What to Do if Your Child Got Injured Due to Someone Else’s Fault?

kid hiding on pillows
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When a person is injured due to someone else’s negligence – be it an accident case, a defective product case, or medical malpractice, it becomes a case of personal injury. And child personal injury cases are more complex as a minor can’t fight their case on their own or file a lawsuit.

Many times newborn babies suffer due to misuse of vacuum pumps or other medical equipment that are used at the time of pregnancy. Hence, it is imperative for parents to know how to deal with such situations.

In such cases, a person or a team is legally responsible for the injuries. If your child has suffered severe injuries which cost you a heavy amount of money, you can apply for a monetary claim from the defendant’s party. But for that, you will have to prove that the other party is at fault. Here we have discussed the steps you need to get your child’s personal injury claim.

Hire a Personal Injury Lawyer

Any personal injury case can get complex, but there are unique challenges with seeking a claim on behalf of a minor. Since a child case can be tricky and requires careful legal attention, parents should reach out to a personal injury attorney for help.

A lawyer is the best person to help you evaluate your child’s case and see if you are eligible for compensation. Moreover, personal injury cases always get difficult when it’s about calculating the estimated claim and convincing the defendant party.

A lawyer can help judge both sides, evaluate the child’s injuries and their long-term effects, and quote a genuine claim which is backed by facts and evidence.

Prove that the Other Party Is at Fault

Most child injury cases are due to the other party’s negligence, yet sometimes it can be grueling for the parents to prove the negligence. Moreover, you need to prove that the defendant owed a duty to your child and bring evidence to demonstrate that they failed to comply with their duty. Again, here your lawyer will help represent the evidence on your behalf.

Depending on your particular case, you also need to identify what kind of duty the other party owed to your child. For instance, if your child suffered due to medical malpractice, you need to prove that the healthcare providers didn’t act with reasonable care while attending to the child or failed to comply with their duties.

Speaking from the legal perspective, the child’s representative must prove the following terms in order to hold the other party liable:

  • Duty of Care: The defendant had a duty of care to not harm the child in the given condition.
  • Breach of Duty: The defendant breached their duty by doing something wrong, which a reasonable person should not have done in the same situation.
  • Causation: The defendant’s breach of duty and care is what caused injuries to the child.
  • Damages: You have medical bills and records to prove your child’s injuries.

Understand the Limitations of Your Case

Depending on the state you’re filing the case in, there will be certain limitations related to your child injury case. There are different statutes for different claim requests in different states, which an injury lawyer can help you guide about.

For instance, the statute of limitations for child injury cases in Florida is usually four years from the injury date, whereas, in Oakland, the child’s representative gets only two years after the accident to file the claim. Because child injury cases are more complex, complying carefully with the statute of limitations is imperative. Any misguidance in such cases can result in the dismissal of the lawsuit.

File a Claim Representing Your Child

Since an injured child cannot fight for their claim on their own, parents or legal guardians have the right to apply for the claim as their legal representative. In many states, they are known as the ‘next friend’ who is appointed by the court to protect the rights of the minor.

 A next friend could be one parent, both the parents, a legal guardian, or a court-appointed lawyer. Moreover, depending on your local laws, you might also need to take the court’s approval to deem you as your child’s legal representative.

Once these claims are settled, and the victim gets the reimbursement, the fund can be secured as a trust for the child and can be used for their higher education. The amount of the claim will depend on the extent of damages suffered by the victim.

Thank you for stopping by and till next post!

A Happy Homemaker is a Happy Pinay Mommy!

Could Your Family Do More To Help The Environment?

Cloth diapers are good for the skin and best for the environment!

Despite taking some major steps towards a greener, more carbon-neutral environment, the human population still has a way to go before reaching its sustainability goals. It’s much easier to change outdated lifestyle habits when you do it as a team, which is why it’s so important for families to work together when it comes to helping the environment.

Reducing Landfill Waste

In 2022, as much as 85% of textiles end up in landfills. A clothes swap with other families can help to reduce that percentage. Kids grow up so quickly and often outgrow their clothes after just a few wears. Hosting a community clothes exchange (all washed and cleaned of course) can not only help diminish the negative environmental impact of wasted textiles but can also save you and your community some money.

