Articles Tagged with child injuries

Auto Crash.001As parents, we do our best to protect our children from harm. As part of regular every day life, children are transported to and from school, sport practices, and other activities. It is common to see children in vehicles before and after school as well during the school day while attending field trips and other school related activities. Unfortunately, there are far too many drivers on the road who fail to pay attention to traffic, road conditions, weather, and, yes, the presence of children in passenger vehicles, school buses, day care center vans, and other vehicles.

When a child is injured as a result of the negligence of another driver, the parents on behalf of the child can pursue a personal injury claim or case. Certainly, as a passenger, there can be no fault attributed to the child passenger; however, it should be noted that only children under the age of 6 years old are immune from being blamed in part or whole for his or her actions. As such, let’s say a 12 year old is a passenger in a vehicle but fails to wear a seatbelt. The 12 year old may be blamed in part for the personal injuries if it can be established that there was an operational seatbelt and that the use of a seatbelt would have prevented the injuries in the entirety. If the seatbelt would have lessened the injuries, then a case or claim can still be pursued. In most instances, a child is wearing a seatbelt and this particular issue is avoided due to the child’s reasonable actions in wearing a seatbelt.

Moving beyond potential seatbelt issues, it is important that the injured child receive immediate care through an emergency room, urgent care center, clinic, or pediatrician’s office. From there, if the child is still experiencing pain and / or other medical complications, follow up care should be sought and obtained on behalf of the injured child. Handling a personal injury case or claim is not an easy task or endeavor. This is especially true when the parent is dealing with the challenges or issues on his or her own without the benefit of legal advice or legal representation. As such, when a child is injured, it is important to consult with a Child Injury Lawyer who can provide the necessary guidance, direction, and, yes, legal representation when the injuries warrant the involvement of an attorney.

Bicycle - Child InjuryIn Florida as well as other states, it is still common to read about children being injured in bicycle accidents with motor vehicles.  Let’s face it – a bicycle is no match for a vehicle of any size.  When a child is hit while riding a bicycle, tricycle, or riding toy, there can be significant personal injuries and, in some instances, the tragic death of a child.  It is important for drivers of all ages to slow down any time that there are children in the area whether they are pedestrians or bicycle riders.  It should also be noted that children have poor safety awareness.  As such, a driver should be on the alert for any sudden or unsafe actions by the children in the area.
When a child is injured as a result of the negligence or carelessness of a driver, there are many issues and challenges faced by the parents and the injured child.   Who is going to pay for the medical bills? Is a parent’s wage loss a covered expense under insurance policies? Where can the child get follow up care and treatment if there is no health insurance or Medicaid?  What insurance is required for the at-fault driver?  What insurance is required for the at-fault vehicle owner?  When can a child get the compensation he or she deserved for the accident related personal injuries?   Are there any restrictions when dealing with the settlement on behalf of a minor child?  These are just a few questions of many that arise in these situations.  Because of the complexity of these cases and the importance of acting in the best interests of the injured child, a parent should seek out legal representation from a Florida Child Injury Lawyer  for advice, guidance, and, yes, legal representation.
A crash or accident can take place at any time of the day and at any location.   A child could get run over or hit in a driveway, near a park, and even while just casually walking on or riding on a sidewalk.   In Florida, there is a concept called the Dangerous Instrumentality Law.  This means that the owner of a vehicle is liable for the injuries caused by an automobile / bicycle accident if the owner consented to the driver’s use of the vehicle. There can be implied consent and there can be express consent.

WhistleEvery summer in Florida and other States, children gladly say goodbye to school and hello to summer camp.   For most children, summer time is filled with adventure, sports, friendship, and learning.  For some, however, summer unfortunately marks the time in which a child suffers a serious personal injury. Some children even die while at summer camp.   Certainly, any time a child is engaged in outdoor activities – there are some inherent risks.  Some injuries happen despite the presence of adult supervision and the implementation of reasonable and necessary safety measures.  However, other injuries result from the negligence of the summer camp, the lack of supervision, and / or the lack of safet measures.  When a child suffers a personal injury at a summer camp, a parent is oftten faced with the stress of dealing with the aftermath of the injury.   This can be especially troublesome when the child is at an overnight camp and is hundreds of miles away from the injured child.  Is a Sumer Camp liable for every single injury that takes place?  The simple answer to this is “No”.
A Summer Camp is not an absolute insurer for the safety and well-being of the child.  For instance, let’s say a child is playing basketball at summer camp.  He goes up for a lay up and comes down hard on his ankle.  After a medical examination and x-ray, it is determined that the ankle is fractured.  Under this basic fact pattern, a Summer Camp would not be liable for the injuries because it does not appear that the Summer Camp or its staff did anything wrong.
Here is a different fact patterrn to consider.  A group of 7 year olds are playing softball at camp. The counselor is about 100 yards from the playing field and is on her mobile phone texting a friend.  One of the children is swinging a bat around near the bench and whacks another player in the head.   The player on the bench suffers a serious head injury and is rushed to the local hospital where she is diagnosed with a traumatic brain injury.   Is the Summer Camp liablel for this injury?  The simple answer to this question would be “Yes”.  With proper and attentive supervision, there would not be a child swinging a bat near the players on the bench.  This incident was wholly preventable and foreseeable for that matter.