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

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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!

Guest Post: 5 Healthy Co-Parenting Boundaries You Need to Implement

Marriage can be difficult, but the relationship between two loving parents after a divorce can sometimes worsen. It’s not always easy to end things in a friendly way, especially when children are involved. For some parents, divorce can be as emotionally draining as financially crippling.

In order to get a healthy relationship back with the child, each of the parents must understand what the other person is feeling and how to best communicate about it. Co-parenting can be a lonely journey for both parties involved, but it will be worth taking. If a parent can learn the other person’s perspective and adjust their behavior, it will make a big difference in the long run.

Co-parenting can have positive results for both parents and children if they are willing to acknowledge each other’s feelings and emotions. It may even enrich each parent’s life as they have a chance to meet as friends outside of their marriage, allowing them to see each other in a different light. Although it’s sometimes easier said than done, there are a few healthy boundaries you should implement to keep things running smoothly.

Why do we need boundaries?

We all need boundaries in our lives. They help us feel safe and secure and know where we stand with other people. Without boundaries, we can easily become overwhelmed by others’ demands and expectations, and our own needs can get lost. Having strong boundaries also allows us to be more compassionate and understanding towards others because we can see them more clearly as separate individuals.

Observe Boundaries:

As co-parenting can be a lonely journey, you should carefully observe your boundaries with your ex-spouse. You need to consider what kind of relationship you want with them. Are you looking to be “just friends,” or are you trying to recreate the marriage? Do not respond emotionally to their actions unless it involves your child.

Remember that there may be times when your ex-spouse will try to get a reaction out of you, especially if they are feeling threatened by your presence in their life. It may be best to keep your emotions at bay and slowly move back into a friendship with their support.

As a parent, you always have the option to create boundaries with another parent. However, you must respect the other parent’s boundaries and treat them as an individual when raising your child. Do not criticize their parenting or character; instead, focus on being open to new ideas and support.

The following are five healthy co-parenting boundaries that you need to implement: 

1. Boundaries around communication 

Communication, especially around children, is challenging in co-parenting relationships. However, it’s a must-have for healthy bonds. The key is to consider your ex-spouse as someone separate from you and therefore can have a friendly conversation with them. While everyone may have an opinion about the best way to discipline their child, you will always respect another person’s viewpoint. 

To have effective communication with your ex-spouse, do not share the details about what was said in the house. You need to be careful not to appear like you are trying to control them or intimidate them. Also, for your child’s sake, try to avoid heated disagreements. Remember, your child is a sensitive person, and if you are constantly arguing with each other, it may confuse them.

2. Boundaries around parenting

When parents co-parent in the same household, they need to respect each other’s parenting styles. Although there will likely be disagreements in this area, it is important to avoid criticizing each other’s parenting. This can be tricky because both parties may feel like they are “winning” when chatting about their ex-spouse. However, these comments can lead to feeling permanently insecure and paranoid about their parents.

Be sure to avoid sarcasm and other behaviors when attempting to have a friendly conversation with your co-parent. Instead, focus on being open-minded and having patience as you watch your child interact with their new parent. It can be very frustrating when you’re used to the way things are done, but this will help the child adapt.

3. Boundaries around personal information

When you co-parent and share the same household, your ex-spouse will likely ask you personal questions. It can be difficult to explain the information they are looking for and what can be private, but it’s important to explain how to respect your right to privacy. If you feel comfortable, talk if there is anything you want to keep confidential. However, be careful not to share private information about their child or another relative that may hurt their wellbeing.

As you see, being a parent in the same household means that you have the chance to interact with your ex-spouse. It’s important to follow certain boundaries when discussing private information and issues, such as discipline.

4. Boundaries around money

It’s important to set a dollar amount with your ex-spouse on how much you pay for your child’s care. If one parent does not share equal parenting time, then it may be difficult for that parent to pay for the child’s care if the other parent has custody. You should create a list of expenses and decide which expenses each parent will pay for; this list should include regular food, clothing, shelter, and transportation. 

Ideally, you should have a financial agreement to cover medical, prescription, and other miscellaneous expenses. However, it’s essential to establish these boundaries with your ex-spouse at the proper time. 

5. Boundaries around time

Many parents do not have enough time with their children due to the long distance. You can arrange for your child to have time with their other parent by giving them a specific location, date, and time. Furthermore, you should try to schedule a small amount of time so that you can discuss the importance of following through with it. This is important because your ex-spouse is more likely to respect your needs and give them the same consideration as they would want. 

As the child grows, it will be easy to spend time with their parents. If the child can spend time with each parent independently, this is even better. If you cannot have separate sleep times, consider using a baby monitor that connects you and your child. With this information, you can set boundaries around your child’s care and be prepared for when they come home from school or need to leave the house.

Tips for communicating with your child’s other parent

1. Do not criticize their parenting before your child or interpret what they do as being personal against you. At the same time, it is important to let them know that you are there for support if they need it and that you will be there for them if necessary.

2. Do not blame your ex-spouse for all of the problems in your child’s life. This can cause your child to be uncomfortable around their other parent and feel like they cannot be themselves around them. 

