sworn testimony.
Future medical costs and expenses:
Will more medical treatment be required? Will there be any future surgeries or hospitalizations? Any occupational or physical therapy? Psychological counseling? The help of an aide or nurse? What will be needed for the rest of the child’s life to provide the best care possible?
The answers to these questions can only be provided by a doctor, or doctors, who specialize in the field(s) of medicine required to treat the injuries suffered. The expert doctor must also put the projected number of years the child will need the treatment as well as the present costs for that treatment.
Life care plan:
Based on the testimony of the medical expert(s) another expert then prepares what is called a “Life Care Plan”. The life care plan documents the care the child will need, the number of times per year the child will need that care and for how many years, as well as the cost for such care.
It then requires the expertise of an expert economist to perform the actual calculations, taking into consideration, the present costs for that treatment, the number of years they will be required, as well as the rates of inflation over the years.
Future loss of wages:
If the injury is serious enough that it will affect the child’s education, employment opportunities and choice of professions, then the economist is again called on to provide those projections after the medical expert(s) has explained the extent of the injury.
In addition to being entitled to compensation for past and future medical costs and expenses, and to the future loss of wages, an injured child is also entitled to be compensated for both their past and future pain and suffering. This is also proven by the medical expert(s) who explain the extent and permanency of the injury.
The cost necessary to obtain these experts, and have then to them testify at a Trial, is in the tens of thousands. It is for that reason that a child who has been seriously injured in an accident requires, and is entitled, to have lawyer who will have the ability and funds to hire the right experts to prove the damages.
It is only be obtaining reports from these experts that set forth the injuries and damages suffered can a lawyer hope to get a fair settlement or a large verdict. Unfortunately, many attorneys will accept a very serious case and then just try to settle it for what they can without spending the money or doing the work required.
At Jaroslawicz & Jaros we believe that our integrity is our competitive advantage. We have experience and a track record of results. There is a reason why we have hundreds of positive reviews, have obtained a verdict or settlement in hundreds of cases for over $1Million dollars, and have recovered over $2 Billion in compensation for our clients.
If your child was seriously injured then call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.
You can reach partner Abraham Jaros directly, cell 917-842-9544, or email ajaros@lawjaros.com.
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