Fort Lauderdale Child Injury Lawyers
Injuries are not only tough on the developing mind and body of a child, but they can also take a toll on the parents or legal guardians. The injury may require the parents or guardians to take time off work, pay for medical treatment, handle communication with the insurance company, and other responsibilities as the primary caretaker of the child. A child injury lawyer can help with the process as they are well versed in personal injury law and the procedures to recover compensation. If your child has been injured in an accident in Fort Lauderdale or another city in Florida, contact our law firm at Englander Peebles to schedule a consultation with one of our child injury attorneys.
Common Types of Accidents That Lead to Child Injuries
Falling is one most common causes of a child’s injury. Children tend to fall often and most of the time it does not result in a major injury, but if the child falls down the stairs or hits a sharp object, it can lead to serious injuries. Falls can happen anywhere, but most spots include stairs, windows, beds without railings, slippery bathtubs, and elevated landings. Injuries to the head, back, or spine could require specialized trauma care.
Children are particularly vulnerable in motor vehicle accidents. Even with a child seat or seat belt, children are more likely to suffer serious injuries compared to adults. Common child injuries in auto accidents include whiplash, cuts, and bruises. More serious injuries include internal injuries or head injuries.
Bites and Stings
Most bites and stings are minor and require no medical attention, but if the bite wound is bleeding or showing signs of inflection, immediate medical treatment may be needed. If the child has difficulty breathing or swallowing, it could be an allergic reaction from the bite.
There are different types of burns, including chemical, electrical, radiation, and friction burns. Minor burns, like those resulting from grabbing the handle of a hot pan, might not require medical attention, but thermal burns are often serious. Any burns caused by liquids, steam, hot metals, or flames may require medical treatment.
A common child injury is a puncture wound which can result in accidents involving cutlery, kitchen appliances, yard tools, or toys with sharp edges. If your child is bleeding heavily or the puncture wound is longer than a half inch, you need to take your child to a medical emergency center for treatment.
There could be other reasons for your child’s injuries, including birth injuries, medical negligence injuries, and daycare injuries. Whether your child was injured in an accident or another type of incident, if it was someone’s fault, they must be held accountable.
Types of Damages Can You Recover in a Child Injury Lawsuit
- Lost Income
- Loss of Earning Capacity or Earning Potential
- Pain and Suffering
- Medical Bills
- Future Medical Expenses
- Rehabilitation Costs
- Loss of quality of life
- Emotional suffering
What Kinds of Unique Challenges Are Involved in Child Injury Cases?
Cases involving a child’s injury are significantly different from those involving adults. Injuries to a child can have a more profound psychological and emotional impact on the developing mind and body of a child. In some cases, parents can be legally liable for the actions of their child. If the parents are found to be negligent in providing supervision or care to the child, they can be charged with the delinquency of a minor. This can result in various types of penalties including fines.
Another unique challenge in cases involving a child injury is that children may not have the proper understanding of the severity of their injuries or the legal process for seeking compensation. They will most likely require the supervision of their parents or legal guardians throughout the process.
Depending on the age and maturity of the child, they might not be able to provide consent for legal purposes. This means a parent or legal guardian has to make a decision on their behalf. The child is going to need guidance from their parent or lawyer to initiate a child injury claim or other claim or lawsuit.
How Long Do You Have to File a Lawsuit in Personal Injury Cases?
The statute of limitations for filing a personal injury lawsuit is the same for a child or adult. According to Florida law, you have two years from the date of the injury to file a claim or lawsuit. However, the statute of limitation can be different depending on the nature of the case.
Your Lawyer Must Show a Breach of the Duty of Care
If your child got injured in an accident due to someone else’s negligence or fault, your lawyer will have to establish liability. The lawyer will have to prove that the defendant had a duty of care to your child, and that duty was breached, resulting in serious injury. For example, if your child is on a school bus, it is the duty of the bus driver to drive safely and follow traffic laws. If your child is having surgery, it is the duty of the surgeon to perform the operation in accordance with the standard of care expected from a professional surgeon.
Serious injuries require serious representation. To schedule a consultation with our child injury lawyer at Englander Peebles, contact us. Allow our injury law firm to protect your child’s rights and hold those at fault accountable for their actions. Our legal team is experienced in child injury cases and will fight to secure maximum compensation for injured victims.