Protecting the Rights of Injured Children: What Parents Need to Know
Children are naturally curious and adventurous, which sometimes leads to accidents and injuries. However, when a child's injury is caused by someone else's negligence—whether it's a reckless driver, unsafe playground, or a defective product—the consequences can be life-altering. As a parent, understanding your child's legal rights and taking the necessary steps to seek justice is essential.
Common Causes of Child Injuries
Childhood injuries happen in a variety of circumstances, but many are preventable.
Unfortunately, negligence by others can turn everyday activities into dangerous situations for
children. Some of the most common causes of injuries to children include:
1. Car Accidents
Car accidents are one of the leading causes of serious injuries and fatalities among children.
Whether a child is a passenger, pedestrian, or cyclist, even a minor accident can result in
severe injuries such as broken bones, head trauma, or internal injuries.
2. School and Playground Accidents
Schools and playgrounds should be safe places for children to learn and play, but inadequate
supervision, faulty equipment, or poorly maintained grounds can result in serious injuries,
including falls, fractures, and concussions.
3. Defective Products
Children’s toys, car seats, and other products are meant to protect or entertain children, but
defective or poorly designed items can cause harm. Products that pose choking hazards, toxic
materials, or mechanical malfunctions can lead to severe injuries or even death.
4. Swimming Pool Accidents
Swimming pools are common settings for childhood accidents, especially drowning or
near-drowning incidents. Lack of supervision, inadequate barriers, or poor pool maintenance are
often the causes of these tragic accidents.
5. Dog Bites
Children are at higher risk of being bitten by dogs due to their size and natural curiosity around
animals. Dog bites can result in painful injuries, disfigurement, and emotional trauma for
children.
6. Medical Malpractice
Pediatricians and other healthcare providers have a responsibility to provide children with the
highest standard of care. Medical errors, misdiagnosis, or negligence during childbirth can result
in serious, long-lasting health issues for children.
How to Recognize When Negligence is Involved
Not every accident is grounds for a personal injury claim, but many injuries to children could have been prevented if others had exercised proper care. Negligence occurs when an individual or entity fails to act reasonably to prevent harm to others. Some examples of negligence leading to child injuries include:
● A driver speeding through a school zone or failing to yield at a crosswalk.
● A daycare center failing to maintain safe play areas or properly supervise children.
● A product manufacturer failing to warn parents about the dangers of a toy or failing to issue a recall for defective products.
● A property owner neglecting to install proper safety barriers around a swimming pool.
If your child’s injury could have been avoided through proper care, you may be entitled to seek compensation for medical bills, pain and suffering, and other damages.
Legal Rights of Injured Children and Their Families
When a child is injured due to someone else's negligence, the child and their family have the right to pursue a personal injury claim. However, these cases can be more complex than those involving adults, as children cannot file lawsuits on their own. In most cases, a parent or legal guardian must file the claim on behalf of the child.
Key Considerations in Child Injury Cases:
● Statute of Limitations: While personal injury claims typically have a set time limit for filing (known as the statute of limitations), many states provide exceptions or extensions for cases involving minors. However, it’s still essential to act quickly to gather evidence and build a strong case.
● Compensation: Families may be entitled to compensation for both the child’s immediate and long-term medical expenses, as well as emotional distress, pain and suffering, and future lost earning capacity if the injury affects the child’s future prospects.
● Settlement or Trial: Many personal injury cases are resolved through settlements, but if a fair agreement cannot be reached, the case may go to trial. Experienced legal representation is crucial to ensuring the best possible outcome for your child.
Steps to Take After Your Child is Injured
If your child has been injured, it's important to take the following steps to protect their health and legal rights:
Seek Immediate Medical Attention: Your child’s well-being is the top priority. Even if the injury seems minor, some conditions, such as internal injuries or concussions, may not be immediately apparent. Keep records of all medical treatments, including diagnoses, prescriptions, and future care recommendations.
Document the Incident: Whether the injury occurred in a car accident, playground, or due to a defective product, document everything. Take photos of the scene, the cause of the injury (e.g., damaged equipment, dangerous toys), and your child’s injuries. Get contact information for any witnesses.
Report the Incident: If the injury occurred at a school, daycare, or business, report it to the responsible party. If it was caused by a defective product, notify the manufacturer or retailer.
Avoid Insurance Settlements Without Legal Advice: Insurance companies may attempt to settle quickly, often offering far less than your child’s injuries are worth. Before agreeing to any settlement, consult with a personal injury attorney to ensure that you are not shortchanged.
Contact an Attorney: Navigating the legal system while caring for an injured child can be overwhelming. An attorney with experience in child injury cases can help you understand your legal options and guide you through the process.
How Lee Law Offices Can Help Families of Injured Children
At Lee Law Offices, we understand how devastating it is for a parent to watch their child suffer due to someone else's negligence. Our compassionate and experienced personal injury attorneys are dedicated to helping families seek justice and compensation for the harm done to their children.
Why Choose Lee Law Offices?
● Extensive Experience in Child Injury Cases: We have a proven track record of success in handling a wide range of child injury cases, including car accidents, defective products, playground accidents, and more.
● Focused on Maximizing Compensation: We fight tirelessly to ensure that your child receives the compensation they deserve for medical bills, pain and suffering, and long-term care needs.
● Compassionate Representation: We understand the emotional toll that child injuries take on families. Our team is here to support you through every step of the legal process, ensuring that your child’s best interests are always at the forefront.
If your child has been injured due to someone else’s negligence, don’t wait to take action. Lee Law Offices is here to help. Our experienced attorneys will fight for your child’s rights and ensure that you receive the compensation you need to move forward.
Contact us today at 800.887.1965 or fill out our online form to schedule a free consultation. Let us help you protect your child’s future and hold the responsible parties accountable.