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What Does “Negligence” Mean in a Child Injury Case?

Understanding Negligence: The Core of Your Child’s Injury Case

When your child gets hurt, it’s a feeling that stops you cold. Your heart sinks. You worry. And in that moment of chaos and fear, you might also be asking, “How did this happen? Whose fault was this?” You know your child wasn’t just clumsy; something went wrong. This is where the legal idea of “negligence” comes in. At Child & Birth Injury Lawyers, our firm has spent decades helping families nationwide navigate these incredibly tough times. We understand that “negligence” isn’t about someone trying to hurt your child on purpose. Instead, it’s about carelessness, a failure to act with reasonable caution, or a mistake that could have been prevented. It’s a crucial concept to understand because it’s often the foundation of protecting your child’s future after an injury.

The Core Idea: A “Duty of Care”

Think of it like this: in our daily lives, most people and businesses have a “duty of care.” This means they have a legal responsibility to act safely and carefully to prevent harm to others, especially children, who are more vulnerable and may not recognize dangers. For example:
  • A driver has a duty to pay attention to the road, obey traffic laws, and drive safely.
  • A playground owner (whether it’s a city, a school, or a private business) has a duty to regularly inspect equipment and make sure it’s safe and well-maintained.
  • A toy maker has a duty to design and produce safe toys, free from choking hazards or dangerous defects, and to provide clear warnings.
  • A property owner has a duty to keep their property safe for visitors, addressing hazards like slippery floors, broken stairs, or unsecured items.
  • A medical professional has a duty to provide care that meets accepted medical standards.

When That Duty is Broken: The “Failure to Be Careful”

Negligence happens when someone fails in this “duty of care” – when they don’t act as a reasonably careful person would in a similar situation. And that failure directly causes your child to get hurt. It’s not always an intentional act, but a lapse in judgment or attention that has devastating consequences. Imagine:
  • A distracted driver looking at their phone instead of the road, causing a car accident.
  • A broken swing set at a public park that wasn’t fixed for weeks, leading to a child’s fall and injury.
  • A toy with tiny parts that come off easily, causing a choking hazard, because the manufacturer didn’t test it properly or ignored safety warnings.
  • A dog owner who didn’t keep their aggressive pet on a leash or behind a secure fence, leading to a bite.
  • A daycare worker failing to supervise children adequately, resulting in a child wandering off or getting hurt.
  • A medical professional making a crucial, preventable error during a child’s birth or treatment.

In each of these examples, someone’s mistake – their negligence – led directly to a child’s injury.

The Four Building Blocks of a Negligence Case

To successfully bring the best child injury claim and get your child the compensation they deserve, we need to prove four key things. Think of them as the four essential “building blocks” of a negligence case:

  1. Duty: We must show that the person or entity responsible had a legal duty to act carefully towards your child (as explained above).
  2. Breach of Duty: We then prove that they failed to uphold that duty. They “breached” it by being careless or making a mistake.
  3. Causation: This is crucial. We must show that the breach of duty directly caused your child’s injury. There must be a clear, unbroken link between their carelessness and the harm suffered.
  4. Damages: Finally, we demonstrate that your child suffered actual harm or losses because of the injury. This may include immediate medical bills, pain and suffering, emotional distress, lost parental income, and future care needs.

Proving all four of these “building blocks” can be incredibly complex. It often involves gathering detailed evidence, reviewing medical records, and consulting with specialized experts in fields like accident reconstruction, engineering, or medicine. This is not something a parent should have to figure out while also trying to care for an injured child.

Why Proving Negligence Matters: Your Child’s Future

Understanding and successfully proving negligence isn’t just about legal definitions; it’s the fundamental and best step in getting your child the justice and comprehensive support they need for their lifetime. When we successfully prove negligence, it means we can hold the responsible parties accountable for their actions. This is how our firm secures the vital compensation necessary to cover:

  • Your child’s immediate and long-term medical care
  • Ongoing therapies and rehabilitation
  • Specialized equipment and home modifications
  • Lost parental income due to caregiving
  • The child’s pain, suffering, emotional distress, and loss of enjoyment of life
  • Their future needs and opportunities, ensuring they have the resources for a fulfilling life.

At Child & Birth Injury Lawyers, our national team has decades of experience meticulously investigating child injury cases to prove negligence. We understand the specific laws and precedents that apply to child injury cases, and we know how to connect the dots between carelessness and devastating injury. We are here to fight for your child’s rights and ensure that their future is protected. If your child has been injured due to someone else’s mistake, please do not hesitate to contact us.

