Child injuries can stem from a wide range of causes, but some of the most frequent include:
Falls: Falls are a leading cause of non-fatal injuries for children. According to the CDC, over 8,000 children are treated in U.S. emergency rooms daily for fall-related injuries. These can occur from playground equipment, windows, stairs, or furniture.
Motor Vehicle Accidents: Car crashes, pedestrian accidents, and bicycle accidents account for a significant number of child injuries and fatalities. NHTSA data from 2020 shows that 607 child passengers aged 12 and younger died in car crashes.
Drowning: Drowning is a leading cause of death for children, especially toddlers and preschoolers. Swimming pools, bathtubs, and even buckets of water pose dangers. The CPSC highlights that most child drownings occur in residential swimming pools.
Burns: Burns from hot liquids, fires, stoves, and electrical outlets are common, particularly in younger children.
Poisoning: Household chemicals, medications, and cleaning products can be poisonous if ingested by children.
Choking: Small objects, toys, and food can cause choking, particularly in infants and toddlers.
Sports and Recreation Injuries: Organized sports, playground activities, and recreational activities can lead to sprains, strains, fractures, and concussions.
Dog Bites: Dog bites can cause serious injuries, especially to the face and neck.
Abuse and Neglect: Sadly, child abuse and neglect remain significant concerns, causing physical and emotional harm.
Our firm, works on a contingency fee basis. This means:
This arrangement allows families to access legal representation without having to worry about upfront costs or adding to their financial burden.
If your child is injured, it’s important to act quickly and decisively to protect their health and legal rights:
Schools and Daycare Centers: These institutions have a duty to provide a safe environment and adequate supervision for children. Negligence can involve inadequate supervision, unsafe premises, or failure to address bullying or harassment.
Playgrounds: Playground injuries are common, and negligence can involve faulty equipment, lack of maintenance, or inadequate supervision.
Swimming Pools: Negligence related to swimming pools can include inadequate fencing, lack of supervision, or failure to provide proper safety equipment.
Retail Stores and Businesses: Negligence in retail stores or businesses can involve hazardous displays, slippery floors, or falling merchandise.
Homes: Negligence in a home setting can involve unsafe conditions, such as unsecured furniture, accessible poisons, or unrestrained dogs.
Determining liability in a child injury case involves assessing whether another party’s negligence or wrongful actions directly caused your child’s injury. Negligence occurs when someone fails to exercise reasonable care, and that failure results in harm to another person.
Duty of Care: Adults and entities responsible for children have a legal duty to provide a safe environment and take reasonable precautions to prevent foreseeable harm.
Breach of Duty: If this duty of care is breached, and that breach directly causes a child’s injury, the responsible party can be held liable.
Playground injuries often involve falls from equipment, collisions with other children, or contact with hard surfaces. Common injuries include:
Fractures: Broken bones, particularly in the arms and legs.
Head Injuries: Concussions, skull fractures, or traumatic brain injuries.
Sprains and Strains: Injuries to ligaments and muscles.
Cuts and Abrasions: Lacerations, scrapes, and bruises.
Determining liability in a car accident involving a child depends on various factors, including:
Negligent Driving: If another driver’s negligence, such as speeding, distracted driving, or drunk driving, caused the accident, they can be held liable.
Defective Vehicle: If a vehicle defect, such as faulty brakes or tires, contributed to the accident, the vehicle manufacturer or a mechanic may be liable.
Road Conditions: If hazardous road conditions, such as potholes or inadequate signage, played a role, a government entity responsible for road maintenance may be liable.
If a defective toy caused your child’s injury, you may have a product liability claim against various parties:
Manufacturer: The company that designed and manufactured the toy may be liable for design flaws, manufacturing defects, or failure to provide adequate warnings.
Distributor: The company that distributed the toy may also be held liable if they were aware of the defect or failed to properly handle and store the product.
Seller: The retailer who sold the toy may be liable in some cases, particularly if they knew about the defect or misrepresented the product’s safety.
The goal of a child injury lawsuit is to secure compensation for the full extent of your child’s losses, both present and future. Damages may include:
Medical Expenses: This covers all past and future medical costs associated with the injury, including hospitalization, surgery, doctor visits, therapy, rehabilitation, medication, and medical equipment.
Pain and Suffering: This compensates for the physical pain, emotional distress, and mental anguish your child has experienced and may continue to experience due to the injury.
Loss of Future Earning Capacity: If the injury is severe and impacts your child’s ability to earn a living in the future, you can seek compensation for this loss.
Disability: If your child’s injury results in a permanent disability, you can recover damages for the costs of long-term care, assistive devices, and modifications to your home.
Disfigurement: Compensation may be awarded for scarring, disfigurement, or other permanent physical changes resulting from the injury.
To determine liability, we need to establish if another party’s negligence caused your child’s harm. This means they had a responsibility to keep your child safe, they failed in that responsibility, and that failure directly led to the injury. For example, if a store owner knew about a broken step and didn’t fix it, and your child fell on that step, they could be liable.
There are several ways a child injury case can be resolved:
Expert witnesses can provide invaluable support in child injury cases. They offer specialized knowledge and testimony to help establish negligence, causation, and damages. Some common types of expert witnesses in these cases include:
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