When your child is injured, navigating the legal system can feel like climbing a mountain. It’s confusing. It’s overwhelming. And you’re already dealing with so much heartache. But this is where our firm, Child & Birth Injury Lawyers, steps in. We take on that enormous burden. We guide you every step of the way. Our goal is straightforward: to secure justice and ensure your child receives the full compensation they need for the best recovery and their entire future.
Let’s break down how we fight for your child. It’s a journey, but we walk it with you.
Who Is “To Blame” When a Child Gets Hurt?
Most child injury cases we handle are based on something called “negligence.” This simply means that someone acted carelessly. Or they didn’t act when they should have. And that carelessness, that mistake, caused your child’s injury. It’s not about being mean. It’s about not being careful enough.
Think of it like this, in four simple parts:
- Duty of Care: Everyone has a duty of care. It’s like a rule that says people must act reasonably and safely. They must try to prevent harm to others. A driver has a duty to drive carefully. A store owner has a duty to keep their floors safe for shoppers. A doctor has a duty to provide good medical care. We all have duties to keep each other safe.
- Breach of Duty: This refers to a situation where someone fails to fulfill their duty. They broke the rule. They were careless. The driver sped too fast. The store owner left a wet spot on the floor without a sign. The doctor made an error with the medication. They didn’t act the way a careful person should have.
- Causation: This is super important. The carelessness must have directly caused your child’s injury. The speeding car hit your child, and that caused a broken leg. The wet floor made your child slip and hit their head. The doctor’s mistake led to a new health problem. There has to be a clear link.
- Damages: Because of the injury, your child suffered harm. This is where we discuss the adverse events that occurred. It includes physical pain, medical bills, emotional problems, or long-term issues.
If we can prove all four of these parts, we can often win a case.
Who Can Be Held Responsible? (Identifying the Defendants)
This is a big question. Who is the person or company that was careless? Who should pay for your child’s injuries? It’s not always immediately apparent. However, finding the right person or group to hold responsible is integral to obtaining justice.
Here are some ordinary people or groups we might hold responsible:
- Drivers: If your child was in a car accident, the driver who caused the crash. This could be another driver. Sometimes, it could even be the driver of the car your child was in if they were careless.
- Property Owners: This could be a homeowner. It might be a store owner. Or a landlord. Even if the injury occurred on public property, such as a park or sidewalk, in a city or county, if the property owner failed to maintain their premises safely and your child was hurt, they could be held responsible.
- Manufacturers: If a toy or product was made dangerously or had a hidden defect, the company that made, designed, or sold it can be held responsible.
- Daycare Centers & Schools: If a child is hurt due to negligent supervision (insufficient adult supervision), unsafe conditions, or mistakes made by staff in a childcare setting or at school.
- Dog Owners: If a dog bites your child, the dog’s owner is usually responsible. They have a duty to control their pet.
- Doctors, Nurses, Hospitals: In cases of medical malpractice or birth injuries, the medical professionals or facilities whose mistakes caused harm.
- Even Other Adults: Any adult who was supervising your child and acted carelessly, leading to an injury.
Sometimes, there might be more than one person or company responsible. We investigate very carefully. We find everyone who should be held accountable. It’s essential to get it right.
What Evidence Do We Need to Win Your Child’s Injury Case?
To win a case, you need strong evidence. Think of it like building a house. You need good bricks. You need a strong foundation. For a legal case, the evidence is our bricks. It’s how we prove what happened.
- Medical Records (Very Important!): These are almost always a key piece of evidence. They are incredibly important. They show what happened to your child’s body. They tell their diagnosis. They show their treatment. They explain how they are recovering. We need all of them: hospital records, doctor’s notes, therapy records, lab results, X-rays, MRIs, scans. Medical records are a significant component of any child injury claim, as they provide evidence of the injury’s existence, cause, and severity. Medical records help demonstrate the injury because serious injuries often require medical treatment.
- Accident Reports & Police Reports: If the injury involved a car accident, a fall on public property, or a police investigation, these reports give key details about what happened. They often contain important information, such as who was involved, what the police observed, and sometimes the names of witnesses.
- Witness Statements: These are the words of people who witnessed the accident. Their accounts can be very powerful. What they saw or heard can make a massive difference in understanding the truth.
- Photos & Videos: Pictures of the accident scene (if it’s safe to take them). Pictures of your child’s injuries (from when they happened, as they heal, and even now). Pictures of the dangerous product. Pictures of the unsafe property. Videos are even better because they show things moving! Visual evidence can be incredibly helpful and persuasive.
- Surveillance Footage: Sometimes, cameras are watching! Stores, buildings, or even streetlights might have cameras that record what happened. We work very hard to get this footage because it can be powerful, undeniable evidence.
- Expert Witnesses: These are highly trained professionals. They don’t just guess. They utilize their knowledge to help us understand complex aspects of the case. They help us prove what happened and why it matters.
- Medical Experts: These are doctors, nurses, or other medical specialists. They help us understand your child’s injuries. They explain how those injuries happened. They inform us about the type of long-term care that will be required. They help prove what the responsible party did wrong medically. They are key.
- Accident Reconstructionists: These experts are like detectives for accidents. They can determine exactly how a complex accident occurred, especially in large car crashes or falls. They use science to put the pieces together.
- Life Care Planners: These experts are crucial for individuals with severe and life-altering injuries. They look at everything your child will need for the rest of their life. This includes ongoing medical care, therapies, special equipment (such as wheelchairs or braces), modifications to your home (like ramps), and any personal assistance they may need. They put a dollar amount on all these future needs.
- Economists: These experts help calculate the total financial impact of the injury. This includes how much money your child might not be able to earn in the future if their injury affects their ability to work as an adult. They make sure we don’t miss any costs.
Gathering all this evidence is a tremendous job. It’s detailed work. It takes time. And, it takes knowing what to look for. It’s something we do for you. We handle all the complex parts.
