Get the Facts on Oklahoma Child Injury Cases From an Experienced Attorney
Can you sue the school for an injury on a field trip? How can you tell if your doctor contributed to a baby’s birth injury? Our FAQ page has answers to the most common questions asked by parents after their children are injured.
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How long does a child injury claim take?
The length of time it takes to resolve a claim or lawsuit for an injured child can differ drastically from case to case. If there are relatively minor damages and fault is easily established then the claim may be resolved in six (6) months or less. However, if the claim involves catastrophic injuries, a deceased child, medical malpractice, birth injuries, defective product, or difficult liability then the case can take several years. A civil lawsuit is initiated by filing a Petition and the party being sued has twenty (20) days to file an answer. Next, the parties begin the longest part of the case, the discovery phase, which includes both sides gathering the information, evidence, testimony, and proof needed to present its case to a jury. This phase can take anywhere from six months to several years. After the parties have gathered the evidence and taken witness statements and testimony they will prepare and present the case to a judge in order to resolve as many legal issues as possible, called dispositive motions or motions for summary judgment. Thereafter, the case may go to formal a settlement meeting called a mediation. If the case is not resolved at the dispositive motions or a mediation it will be taken to trial. Trials can take anywhere from several days to several weeks.
Who can bring a child injury claim?
A claim or lawsuit for injured or deceased children in Oklahoma is normally brought by one or both of the parents. If the child dies as a result of the injuries then a probate action will be established and the executor of the estate will bring the lawsuit or claim.
How long does my child have to bring a claim for injuries?
In Oklahoma, an injured child has until they turn 19 to file a lawsuit or bring a claim against the person or business that caused their injuries. However, it is never a good idea to wait. Many times accidents, injuries, and medical malpractice issues are very fact intensive and require witness testimony. As time passes it becomes increasingly more difficult for certain records to be retrieved and witnesses to properly recall events. Compton Lawâs success is directly related to the level of investment we meticulously put into investigating, researching, developing, and understanding the intricate details of our cases. As such, the sooner you get our staff on board the better.
What damages are recoverable when a child is injured?
The Oklahoma civil justice system seeks to compensate injured children for certain losses called damages. These damages normally consist of medical bills, surgeries, rehabilitation, physical therapy, travel and transportation expenses, pain and suffering, and medication. Additionally, Oklahoma law provides for compensation for any permanent damages. Permanent damages might include nerve damage, scarring, traumatic brain injuries, spinal cord injuries, and loss of use of limbs. Moreover, parents may recover for economic damages such as lost income, travel, and other out of pocket expenses.
How is the money distributed when a child is injured?
Distributing Proceeds For Child Injuries.
The civil justice system seeks to compensate injured people for their losses. This is sometimes referred to the "make whole" rule, which means the negligent party should compensate the injured for all damages that would put them in the same place as if they had not been injured. Interestingly, this system is based on basic principles set forth in the Bible. Because much of this compensation will go towards payment of medical bills, lost wages, travel, transportation, medication expenses, physical therapy, rehabilitation, in-home care providers, and medical equipment, it will be distributed to other parties soon after the resolution, settlement, verdict. The child victim should also receive additional compensation for pain and suffering, future medical charges, and permanent damages.
In Oklahoma, if an injured child under the age of 18 receives over $1,000.00 (excluding actual payments to medical providers, cost, and fees) then that sum will be placed in a trust account that is overseen by the County Court. Parents would be allowed distributions from the recovery for their out of pocket expenses.
If you have further questions about collecting or distributing funds for the injuries to a child, please contact us or call 405-542-2529.