3. Make a point to get along with each other and be open-minded for the sake of your child. They will pick up on any tension and stress between you, so it’s good to keep things light. 

4. Be sure to have a pace for when you would like to discuss specific topics. It’s also a good idea to set up other family meetings in the future to avoid having unnecessary conflicts around your child’s care.

5. If you feel upset and uncomfortable, it is important to speak with your child’s other parents to know what is going on. They can always help support you, so they can determine if they want you to talk with their child or not. 

Final Thought

Setting boundaries as a parent in the same household can create a better environment for your child. It’s also important to remember what you want out of life and to focus on preventing any arguments from arising. Always make an effort to maintain a loving and supportive relationship with your child’s other parent and be willing to compromise on certain parenting issues. You will have to work together and determine what is best for your child, so it’s important to set these boundaries beforehand.

Author Bio

Andrea is currently the head of content management at SpringHive Web Design Company, a digital agency that provides creative web design, social media marketing, email marketing, and search engine optimization services to small businesses and entrepreneurs. She is also a blog contributor at Baby Steps Preschool where she writes storytime themes, parenting tips, and seasonal activities to entertain children.

5 Parenting Tips for Filipinos in 2021

Being a parent is a fulfilling endeavor, filled with many beautiful moments. However, it’s also a challenging responsibility that can give rise to feelings of frustration. Parenting has also become trickier to navigate in the modern world, with technology both proving to be a boon and bane when it comes to raising children.
However, there’s no reason for fear and pressure. Parenting is tough but it’s not impossible. Moreover, moms and dads aren’t alone in this endeavor. There’s a lot of help to be found, from fellow parents to health professionals and parenting experts. Also listed below are some tips that could hopefully give you more helpful insights:

Avoid “Helicopter Parenting”

As a parent, you don’t want any harm or danger to come to your kids. There’s certainly nothing wrong with this. The problem comes when you start overseeing every aspect of your children’s lives to the point of coddling them. This is what’s called helicopter parenting.
Do note that it’s perfectly fine to supervise your children, particularly when they’re still of a certain age. However, paying extremely close attention to their activities and doing everything for them can cause problems. After all, young children and even teenagers need to experience independence and learn from their mistakes in order to develop into well-rounded adults.
Examples of helicopter parenting can be seen often in school (e.g., parents answering learning modules on behalf of their children). Nevertheless, it can also manifest in other aspects of a child’s life such as in making friends.
The key is to strike a balance. For example, if your teenager is staying overnight at a friend’s place, you can  buy load online and remind them to keep in touch. However, don’t bug them hour after hour about what they’re doing. This way, you establish ground rules and at the same time show confidence that your child will follow them. It can be hard not to worry, but giving them a little leeway will be good for everyone.

Communicate

If you’re finding it hard to make your children do what you tell them to do, perhaps it’s time to evaluate how you communicate. The “because I said so” approach is counterproductive. Children need to know the “why” of things. Do you want them to put their toys back in their proper place? Tell them the importance of cleaning up and taking care of things. This will help them understand the basis of the things you’re asking them to do.
You should also take the time to listen to your child, giving their thoughts and opinions value. When they feel that they aren’t judged, they will be more open to sharing their ideas instead of repressing them. What’s more, kids who are involved in the decision-making process are more likely to hold up their end of an agreement.

Be Consistent With Discipline

Establishing house rules is important because it sets expectations and teaches your children how to respect authority and develop self-control. However, house rules would mean nothing if you don’t follow through with the consequences. Consistency is the key here; your children might test your patience but don’t give in. Setting limits early on and being consistent with implementation can teach your children how to be responsible for their actions.

Be Flexible

Being flexible might seem counterintuitive, since the previous point emphasized consistency. Still, there is such a thing as setting unrealistic expectations. What’s more, being consistent with discipline doesn’t mean you can’t change the way you approach it. Be open to possibilities and look at a situation from a different perspective. This is especially true as your child grows up and learns more from their teachers, classmates, friends, and environment.
Besides, allowing yourself to be a flexible parent shows your children that it’s okay to make mistakes and that you can change your mind. It shows that you can make better decisions by gathering new information.

Don’t Be Afraid to Show Affection

Younger children are generally more receptive to gestures of affection like hugs and kisses. As they grow older, they might be a little more reluctant (especially when they don’t want to be seen as “babies” anymore). Still, don’t be afraid to show your affection in other ways. Listen to their stories, encourage their interests, and spend quality time with them. Give them the freedom to make their own choices, but offer your guidance.
It’s also important to let your children know that your love is unconditional. Be encouraging, rather than fault-finding. Let them know that even though they make mistakes, you’re there to support and love them.

Last but certainly not least, modern parenting means recognizing your weaknesses. Be forgiving of yourself and understand that there really is no such thing as a perfect parent. Admit your mistakes, work on improving them, and admit when you need to take a break. Parenting takes a lot of work and you need to rest to be able to do it well.
Thanks for stopping by ladies, and till next post!

A happy homemaker is a Happy Pinay Mommy!

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