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Child and
Birth Injury
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Trusted Nationwide Child Injury Lawyers

When a child is injured due to unintentional injury (an accident or negligence), parents and healthcare professionals are needed to help support the recovery of the young life. Sadly, a child’s recovery due to injury may take significant time and financial investment. In other cases the consequences of the child’s injury may cause permanent disabilities that change forever opportunities and education and independence of the child. An injured child requiring full-time care can impact parents’ ability to go to work. Parents often incur financial losses, modify their home, pay for medical treatments, daily medications and future care for the child. Such issues and concerns can be emotionally daunting and financially devastating. Click to read more.

If an injury is so severe the child passes, a family’s grief is unimaginable. Attorney Jeffrey Killino understands there is no excuse for the negligent actions or inactions that cause a child to suffer. Killino and his child injury team know it is heartbreaking to see your child in pain; they understand that you are consumed with grief and maybe even guilt. We can help your family through such a shattering, life-altering event and guide you through every step to hold each responsible party accountable for their negligence.

How Children Are Injured—Leading Causes

Injuries are a major source of childhood emergency department and hospital admissions. The most recent accident statistics from the National Safety Council, the National Center for Injury Prevention and Control, and other sources tell us the following:

  • All child accidents are preventable, and all of them can lead to serious child injuries. According to the to the Centers for Disease Control (CDC), injury is the leading cause of death in children and young adults.
  • Approximately 12,000 children and young adults, ages 1 to 19 years, die from unintentional injuries each year.
  • About 2,000 children ages 14 and under die each year as a result of a home injury.
  • Most injuries occur in “safe” environments. Primarily fire and burns, suffocation, drowning, firearms, falls, choking, and poisoning cause unintentional home injury deaths.

The most common causes of child injuries are motor vehicle accidents, choking, drowning and falls. Defective products, from toys to sleepers to car seats, can also cause severe injuries. Sadly, Children are easy targets for neglect and abuse, and none are as vulnerable as foster kids.  Neglect also happens in daycare.

A “struck by” injury — caused by forcible contact or impact between the injured person and an object or piece of equipment—surprisingly is the second or third leading cause of emergency room visits for children.

Pediatric malpractice occurs when a pediatrician fails to provide a reasonable standard of care to your child. For instance, if your pediatrician failed to properly diagnose your child’s illness, or delayed a diagnosis, and the failure was a result of the pediatrician’s negligence, the pediatrician may be liable for the injuries sustained by your child as a result of the misdiagnosis.

Child Injuries and Negligence

You are right to want to hold that person accountable for your child’s accidental injury or death. You are also right to seek compensation for all losses caused by your child’s injury or wrongful death by working with a skilled child injury attorney. Child injury lawyer and child advocate Jeffrey Killino protects child’s legal rights.

Attorney Jeffrey Killino and his team understand the need to preserve evidence and investigate the cause of your child’s injury, and the need to deal with insurance companies or corporations. The child injury team can help you set up a trust fund to pay for all future health care expenses ( and cover the past expenses too); set up a fund to compensate for the pain and disruption you child has suffered and above all to get justice for your child. We must prevent other children from being injured by this type of accident again or.

Types of Child Injuries

All child accidents are preventable, and all of them can lead to serious child injuries. There are a multitude of child injuries ranging in severity. Some of the types of child injuries that could occur are:

Suffocation

Besides motor vehicle accidents, highest death rates are suffocation for children less than one year. Airway obstruction injury (suffocation) is the leading cause of unintentional injury-related death among infants under age 1. Suffocation is remarkably common because of the varied and unexpected number of common household objects that pose a threat to young and curious children. These numbers could be greatly reduced, however, through safely designed products and warning labels.

Drowning

Drowning is the leading cause of unintentional injury-related death among children ages 1 to 4 and one of the leading causes of injury-related deaths in children (known as fatal drowning).  The majority of drownings and near-drownings occur in residential swimming pools and in open water sites.  However, children can drown in as little as one inch of water.

Most children who survive a drowning accident often face lifelong catastrophic injuries. Non-fatal child drowning injuries include:

  • Coma
  • Seizures
  • Brain Injuries
  • Cognitive Changes
  • Personality Changes
  • Hemiparesis

Choking

Thankfully, most choking incidents are handled quickly and efficiently. Sadly, this cannot be the case every time. A certain percentage of childhood choking victims do not survive their injuries. Even those who do survive may face terrible consequences, including brain damage from lack of oxygen. Choking on children’s toys and other children’s products is the leading cause of death among youngsters.  Even when children are eating food they are at a high risk for choking incidents.

