Bumps, scrapes, and bruises are a natural part of childhood. Kids fall down, fall off their bike, run into objects, and otherwise bang themselves up on a regular basis. But it is a totally different matter when a child sustains a serious injury that results from another party’s carelessness or willful misconduct. In these types of situations — when your child is suffering harm that could have been prevented and that someone is to blame for — it is hard not to be overwhelmed by anger and a sense of injustice.
Nothing affects a parent more than one of their children getting seriously hurt. When your child sustains injuries that are severe enough to rush to urgent care or the ER or to be hospitalized, getting him or her the care s/he needs is top priority. At the first available opportunity, you should also look into your legal options. You might be entitled to file a child injury claim and obtain compensation for injury-related expenses.
Do I qualify to file a claim for my child’s injuries?
The crux of all injury claims, for both children and adults, is what is referred to in personal injury law as “negligence.” Negligence simply means a party’s failure to act in a reasonably safe way so as not to cause others harm. It means adhering to the appropriate standard of care and not putting others at excessive or unreasonable risk of injury.
To have a valid child injury claim for which you can pursue restitution, you must be able to establish four elements:
Duty of care: The party you are filling against (the defendant) must have owed your child a duty of care. If your child was under another person’s care when the accident occurred, such as at a daycare or school, that facility owes your child a duty of care. Doctors owe patients a duty of care, just like toy manufacturers owe consumers a duty of care.
Breach of duty: The defendant must have somehow fallen short of her duty of care, i.e., acted negligently. A daycare worker not supervising a child who climbs to the top of an unsecured bookshelf, a doctor failing to order appropriate medical tests, and a manufacturer selling defective toys are all examples of breaches of duty.
Causation: Your child’s injuries must have been caused by the defendant’s negligence, i.e., your child would not have been injured if it were not for the defendant’s negligence. If the defendant was careless but your child’s injuries were unrelated, then you have no basis for a claim. Your attorney can use evidence and testimonies from witnesses and experts to help prove causation.
Damages: Your child must have sustained actual harm that is compensable with damages. Medical files, psychological reports, etc. are usually sufficient to prove damages.
To determine if your child’s injury qualifies for compensation, call 800-747-3733.
What kinds of unique challenges are involved in child injury cases?
Child injury cases can be especially challenging because there are dozens of factors that may arise and complicate matters. Below are just a few complexities that may be involved:
- School accidents: If your child was injured at school or on the bus, special rules apply because, like all public entities, public schools are partially shielded from liability.
- Medical mistakes: Child medical malpractice cases and birth injuries require extensive testimony from independent specialists.
- Intentional harm: When abuse, bullying, or other intentional acts caused your child harm, there may be two, separate ongoing cases — a criminal case and a civil case.
- Shared fault: When a victim partially contributes to her injuries, her degree of fault reduces her potential damages. This is called contributory negligence. With kids, the rules for contributory negligence are more complex because kids are not capable of the same degree of reasoning that adults are. For example, a child injured trespassing might still be entitled to compensation, depending on her age.
- Future damages: When insurers or courts award injured victims with damages, the victim’s future medical, disability, and other needs are factored into the final settlement or verdict. It is harder to establish future damages for young children who have yet to work or even begun to live up to their potential.
Our caring, qualified injury attorneys at the Law Firm of Anidjar & Levine know how to navigate child injury cases effectively. We can assist with all aspects of your case and help you pursue the maximum amount of compensation — and the justice — that you and your child deserve. Contact us today for more information.
What types of child injury cases does the Law Firm of Anidjar & Levine handle?
The attorneys and support staff at our firm are passionate about helping families with their legal needs when injury strikes. We can assist with all types of injury cases involving children, such as:
- Playground injuries
- Daycare and caregiver abuse and neglect
- Defective toy and equipment injuries
- Auto accidents
- Labor and delivery injuries
- Dangerous medicines
- Medical errors
- Swimming pool accidents
- Dangerous public areas
- Pedestrian, bicycle, scooter, hoverboard, and skateboard accidents
- Dog bites and animal attacks
- Wrongful death
What is the value of my child’s injury claim?
The value of a claim for your child’s injuries depends on the severity of the injuries and the current and future ramifications and expenses. No two cases are the same. Begin gathering all bills, paperwork, receipts, and medical files related to your child’s injuries and share with your lawyer.
After identifying liability, we will calculate the total value of your case and take the necessary steps to begin the claims process. We will file a claim with the appropriate insurance company and demand full and fair compensation. And if we receive an insufficient offer, we will negotiate for more or take the case to court if need be.
Our determined team at the Law Firm of Anidjar & Levine will do everything in our means to fight for the best possible outcome for your family. Call us today at 800-747-3733 for a free consultation.