Your Child’s Future: Our Pledge to Your Family

Seeing your child hurt is a parent’s worst nightmare. The pain, the worry, the uncertainty about their future – it’s an overwhelming burden. But in that moment of crisis, remember this: you are not alone, and help is available.

Child & Birth Injury Lawyers understand the profound impact a serious injury has, not just on a child but on the entire family. We’ve seen the silent suffering, the financial strain, and the desperate need for answers and support.

We believe that every child deserves a chance at a full and happy life, even after a devastating injury caused by someone else’s mistake. We believe those responsible should be held accountable. And we believe that families should never have to bear the crushing costs of catastrophic injuries on their own.

Our commitment is straightforward: we provide compassionate support, combined with tenacious and knowledgeable legal advocacy. We will thoroughly investigate every detail, gather all relevant evidence, and fight tirelessly to secure the maximum compensation your child needs for their lifetime of care, recovery, and future well-being. We work on a contingency fee basis, meaning you pay no upfront legal fees, and we only get paid if we win your case. Your child’s access to justice should never be limited by your family’s finances.

The statistics are clear: child injuries are sadly common, and often preventable, and their costs can be astronomical. The legal process can be daunting, but with the right advocate by your side, it becomes a path to hope, healing, and justice.

Time is a factor. Evidence can disappear. Memories can fade. Laws like the statute of limitations, while sometimes giving more time for minors, still make early action crucial. Protecting your child’s rights and securing their future starts with one simple, powerful step.

Don’t let worry or confusion keep you from getting the help your child deserves. Don’t carry this burden by yourself.

Take the first step. Call The Child & Birth Injury Lawyers today for a free, confidential consultation. We are ready to listen. We are ready to fight.

Your child’s future is worth fighting for. Let us be their champion.

NATIONALLY RECOGNIZED

Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.
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We know what parents want to know.

Okay, this is the most important first step! First, ensure your child’s safety. Then, get them medical help right away! This means calling 911, taking them to the emergency room, or consulting their doctor. Even if they say they’re “fine,” some injuries, like brain injuries, can be hidden. Getting medical help quickly is super important for their health. It also creates official records of their injury. After that, take pictures of where they were hurt and any resulting injuries. Write down what happened and who was there. Then, call Jeff Killino and the team at Child & Birth Injury Lawyers. Don’t talk to anyone else’s insurance company yet!

This is a great question, and it’s a big worry for many parents. But here’s the good news: You don’t pay us anything upfront! Child & Birth Injury Lawyers operate on a contingency fee basis. This means:

  • You pay no money to start your case.
  • We only get paid if we win your case, either through a settlement or a court decision.
  • Our payment is then a percentage of the money we get for your child. So, you can get top-notch legal help without adding more money worries. You can focus on your child. Contact Jeff Killino and the team at Child & Birth Injury Lawyers to discuss your child’s case at no cost.

Every case is different! Some simple cases with minor injuries might get settled in a few months. But cases involving serious injuries, especially if they affect a child’s brain or mean they need care for a long time, can take one to several years. Sometimes, it takes longer because we need to wait to see how your child truly heals. We need to know what their future needs will be. Our primary goal is always to ensure your child receives the full and fair compensation they need, not just a quick payment. We won’t rush a case if it means not getting your child everything they need for their whole life.

Many parents worry about this. However, the truth is that it’s unlikely your child will have to attend a full trial in court. Most child injury cases (approximately 95% of personal injury cases) are generally settled outside of court. This means we work out a deal with the other side’s insurance company or lawyers. If your child is very young, they almost certainly won’t have to go. If they are older, they might be asked to give a “deposition.” That’s when they answer questions under oath with a lawyer present, but it typically occurs in an office, not a courtroom. We prepare children very carefully for this. Our goal is to protect your child from more stress.

When your child is hurt, “damages” is the legal word for the money they can get to cover all their losses and suffering. For a child, this amount can be very large indeed. Why? Because their injury impacts their entire life. Not just today, but for many, many years to come. This money covers things like:

  • Past & Future Medical Bills: All hospital stays, doctor visits, surgeries, and medicines. All the medical care your child will need for the rest of their life. For severe injuries, these costs can be millions of dollars.

  • Pain & Suffering: For your child’s physical pain, emotional distress, fear, and how the injury changes their daily life.

  • Lost Earning Power: If the injury stops your child from working or earning money as an adult.

  • Special Equipment & Home Modifications: Funding for wheelchairs, home ramps, or specialized vans.

  • Therapies & Special Education: For physical therapy, speech therapy, counseling, or tutors.