Composting is another fun, immersive, and highly effective way to reduce food waste. Get the kids involved in a home garden composting project, and either palm off the result to local gardeners or use it in your backyard for a family food-growing project.

Switching From Disposable To Reusable Home Supplies

It’s hard to escape the grip that disposable goods have on society. However, there are ways to work around it. One of them is switching to reusable goods where.

Cloth diapers, for example, are a very effective and sustainable alternative to disposable ones. These sustainable fabric diapers can be bought in packs of 10-25, and are softer on sensitive skin than their plastic counterparts.

But if you don’t have any young children in need of potty training, there are other ways you can help. Toothbrushes, shopping bags, aluminum cans, and tires are some of the most commonly found objects in landfills, and yet they all have eco-friendly, sustainable alternatives.

Drive Less, Walk And Cycle More

The accumulation of greenhouse gasses is one of the biggest threats currently facing the planet. If you want your family to do more for the environment, this is one major way to make an impact. Opting to use your car less in favor of walking, cycling (or even skateboarding) can significantly reduce your family’s carbon footprint – and promote physical health at the same time.

These adjustments may require some patience, but you can take comfort in knowing how your actions are positively affecting the planet. Plus, your kids will be raised to understand the importance of sustainable living. It’s a win-win!

Thanks so much for stopping by! Till Next Post!

A happy homemaker is a Happy Pinay Mommy!

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Here is the Third installment of FB and online cloth diaper sellers in Manila. Photo Credits.

Hi Mommies, here is the third installment of our FB and Online Cloth Diaper sellers in Manila. Hope you had been able to read Part-1 and Part 2 of this series.

As I usually say, if in case your favorite FB and Online dealer has not been included in the list, please let me know via comment below or though my Facebook Page.

I am sure a lot of moms are on the look-out for great bargains now as some of us may need additional diapers in view of the rainy season. Again, just a disclaimer HFs and Local WAHMs are not included in the series  as I have a separate series of blog posts for them, and you may read part 1 of the Local WAHMs that make HF CDs in the Philippines here and part 2 here.

So without further ado, here is Part 3 of FB and Online Cloth Diaper Sellers in Manila:

  1. Lucas & Co. –Is a direct seller of Cloth Diapers such as Qids, Tushè, Rumpz, Babyland, Naughty Baby and more. Apart from cloth diapers, Lucas & Co. also carries Leg Warmers, Busha Pants, HFs, Wetbags, Bibs with PUL Lining, Hair Accessories and more. If I am not mistaken, like Vezees, they are also open to wholesalers. Visit her FB Page here.
  1. Sky’s The Limit – is another well recommended shop by CDing mommies. This shop carries the following brands: Cloth Diaper: Alva, Babyland, Naughty Baby, and Cloth Diaper Inserts which includes among others, Pure Bamboo, 4-Layer Organic Hemp Cotton, 6-Layer Bamboo Cotton Trifold (6-layer when folded), and Bamboo Cotton Quad-fold. She also sells PX goods. Go to her FB Shop here.

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  1. The Fawn Shoppe – Is an importer, wholesaler and retailer of Happy Flute and Alva Cloth Diapers. This shop also wholesales and retails Wish baby products. They also have busha shorts, wetbags, crib shoes, Baby K’Tan, Sansfluo Dental Care Line, Inserts and Liners, Tiny Buds, Organic Teething Pads. Go to her FB Page here.
  1. Dandy Nappy – Carries the following brands Dandy Nappy (Covers, AIO) Happy Flute, Alva, Kawaii, Baby Legs, Infant Socks, and other Baby Accessories and more. Go to the FB Page here.
  1. Baby Lampers Shop – Carries the CD Brands Naughty Baby, Alva, busha pants, branded Swim Wear, RLR Laundry Treatment, and more. Check out her FB Shop here.

Again, if your favorite dealer is not on the list, please let me know so I could make another post on this.

Happy CDing fellow moms!

Here is a You Tube Video on Cloth Diapering, you may want to check it out:

https://happypinaymommy.com/2015/06/19/my-cloth-diaper-washing-routine/