What is the Value of a Case for a Child Injured on a Playground of a Day Care Center, Summer Camp, or School?
Playgrounds are places where children can explore and interact with their friends. On most days and for most children, a playground is a wonderful for a child to be active and use his or her imagination while having fun with friends. . Unfortunately for some children, a playground can be the site of a serious personal injury. If the injury results from the improper maintenance of the playground AND / OR the improper supervision by child care provider, friend, neighbor, or relative, there could be a plate case or claim pursued on behalf of the injured child.As a Florida Child Injury Lawyer handling cases throughout the State Florida, the issue of damages is present in every case. Essentially, what is a case worth? What should the settlement value be? Should the case proceed to trial? These are excellent and common questions.
It should be noted that thereare essentially two parts of each personal injury case whether the incident involves a playground injury, day care center abuse / neglect, or an automobile accident. The two major parts of each personal injury cases on behalf of the injured are as follows:
- Liability; and
Liability this refers to proving that the that the defendant was negligent in some manner. The defendant failed to take reasonable necessary action to protect the child. Alternatively, the defendant acted but in a negligent and careless manner. The second part of the case refers to damages. This is this involves the injuries, bills, and resulting harm to the child. Certainly, a couple stitches on the finger as a result of a laceration on the playground would be valued differently than a child who fractured his arm and required two surgeries. In Florida, there is no formula per se to mathematically put a value on a personal injury case. Each case should be evaluated on its own facts and merits Here are some factors that may be considered in evaluating the case on behalf of need your child:
- the age of the child;
- the amount of medical bills in the past;
- the amount of future medical bills;
- the permanency of the injuries;
- the effect on the child’s activities of daily living;
- the effect on the child’s sport and recreation activities;
- the effect on the child’s education and learning;
- the mental anguish and emotional distress caused the injuries; and
- other factors.
Because of the complexities of child injury cases and the challenge of properly evaluating the cases, a parent should retain the services of a Florida Child Injury Lawyer for advice, guidance, consultation, and legal representation. A good resource for parents is the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Playground Injuries, School Injuries, Theme Park and Attraction Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.