Cases Involving Injuries to Children:

Cases involving injuries to children, such as automobile accidents, defective products, assaults and premises related injuries, present unique challenges. Often, the injured child is still growing, which sometimes makes the long term implications and consequences of the injury difficult to determine. Also, all settlements involving children must be court approved and the child cannot have access to the settlement funds until the child reaches the age of eighteen. Before the court will approve a settlement, the judge will analyze the injury, the accident facts and the settlement amount and the judge will consider the placement of the funds until the child reaches the age of eighteen. The Firm has considerable experience in working with doctors and other healthcare providers in determining the long term consequences of injuries to its children clients and in working with investment groups to maximize the financial benefits the children clients will eventually receive from the settlement or judgment.

The following are examples of cases involving injuries to children the firm has handled:

Jeff Peraldo represented a teenager whose vehicle had been struck and run off of the road by a hit and run driver. The client's' vehicle went out of control and rolled several times. The client sustained injuries to his lower extremities. The client's own insurance company refused to provide insurance coverage for the client's injuries and litigation against the insurance company was necessary. After an exhaustive arbitration hearing with full testimony and medical evidence, an arbitration panel awarded the client damages in the amount of $117,000.

Jeff Peraldo represented a young boy, a visitor to his grandfather's farm, who had been struck by a vehicle being operated by a contractor's employee on farm property. The child sustained severe leg injuries. Liability was denied by the responsible insurance company based on a claim that the child had "darted" into the path of the workers' vehicle, thus making litigation and extensive discovery necessary. The firm's case investigation identified several witnesses who testified that the child had not run into the path of the defendant's vehicle as the defendant had claimed and the case was settled at mediation for $280,000. The firm worked with a premier investment group to invest a large portion of the child's settlement funds in a structured settlement that will make periodic payments to the child over his life time for future medical expenses, college expenses and other necessary expenses.

Jeff Peraldo represented a young girl who sustained facial lacerations when the vehicle in which she was riding as a passenger vehicle was struck at an intersection by another vehicle that had run a red light. The at-fault driver initially denied responsibility for the collision and litigation was necessary. The case eventually settled at mediation for $156,000. The firm worked with a premier investment group to invest a large portion of the child's settlement funds in a structured settlement that will make periodic payments and a lump sum payment to the child for her college expenses and other necessary expenses.

To see other cases involving injuries to children the firm has handled, please visit our Case Results page.

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