Child Injuries
Additional Information
Representing the Families of Injured Children
Everyone knows that children can be somewhat accident-prone. After all, they run, jump, play, and are more dynamic than adults. They have less knowledge of everyday dangers and may lack the good judgment of someone older. But what recourse do parents have when their child’s injuries are due to the negligence or reckless behavior of another party?
To find out more about your legal rights and options as the parent of an injured child, you’ll need to speak with an experienced child injury attorney. As the parents of eight children, The Husband & Wife Law Team, Mark and Alexis Breyer, take a passionate interest in cases where a child has been injured. Their personal injury firm has been successfully representing the families of injured children for over 20 years. Let us put our experience and skills to work on your claim by calling us to schedule a free consultation.
What Are Common Causes of Child Injuries?
The causes of children's injuries are almost as varied as the number of children in the world. However, many causes are more common than others, including:
Accidents from a defective product, such as a crib or car seat
Playground and school accidents
Choking, strangulation, and suffocation
Poisoning
Fires
In many of these instances, someone other than the child is responsible for the injury. An amusement park owner is responsible for ensuring the safety of visitors, making sure rules are posted and obeyed by all park staff. Manufacturers are responsible for ensuring that products for children do not have choking or suffocation hazards. Daycare workers must supervise the child the whole time he or she is with them. When people do not take that responsibility seriously, or are negligent, they can be held liable by the injured child’s parents.
What Are Common Injuries?
Of course, the injuries a child can sustain can be just as varied as the accidents that cause those injuries. But just as there are common types of child accidents, there are also common types of child injuries.
Broken bones are commonly sustained by children. These can happen anywhere and at any time, but we often see them after a bicycle accident, when the child was the passenger in a car accident, or when the child fell after playing in a school playground or amusement park.
Scrapes and cuts, in most cases, are quite minor, but when they are serious—like a deep cut or road rash after a pedestrian or bicycle accident—they can cause a damaging amount of blood loss, require stitches, and be prone to dangerous infections.
Burn injuries from a fire, poisoning, or chemical spill can have long-lasting impacts, including scarring and continual pain, as well as emotional trauma that lingers after the incident.
Brain injuries can be caused by many different scenarios, such as drowning, slipping and falling, birth trauma, or vehicle accidents. These injuries are often lifelong and very difficult to treat, and can change the way a child functions in day-to-day life.
Scarring or disfigurement from an accident, burn injury, or even a dog bite can affect a child’s quality of life as well, and cause embarrassment for something that is not even the child’s fault.
Who Can Be Held Liable for a Child's Injury?
A number of entities can be held liable for a child’s injury, including:
A person charged with supervising the child, be it a camp counselor, coach, teacher, daycare worker, babysitter, nanny, lifeguard, etc.
The institution charged with caring for the child, such as a school, summer camp, daycare center, etc.
The owner or person charged with maintaining the premises that caused the child’s injury, such as a neighbor with a pool that didn’t have a proper gate, or a homeowner who left dangerous objects around his yard.
The manufacturer of a defective product, such as a toy that fell apart, allowing a child to choke on a piece of that toy.
The owner of a dog that bit or mauled the child.
The driver of the vehicle that caused the collision that injured your child.
If you have any questions about who can possibly be held liable for your child’s injury, contact us.
What if My Child Is Injured by a Bully?
It can be hard to know what to do when your child is being bullied. We expect the school administrators to step in, but that doesn’t always happen. In the worst cases, a child is severely injured by another student. When this happens, it is important to know who is liable.
In Arizona, the anti-hazing and anti-bullying laws are clear. Schools have a responsibility to keep their students safe, including from other students. If a staff member of the school witnesses bullying, or is made aware of it, they must step in and report the incident. The school is then required to investigate the situation. If the school fails this duty, either via carelessness or negligence, then they are liable for any damage caused to your child.
But what about the bully’s parents? Are they responsible for their child’s actions? In Arizona, yes! Many states have parental liability laws, and Arizona is no different. Parents are accountable for the intentional actions of their child and can be held liable for up to $10,000. If a bully harms your child on purpose, that bully’s parents can be held responsible.
Compensation for a Child’s Injuries
Injuries to a child can cause lifelong disabilities, which may need expensive long-term care and special treatment. Depending on the extent of your child’s injuries, you may be able to seek compensation for any of the following:
Medical bills
Future medical bills related to the child’s injuries: skin grafts, reconstructive surgeries, etc.
Pain and suffering
Mental anguish and emotional trauma, including PTSD
Mental therapy
Physical therapy
Costs of in-home care
Household and vehicle modifications to accommodate the child’s injuries, such as wheelchair ramps and lifts, special beds, etc.
Costs of special schools or education
Lost wages if a parent had to quit or reduce the number of hours worked to care for the child
Pursuing Wrongful Death Damages After the Loss of a Child
When a family has had a child taken from them, it can be tough, if not impossible, to keep up with what must be done to get justice through the legal system. Many details end up being overlooked in a time of grief. Unfortunately, it is often those same details that determine whether unsafe conditions were to blame for the child’s wrongful death. That's why families should turn to wrongful death attorneys who can act quickly in the wake of an event to secure the documentation and factual evidence needed for accurate assessment of fault.
In the tragic event that you’ve lost a child due to accident or injury, you may be entitled to compensation for any of the following damages:
Funeral and burial costs
Medical bills
Pain and suffering of the deceased before death
Loss of love, affection, companionship, relationship, etc.
Emotional trauma
As a parent, your greatest desire is to protect your children from harm. Unfortunately, this is not always possible. If your child suffers an injury due to another party’s negligent, reckless, or intentional behavior, you and your child deserve to be compensated. While we sincerely hope you never need our services, rest assured that we are available if you ever do. Just call us for a free case evaluation.
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