We are aware that a parent’s primordial goal is keeping them safe from any type of impending danger. Despite that truth, a child’s essence is set to explore, play, and learn. While our children grow and play, accidents can occur at any given moment leaving us helpless and confused. According to the Center for Disease Control (CDC), one out of five child deaths is due to preventable personal injuries. Children are vulnerable individuals that do not possess the mental or physical strength to protect themselves when faced with dangerous situations.
Various circumstantial events can define the type of child-related injuries and legally, terms such as premises liability, personal injuries, and product liabilities will affect your claim for legal or monetary compensation. Therefore, when your child suffers any type of personal injury, you need to be represented by a competent legal professional that will protect your child’s rights. Stay tuned for a detailed account of the benefits of hiring a personal injury attorney.
Types Of Child Related Injuries
- As mentioned before, children are most at risk because of their size, innocence, and nature. For that reason, motor vehicle accidents cause a lot of damage to children every year. This includes instances of driver negligence committing hit and runs, or fatalities due to defective seat belts throughout the car ride.
- Swimming pool-related injuries are a leading cause of wrongful childrens’ accidents, at times resulting from broken bones to even death. It is important that you are aware of the rights you’re entitled to, since property owners may look to undermine your claim. Individuals that are in charge of public pools for example, will try to use the “swim at your own risk” line to diminish your damages. Do not let them do that, your child still has certain rights and the need to be respected. Hiring a legal expert will circumnavigate you across these false accusations.
- Child poisoning is an unfortunate reality that leaves the victim with lifelong repercussions, and even death. The offending party may have contributed to the accident on the pretense of leaving things like hazardous chemicals in reach of the child. At times, many incidents occur due to paint poisoning. Toddlers may ingest wet paint because they simply do not know any better, but the legal issue stems from the failure to take the necessary precautions in avoiding such instances. Even more, there always needs to be a sign informing the public of the impending danger. If this is not available, you are entitled to compensation immediately.
- Injuries caused by falls tend to occur because the party at fault has failed to maintain a securitized environment for the child. Places like businesses and schools need to meet the necessary safety codes so that personal injuries of this nature do not occur. For that reason, if a personal injury attorney finds negligence in this area, your child is entitled to rightful compensation.
- Fire accidents can ignite themselves in the blink of an eye. Children are thus more vulnerable in comparison to any other age group because they lack the mental and physical stamina needed to reach immediate safety by themselves.
- Birth-related injuries caused by medical malpractice may not only affect your child but also your own well-being when giving birth. If proven that the people in charge of your child’s birth did not act accordingly, the damages to both of you could be monumental. You need an experienced attorney to take care of all the legal complexities of your claim, while you recuperate from your physical damages.
Reasons for Legal Representation
The aftermath of child-related personal injury portrays perhaps one of the most complex legal battles around. A mere child cannot file a claim by himself or herself since the legal age has to be 18 years to do so. For that reason, the parent or legal guardian has to file the claim on behalf of the child. It is important to do all the paperwork with an experienced attorney, so that a just reparation can be delivered to your child. If the accident affects your child’s quality of life for the rest of his or her life, the attorney will make sure the compensation covers future medical bills. Also, it is common that a trust is created to make sure your child does not suffer financial burdens if the injury leads to a lifelong disability.
Proving a case of negligence resulting in the harm, injury, or death of your child is something that you cannot do alone. These are intricate legal obstacles that only a trained legal expert is able to decipher. Your job is to explain the incident to the attorney, so that he or she may begin an investigation. Within that process, there will be a collection of evidence and key witnesses, in hopes of building a case that deduces negligence by those at fault. If the claim is labeled as medical malpractice, it must be proven that the healthcare practitioner knowingly failed to adequately perform his task with the same skill that another colleague would carry out correctly. Similarly, if the injury is due to a car accident, it must be proven that the person at fault failed to operate safely in the same conditions that everybody else was driving in.
Claim Time Frame
It is imperative that you are also informed correctly of the time limit you have to formally state your claim after your child’s injury. The time frame of this matter is called the “statute of limitations.” It defines the period of time you, as a legal guardian, have to announce a claim before it becomes legally unviable. In other words, before you run out of time. The issue is that statutes of limitations can vary depending on the accident and injury. For that reason, it is crucial that a personal injury attorney advises and walks you through the whole process, so that you do not lose any valuable time. Be advised that when it comes to wrongful death outcomes, legal guardians only have two years to file a claim.
We are certain that you are now more educated on the complexities of child-related injuries, alongside their legal repercussions. You must understand that you cannot embark on this journey alone, you need to be guided by a competent and experienced professional throughout this whole painstaking process. For that reason, we urge you to call the offices of Scott J. Senft the Lawyer, with locations in Dania Beach and Boca Raton. Scott J. Senft, alongside his expert attorneys, will vehemently fight for your child’s rights so that your family can receive the compensation you deserve. Don’t hesitate and call us now!