Personal injury claims can be complex, especially when they involve children. And when a case involves a child with autism, they require special consideration due to the unique needs of the child.
For parents and guardians of autistic children in Columbus, Ohio, it’s essential to understand the specific factors that could come into play when seeking compensation for your child’s injuries.
What Is a Personal Injury Claim?
A personal injury claim can arise when someone’s negligent or intentional actions cause harm to another. A personal injury case is an insurance claim or lawsuit seeking compensation for that harm. The goal of a personal injury claim is to obtain compensation for medical expenses, pain and suffering, and other losses your child suffered because of the party that caused their injuries.
For all children, including those with autism, injuries can occur in various ways. Children can be injured through accidents, bullying, or inadequate supervision. Depending on how the injury occurred, there may be one or several liable parties.
Personal injury lawsuits in Ohio are governed by a two-year statute of limitations. However, the statute of limitations differs slightly when the injury involves a minor. The two-year time limit doesn’t start counting down until the minor’s 18th birthday, but a parent or guardian can file a claim on their behalf before they turn 18.
Unique Factors Autistic Children Face in Personal Injury Claims
Autistic children may face additional challenges after suffering an injury. These challenges may influence the outcome of their personal injury claim in several ways:
● Communication Difficulties – Autistic children often have varying levels of communication abilities, and not all of them will be able to explain the pain or discomfort they feel or the details of how an injury occurred. This can make it difficult to gather the necessary evidence. However, an experienced personal injury attorney will work closely with specialists who understand autism and can work with your child to understand their experience.
● Heightened Sensitivity – Some autistic children have heightened sensitivity to physical pain or environmental stimuli, leading to increased suffering from injuries that might seem minor to neurotypical children. It’s important to discuss the symptoms of your child’s autism with your attorney and your child’s treating doctor so they can accurately assess the severity of the injury when calculating damages for pain and suffering.
● Long-Term Effects – Injuries can have a more significant impact on children with autism, which can worsen existing conditions or lead to new behavioral or emotional issues. For example, a traumatic event like a car accident can lead to increased anxiety and disrupt established routines, affecting your child’s quality of life.
● Special Accommodation – Autistic children often require special accommodation and therapy to thrive. An injury may result in your child needing additional support services for which you can seek compensation through the injury claim.
Contact a Columbus, Ohio, Personal Injury Attorney Today
Filing a personal injury claim for a child with autism requires understanding the legal process and the unique needs and challenges that autistic children face. At Oliver Law Office, our compassionate personal injury attorneys strive to provide every client with the care and representation they deserve. Contact us online or call us today at (614) 220-9100 for a free consultation about your child’s case.