  • Loss of Enjoyment of Life: For hobbies, sports, and fun they miss out on. We fight for every single one of these costs. Call Jeff Killino and the team at Child & Birth Injury Lawyers to talk about what money your child might deserve.

This is a common question, especially when kids are playing. The law understands that children are not adults. They don’t always understand danger in the same way. Many jurisdictions have rules that state a child’s “fault” depends on their age and level of understanding. A 5-year-old might not be judged the same way as a 15-year-old. Even if your child was partly at fault, you might still be able to be compensated for your injury. The amount could be reduced, though. It’s very important to discuss this with our Child & Birth Injury Lawyers who know child injury law. Don’t assume you can’t get help.

If the person who caused the injury (such as a driver or homeowner) doesn’t have insurance, it can make obtaining compensation more difficult. However, there might be other ways. Sometimes, other individuals or organizations may also be responsible. We will explore all possible ways to provide your child with money. Please contact our team at Child & Birth Injury Lawyers so we can explore all available options.

This is a significant concern for families, as bills can accumulate quickly. Often, your family’s health insurance, whether private, Medicaid, or CHIP, will cover initial medical bills. We will work with you to understand your options and try to make sure your child gets the medical care they need without you having to pay everything out of pocket right away. Money for medical bills is usually sought as part of the total lawsuit settlement.

Parents trust schools and daycares to keep children safe. When a child gets hurt there, it’s often because of negligent supervision (not enough adults watching, or adults not paying attention), unsafe equipment, or unsafe places. Schools and daycares have a legal duty to provide a safe environment. If they fail in that duty, they can be held responsible. For instance, a significant percentage of daycare facilities are cited for violations related to inadequate supervision annually. We can investigate what happened and whether the school or daycare was careless. Call Jeff Killino and the team at Child & Birth Injury Lawyers to discuss what happened at school or daycare.

We buy toys and products thinking they are safe. But sometimes, they are made with hidden dangers, or they break easily. This is referred to as a “defective product.” If a toy breaks and causes a child to choke, or a dresser falls over and hurts a child, the company that made or sold that product can be held responsible. This falls under an area of law known as “product liability.” Companies have a duty to make safe products. Contact Jeff Killino and the team at Child & Birth Injury Lawyers if a defective product injures your child.

Dog bites can be scary and cause serious injuries, especially to children’s faces. The dog owner is often responsible if their dog bites your child, especially if they knew their dog was aggressive or failed to control it. Children are the most common victims of dog bites, and over half of dog bite injuries in children occur on the head and neck. These injuries can leave lasting physical and emotional scars. We can help you hold the dog owner responsible.

This is a very, very critical point: there are time limits for filing lawsuits. These are referred to as “Statutes of Limitations.” If you wait too long, you could lose your right to bring a claim, no matter how strong your case is. It’s like a deadline. Acting early is ALWAYS critical! Evidence can get lost, and memories can fade. Therefore, please contact Jeff Killino and the team at Child & Birth Injury Lawyers immediately.

The legal system is very complicated. Insurance companies employ numerous lawyers. They do not work for you. They work to pay out as little money as possible. Our experienced child injury lawyers can protect your child’s rights. We know the laws. We know how to gather evidence. We know how to communicate effectively with insurance companies. We fight to ensure your child receives the full amount of money they need, not just what the insurance company is willing to offer. We understand the long-term impacts of child injuries, which often require millions in lifetime care. We can get you that justice.

Brain injuries, even “mild” concussions, are incredibly serious for children because their brains are still growing. A serious brain injury can affect a child’s learning, walking, talking, and behavior for their whole life. These cases are extremely complex and expensive. The lifetime cost of care for a child with a severe brain injury can easily reach $3 million to $ 50 million. You need a lawyer who understands brain injuries deeply, knows the medical experts, and can fight for this lifelong care. Jeff Killino and the team at Child & Birth Injury Lawyers handle these very complex cases.

This is when a doctor, nurse, or hospital makes a careless mistake that hurts your child. It could occur during birth or at any time a child receives medical care. These cases are extremely difficult to win because medical professionals have certain advantages in litigation. You need a lawyer who is thoroughly familiar with medical law. For example, pediatric patients are three times more likely to experience a medication error compared to adults. Jeff Killino and the team at Child & Birth Injury Lawyers have specific experience in medical malpractice and birth injury cases. We know how to identify and correct those mistakes.

