Liability for a Child’s Injuries

 Posted on February 18,2019 in Personal Injury

630-932-9100 for a free consultation.">A big part of raising a child is protecting him/her from harm, which is almost impossible with all the dangers that exist in and out of one’s home. However, things like seat belts and bicycle helmets are a few of the devices created specifically to prevent a child from injury. Unfortunately, even with precautions, injuries can still happen, but some injuries are preventable and only occur because someone else was negligent or reckless. Further, some of these injuries happen in environments that cater to children and should have better protocols in place to keep everyone safe.

If an injury is the result of a preventable error on the part of another, retaining the services of an experienced personal injury attorney is crucial to being compensated for the costs of the child’s recovery. A tragic example of an injury to a child, one which resulted in his death, occurred when the seven-year-old fell from a zip line at a gym in suburban Chicago. The family has since initiated a lawsuit against the gym for failing to supervise the child and provide safety devices that would have prevented his injuries. A discussion of the common types of injuries a child can suffer, as well as the types of remedies available, will follow below.

Common Childhood Injuries

As reported by the Centers for Disease Control and Prevention, unintentional injuries are the leading cause of death among children in the United States. Specifically, each year, more than 12,000 individuals under the age of 19 die from unintentional injuries, and more than 9.2 million are treated in emergency departments for non-fatal injuries. When a child is injured due to the negligence of another, not only must the child cope with the injury and its effects, but so will his/her parents. Some types of injuries common to children include the following:

• Automobile accidents, including school bus accidents;
• Injuries as a result of fireworks;
• Injuries on the playground;
• Injuries on another’s premises;
• Ingestion of chemicals, such as lead, medications, or cleaning substances;
• Burns;
• Defective or dangerous products, including toys or baby items;
• Animal bites;
• Water-related accidents; and
• Sexual or physical abuse.

Available Remedies

A child who suffers an injury, depending on its severity, may require surgical or other medical procedures to recover, and may also require long term therapy and rehabilitation. Some injuries can, in fact, be so serious that the child will be disabled for the rest of his/her life. Accordingly, it is important to be cognizant of the following costs when attempting to discern an appropriate amount of compensation:

• Medical expenses, past, present, and future, including the cost of medical equipment and other equipment;
• The loss of potential future income;
• The loss of the enjoyment of the child’s life;
• The loss of companionship;
• Costs associated with permanent disability; and
• Pain and suffering.

If the child dies as a result of the injury, a representative of the child’s estate can bring a legal claim against all responsible parties. In these cases, called a wrongful death action, the representative can claim the following damages:

• Compensation for the loss of the child’s future contributions to the family;
• Loss of companionship;
• Expenses associated with the funeral and burial of the child;
• All medical expenses; and
• Pain and suffering, not only for the parent also for the child.

Contact a DuPage County Injury Attorney

If your child has suffered an injury, seek medical help as soon as possible, then contact the dedicated DuPage County personal injury attorneys at Mevorah & Giglio Law Offices. We have years of experience in personal injury matters, including those involving children. If we determine that the injury was preventable, we can work with you to ensure that you get the appropriate compensation to cover your child’s medical expenses. You should not have to shoulder the burden, the cost, and the suffering, alone. Contact us at 630-932-9100 for a free consultation.