Do You Have A Brachial Plexus Claim?
Children are a vulnerable age group and have a higher risk of injuries. They are likely to sustain a brachial plexus injury from a severe accident. An adult or another child could have been responsible for the bodily harm on purpose or unintentionally. In several situations, the parents or guardians of the minor have a legal entitlement to reimbursement. Places like Tampa allow people to sue on their children’s behalf. Learn more about your potential legal options from our experienced personal injury lawyers.
What Is a Brachial Plexus Injury?
The body contains a bundle of nerves known as the brachial plexus. The network sends signals from the spinal cord to the arms and hands. A stretch or compression can harm the brachial plexus. Additionally, the effects of an injury depend on the severity and location. Many children suffer from a damaged brachial plexus after a traumatic accident. Different brachial plexus injuries exist as well. Medical treatment, like surgeries, can repair the damage. However, the healthcare costs can add up significantly if the injury is acute. As a result, you could face financial struggles because of your child’s injury. The medical condition might have been the fault of another party. Many accidents happen due to negligence, and you can get compensation with the help of an attorney.
Common Brachial Plexus Injury Cases
Motor Vehicle Crashes
A child could experience a brachial plexus injury at birth. However, many of them sustain damage to the nerves after a traumatic event. Someone could obtain an injury if they are in a motor vehicle collision. Over 91,000 children experience nonfatal car crashes every year. The force of impact in a head-on or side-impact collision can damage the bundle of nerves. Shards of glass and other sharp objects could penetrate and sever the nerves. As a result, the victim loses part or all sensation in the arm or hand.
Sports
Many children join a sport to participate in after school. Contact sports are more likely to result in a brachial plexus injury. Examples include hockey, wrestling, and football. Even though players wear protective gear, the nerves still might stretch or receive a blow. Some people refer to sport-related injuries as stingers or burners. Faulty equipment might be the root cause of a brachial plexus injury accident. Additionally, an opponent could have knocked a person onto the ground. In some instances, the victim could have grounds to sue for negligence.
Falls
Some children receive a brachial plexus injury when they fall. Annually, about 2.2 million minors under 14 need to visit the hospital for fall-related injuries. A portion of the visits likely involves damage to the nerves. Incidents can occur at home, around public swimming pools, stores, and playgrounds. Specific properties need to ensure proper safety precautions are in place. Ruptures in the shoulder, arm, or wrist can occur from the impact of hitting the ground. Parents need to watch out for symptoms if they know their children have fallen. If an accident is someone else’s fault, the family could have legal options available to them.
Who Can File a Claim for a Child’s Injury?
In most places, children have the right to receive complete compensation for personal injuries. The process is similar to a brachial plexus injury case of an adult. The parent might have a separate right to file a claim if they paid medical bills on behalf of their child. However, a person under 18 cannot start a claim. The law makes an exception for emancipated minors. The lawsuit procedure might vary based on the state. Usually, a parent or legal guardian can start a case and negotiate on behalf of the minor. However, some states require the judge’s permission for a parent to settle the claim. The statute of limitations in several jurisdictions allows the minor to bring a lawsuit against someone soon after their 18th birthday. You should find a child injury lawyer to represent your child in the event of a brachial plexus injury. Attorneys know how to proceed when the victim is a minor. They can acquire the necessary proof to establish the other party was negligent.
How to Win a Brachial Plexus Injury Lawsuit
When a parent or guardian sues on a child’s behalf, they need to prove liability. Each claim must contain the four elements of negligence. The first element is the other party had a duty of care. For instance, motorists owe a duty of care to other drivers, passengers, and pedestrians. Next, you have to show how the defendant failed to meet their duty. Their actions directly led to the accident and caused bodily harm. A store owner might not have placed a wet floor sign, and the child slipped as a result. The victim then sustained a brachial plexus injury and other potential damages due to the incident. While you try to prove each element, the defendant may dismiss or lower compensation. The other side could have one or more strategies they can use. A child brachial plexus injury attorney increases the chance of a successful claim.
How to Maximize the Value of a Claim
During a brachial plexus injury lawsuit, parents or guardians have the opportunity to maximize their child’s potential compensation. A few ways to increase the value of your claim are:
- Medical assistance. An injured child should see a doctor immediately after an accident. Early treatment can restore function in serious cases of brachial plexus injuries. Additionally, the medical records and expenses show how much the damages cost you and your child.
- No statements. The other party’s insurance company might contact you soon after the accident. If the adjuster requests a statement, you should not give one. They can use it to lower the value of your claim. You do not have an obligation to say anything to the insurer.
- Gather evidence. You or your child should take pictures or videos of the accident scene if possible. The images document the damage and the conditions of the area. Some places have security cameras you can use. For car collisions, be sure to collect the other driver’s name, phone number, and address. Reach out to any witnesses as well.