Brain injuries – TBI

Child brain injury is the leading cause of death and disability in the U.S.  Even more devastating, many child brain injuries go undiagnosed, sometimes for years. Symptoms of a brain injury in children are similar to those experienced by adults, but the functional impact can be very different. The cognitive impairments of children with brain injury may not be immediately obvious after the injury, but may become apparent as the child gets older.

Brain injuries at birth may occur as a result of medical negligence during any stage of a woman’s pregnancy.

Because child brain injuries are often complex, a child can experience a range of symptoms after a traumatic birth injury, slip and fall, sports injury, vehicle accident or any other serious accident. The American Academy of Pediatrics  (AAP) recommends that parents contact their child’s healthcare provider for advice for anything more than a light bump on the head.

The most common causes of child and adolescent head injuries are falls, motor vehicle crashes, pedestrian and bicycle accidents, sports-related trauma, and child abuse. Falls accounted for almost half of all TBI-related emergency department visits, followed by being struck by or against an object. Horrifically, homicide was the leading cause of TBI- related death for children ages 0-4 years.

Broken bones

A broken bone, also called a fracture, is when a break goes through part or all of a bone.

Falls cause most of the fractures in kids, but the most serious bone breaks usually result from car crashes. Accidents are the most common reason for toddler fractures. Even babies who aren’t so mobile can break bones when they fall off a high spot, like a changing table or your bed. Thankfully many broken bones in children aren’t serious because a baby’s or toddler’s bones are more flexible than an adult’s and they actually don’t break as easily (they tend to bend or buckle instead).

Types of bone fractures include:

Amputations

Pediatric traumatic limb amputations are rare and their acute and long term management can be challenging. Traumatic limb amputations are serious injuries that can result in prolonged hospital stays, disability and psychological consequences for a child amputee. And the recovery can be complicated, leading to problems including depression, confusion, problems with everyday activities, phantom limb sensations and pain, all of which affect their future.

Fingers account for majority of pediatric amputations: among children 4-years-old and younger, amputations resulting from being caught in or between objects were the most common, and more than 80 percent of these injuries involved a finger or thumb.

Dog Bites

Children are more likely than adults to be bitten on the face, neck, or head, which can result in disfigurement, scarring and trauma. The AAP say that most reconstructive surgeries required as a result of dog bites are performed on children. Some experts predicted that half of all children will suffer a dog-bite injury before they graduate from high school.

Burns

Burns are severely painful and can lead to many medical complications. The AAP advises parents to seek medical attention for a child who has suffered anything more than a minor burn. Our team of child burn injury attorneys can help you with a case involving any kind of burn, including the following:

Young children are especially vulnerable to burn injury outcomes such as

  • Nerve damage
  • Scarring or disfigurement
  • Infection
  • Loss of limb

Lacerations and scars

A laceration is tear or opening in the skin caused by an injury. Lacerations may be small and need only minor treatment at home, or may be large enough to require emergency medical care. Lacerations that involve the face, are longer than 1/2 inch, are deep, or are bleeding heavily, may require stitches.

Facial lacerations produce a lot of anguish for both children and their parents. But there is good news: the majority of facial lacerations heal very well and become good stories. A scar is the pale pink, brown, or silvery patch of skin that grows in the place where you once had a cut, scrape, or sore. Most people have scars because a lot of injuries leave behind scars. Again, scars can make good stories. But a permanent scar can be devastating and children may need multiple plastic surgeries particularly for keloid scars and that is still no guarantee. And long-term psychological consequences are serious. Parents should consult with a pediatric plastic surgeon.

Eye injuries

Eye injuries are the most common preventable cause of blindness, according to KidsHealth.  Most minor eye irritations can be treated at home by flushing the eye with water, but more serious injuries need medical attention. So when in doubt, err on the side of caution and call 911.

Poisonings

Chemical poisoning can be caused by household products, medication errors, lead paint and mercury in toys and more. Lead poisoning of children has been so frequently detected that the AAP) and the CDC at one time recommended that all U.S. children between age one and two have their blood tested for the presence of lead. Our child poisoning injury lawyers can assist you if your child has been hurt by ingesting poisons such as:

Comas

Comas in children have many causes. Traumatic head injuries, which may be sustained when children use inadequate or defective equipment during sporting activities, when children are negligently supervised on playgrounds, or when children are victims of physical abuse, often lead to comas and permanent injuries. Other causes of comas in children include the following:

  • Seizures
  • Lack of oxygen (caused by non-fatal drowning or strangulation)
  • Brain infection
  • Surgical error

Paralysis

Children afflicted by paralysis will never again lead the lives they once enjoyed and very young children who sustain paralysis injuries will never have the opportunity to utilize the full functionality of their bodies. Injuries sustained at birth may prevent a child from moving parts of the child’s face or certain extremities.

