Demystifying the Legal Process for Your Child’s Case
Going to court can sound scary. You might see dramatic scenes on TV, filled with judges, juries, and intense arguments. It’s perfectly natural to feel worried or intimidated by the thought of a lawsuit, especially when your child’s well-being is at the center of it all. However, it’s important to know a comforting truth: most personal injury cases, including those involving children, don’t actually proceed to a full trial before a judge and jury.
In fact, around 95% of personal injury cases in the U.S. are settled without ever going to trial. This means about 95 out of every 100 cases are resolved outside of court, through negotiations or mediation. In our experience at Child & Birth Injury Lawyers, the percentage for child injury settlements is often even higher.
At our firm, we want to make this process as clear and as stress-free as possible for your family. We serve clients nationally, and we prepare every case as if it’s going to trial, because that’s how you build the strongest leverage for a fair settlement. Here’s a simple summary of how the process usually works when we fight for your child:
Our Step-by-Step Approach to Justice for Your Child
Our approach is meticulous, compassionate, and focused entirely on securing the best possible future for your child.
- Thorough Investigation: Piecing Together the Whole Story This is our very first step, and it’s absolutely crucial. We become detectives, meticulously gathering all the evidence related to your child’s injury. This means:
- Obtaining every single medical record, from emergency room visits to ongoing therapy notes.
- Collecting official incident reports (police reports, school reports, daycare reports).
- Gathering crucial visual evidence like photos and videos of the injury scene, any dangerous conditions, and your child’s injuries.
- Interviewing witnesses to get their accounts.
- Performing legal research to identify all responsible parties and applicable laws. We piece together the whole story, figuring out what happened, who was responsible, and what harm your child suffered. This thorough foundation is key.
- Filing a Complaint (Lawsuit): Officially Starting the Case If we can’t settle the case quickly and fairly through initial negotiations, the next step is often to file a formal document with the court. In most places, this is called a “complaint” or “petition.” This document officially starts the lawsuit. It lets the court and the at-fault parties know we are formally seeking justice and compensation for your child. In some cases, it’s a necessary legal step, not necessarily a sign that you’re immediately headed to trial.
- Discovery: Gathering All the Facts from Both Sides This is a substantial and often time-consuming part of the lawsuit, but it’s vital for building a strong case. During “Discovery,” both sides in the case gather more information from each other. We use various tools:
- Interrogatories: These are written questions that the other side must answer under oath.
- Requests for Production: We ask for documents, photos, videos, emails, and other records relevant to the case.
- Depositions: This is where we ask people questions under oath, outside of court. We might depose witnesses, the at-fault party, or even medical experts. Their sworn testimony helps us fully understand the strengths and weaknesses of the case.
- Independent Medical Examinations (IMEs): The defense might ask your child to be examined by a doctor they choose. We prepare you and your child for this, protecting their rights. Discovery is where we collect all the vital information, leaving no stone unturned.
- Mediation & Negotiation: Seeking a Fair Resolution Often, after gathering extensive information through Discovery, both sides attempt to settle the case outside of court. This may happen through direct negotiations between lawyers, where we fiercely advocate for your child’s rights and future needs. Or it might occur in “mediation,” where a neutral third person (sometimes a retired judge or an experienced attorney) helps everyone try to agree on a fair amount of money. Settlement negotiations often happen early in the process but can be revisited throughout. Many cases find a fair resolution at this stage, avoiding the need for trial.
- Trial (If Necessary): Presenting Your Child’s Case to a Jury If, and only if, we simply cannot reach a fair settlement outside of court – because the other side isn’t offering what your child truly deserves – then we proceed to trial. This is where we present your child’s case to a judge and jury. They listen to all the evidence, hear from witnesses, and then decide who is at fault and how much money should be paid. The team at Child & Birth Injury Lawyers is always prepared for trial if that’s what it takes to secure justice for your child. We prepare every case as if it’s going to trial from day one, which gives us the strongest negotiating position.
The Role of a Child Injury Lawyer: Your Advocate in the Process
Throughout this entire process, your focus should be on your child’s healing and well-being. Our role is to handle all the legal complexities, shield you from stress, and tirelessly advocate for your child’s best interests. We understand the specific laws regarding child injury settlements (including court approval for minors’ settlements), and we ensure every step is taken to protect your child’s future.
When a child is seriously injured due to someone else’s negligence, their future depends on getting experienced legal help. The sooner you act, the better. Your child deserves comprehensive medical care, long-term support, and full compensation for their suffering. Don’t carry this immense burden alone. If your child has been injured due to someone else’s negligence or mistake, please do not hesitate. Call Jeff Killino and the team at The Child & Birth Injury Lawyers immediately. We are here to fight for your child.