To build a strong case, we need a substantial amount of evidence. A significant part of the case includes all your child’s medical records, such as hospital notes, doctor visits, therapy reports, X-rays, and MRI scans. Also, any photos or videos of the accident scene, your child’s injuries, or the dangerous item. We also need accident reports (police reports), and names and contact info for any witnesses who saw what happened. Don’t worry if you don’t have everything; we will help gather it all.

Car accidents are a leading cause of injury and death for children. If your child was hurt in a car crash, whether they were a passenger, on a bike, or walking, and another driver was at fault, we can help. Drivers have a duty to be careful. If they were speeding, texting, or distracted, they can be held responsible. We investigate crashes very carefully. We fight for children hurt in these crashes.

Property owners have a duty to maintain the safety of their land and buildings. If your child was hurt because of a dangerous condition on someone else’s property – like a broken railing, a slippery floor, an unfenced pool, or a dangerous playground – the owner might be responsible. This is called “premises liability.” Even if your child wasn’t supposed to be there, special rules known as “attractive nuisance” may protect children. We investigate all these situations.

This is the most challenging type of case, but it’s essential to know that legal assistance is available. When a child is harmed by neglect (lack of care) or abuse (intentional harm) by someone who should protect them, they can pursue a civil lawsuit. This is separate from any police investigation. These cases seek money for the deep physical and emotional scars caused. In a single year, over 600,000 children are confirmed victims of child abuse and neglect in the U.S.. We help families find justice when this unthinkable betrayal happens.

This is the most tragic situation imaginable. If your child passes away due to someone else’s carelessness or wrongdoing, it’s called a “wrongful death.” While no amount of money can ever bring your child back, a wrongful death claim seeks to hold the responsible parties accountable. It can provide financial support for funeral expenses, medical bills incurred before death, and compensation for your family’s profound emotional suffering and loss. Jeff Killino and the team at Child & Birth Injury Lawyers handle these heartbreaking cases with immense compassion and understanding.

We hope these answers help you understand your options and your rights. When your child is injured, it’s a terrifying time. But you don’t have to face it alone. My team and I at Child & Birth Injury Lawyers are here to fight for your child’s future.

Please, call our Child and Birth injury team today for a free, confidential consultation. We are ready to listen. We are ready to fight.

Common Questions

Birth injuries are actually more frequent than most people realize. The widespread idea that they’re isolated incidents is a misconception. In the U.S., approximately 7 out of every 1,000 births result in a documented injury during delivery. While that might sound like a small number, it translates into thousands of families impacted every year nationwide. A thorough awareness of these numbers is the best way to approach prevention and finding the right solutions for affected children.

It’s often challenging to find the best way to discuss such a painful topic openly. The silence around birth injuries is complex because no one wants to imagine harm coming to a newborn. There can also be a fear of blame for affected families, and sometimes a natural reluctance from parts of the medical community to openly discuss adverse outcomes. Our society’s tendency to focus on the joy of birth, though natural, can sometimes push the harder realities aside. For effective progress, open acknowledgment and a focus on prevention are the best path forward.

Among the most serious brain injuries a child can suffer during birth are Hypoxic-Ischemic Encephalopathy (HIE) and Neonatal Encephalopathy (NE). HIE happens when a baby’s brain doesn’t get enough oxygen or blood flow, often during labor. It occurs in 1 to 3 out of every 1,000 live births in developed countries and is a leading cause of conditions like cerebral palsy. Tragically, up to 60% of infants with severe HIE face profound disabilities or may not survive past age 2. These injuries underscore how critical prompt and correct medical action is during delivery; ensuring the best possible care in those moments can make all the difference.

Yes, it absolutely can. A cephalohematoma, which is bleeding under the baby’s scalp, occurs in about 2.5% of long, difficult vaginal deliveries. What’s truly concerning is that as many as 1 in 4 babies (25%) with a cephalohematoma also have an underlying skull fracture. While many cephalohematomas often resolve on their own, finding one can be a significant warning sign that excessive force was used during delivery. Always ensuring the best monitoring and follow-up is crucial, as even seemingly minor head injuries can have bigger implications for a child’s long-term well-being.

This is a challenging aspect, as some birth injuries occur unexpectedly. For instance, more than half (54%) of neonatal brachial plexus palsy cases happen without any recognized risk factors during pregnancy or delivery. Brachial plexus palsy is an injury to nerves in a baby’s neck and shoulder, causing weakness or paralysis. The fact that over half these cases occur without warning means that even in seemingly normal, low-risk deliveries, vigilance and correct medical technique are paramount. For the best understanding, open conversation and meticulous investigation are crucial to understanding why such injuries appear, even when initial signs are absent.

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