Paralysis tragedies often result from avoidable incidents. For instance,

  • Medical negligence or poor supervision, such as a fall from a high area.
  • The use by a child of a defective product
  • Paralysis injuries can also result from the use of unsafe toys and other recreational equipment, such as the use of trampolines, which can cause brain and spinal injuries that result in paralysis

Birth Injury

Tragic birth injuries result from a number of issues and complications, some of which are related to medical negligence on the part of the acting physician. Cerebral Palsy is one such severe outcome. When medical personnel fail to provide adequate care to a mother and child during labor and delivery, they may be held legally responsible for any injuries or disabilities that occur as a result. Should medical personnel fail to respond to complications associated with any of the above conditions, such as bleeding or fetal distress, an innocent child may suffer serious injury or even death.

Attorney Jeffrey Killino  is not only an experienced lawyer, but a child advocate. When a child injury occurs, whether caused by negligence or a defective product, he has the know-how and resources to guide you through the legal process to get what you and your family are entitled to. If your son, daughter or children have suffered an injury, contact child injury attorney Jeffrey Killino today at 877-875-2927.

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Testimonials

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.

Life-Changing Financial Security

For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.

Ongoing Client Support and Protection

Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.

Caring for Clients and the Community

Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.

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Common Questions

A child injury encompasses any harm inflicted upon a minor (a person under the age of 18) due to the negligence, recklessness, or intentional actions of another person or entity. These injuries can be physical, emotional, or psychological and can occur in various settings, including homes, schools, playgrounds, daycare centers, hospitals, roadways or public spaces.

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.

Possibly. Schools have a duty to provide a safe environment. If negligence led to the injury, like inadequate supervision on the playground or a known hazard not being fixed, there could be grounds for a case.

Our firm, works on a contingency fee basis. This means:

  • No Upfront Fees: You don’t pay any attorney fees out of pocket.
  • Fees Based on Recovery: The lawyer’s fee is a percentage of the compensation they recover for you through a settlement or judgment.
  • No Fee if No Recovery: If the lawyer doesn’t win your case, you don’t owe them any attorney fees.

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:

  • Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention, even if the injury seems minor.
  • Report the Incident: If the injury occurred at a school, daycare center, or other facility, report the incident to the appropriate authorities.
  • Gather Information: If possible, document the scene with photos or videos. Obtain the names and contact information of any witnesses.
  • Preserve Evidence: Keep any relevant items, such as your child’s clothing or the object that caused the injury.
  • Contact Us: Consult with The Child and Birth Iinjury Lawyers as soon as possible to discuss your legal options and protect your child’s rights.
Child injuries can happen anywhere, but some common settings where negligence often plays a role include:
  • 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.

  • Roadways: Roadways can pose risks for child injuries due to negligent drivers, unsafe pedestrian crossings, or lack of traffic safety measures.

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.

Schools have a duty to provide a safe learning environment for students. If a child is injured due to bullying or harassment, and the school knew or should have known about the issue and failed to take appropriate action, the school might 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:

  • Settlement: Most child injury cases are resolved through settlement negotiations. This involves reaching an agreement with the defendant(s) and their insurance companies to pay a sum of money to compensate for the child’s injuries and losses.
  • Trial: If a settlement cannot be reached, the case may proceed to trial. During a trial, a judge or jury will hear evidence and arguments from both sides and decide whether the defendant(s) are liable for the child’s injuries. If liability is established, the judge or jury will also determine the amount of damages to be awarded.
  • Alternative Dispute Resolution (ADR): Some cases may be resolved through ADR methods, such as mediation or arbitration. These methods involve a neutral third party who helps the parties reach a resolution.

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:

  • Medical Professionals: Doctors, therapists, and other healthcare providers who can testify about the child’s injuries, treatment, prognosis, and long-term care needs.
  • Accident Reconstructionists: Experts who can analyze the accident scene and provide insights into how the injury occurred, who was at fault, and the contributing factors.
  • Child Psychologists: Experts who can assess the emotional and psychological impact of the injury on the child, as well as their future needs for therapy or counseling.
  • Economists: Experts who can calculate the financial losses associated with the child’s injury, including future medical expenses, lost earning capacity, and other economic damages.

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