Children are generally careless. They do not always know right from wrong. It takes trial and error to learn difficult lessons. That is why children are often easy victims of accidents and injuries. An accident causing injury can happen to anyone at any time. We have to be especially careful with our little ones for that reason. Some injuries can be life-threatening. A child’s fragile and delicate body can not handle serious accidents in the same way that adults can.
If your child has been injured due to someone else’s carelessness, an attorney can help us get the injury claim settled. If our children are at fault, we can claim health insurance as well. If the insurance company or the hospital do not cooperate, an attorney will help us with the paperwork and provide legal support.
Here is a list of some common accidents that children are involved in and a brief description of what to do.
- Road Accidents:
Road accidents are common in the US and children are often involved. According to the Centers for Disease Control and Prevention (CDC), 636 children 12 years old and younger died in motor vehicle traffic crashes, and more than 97,000 were injured in 2018. Motor vehicle crashes are a leading cause of death among children in the United States.
Riding a bicycle on a busy road, crossing the road without waiting for traffic, running carelessly through a busy intersection, and failure to wear a seatbelt are all behaviors that can cause injuries to children. Children may not be as visible to drivers as adults. A car, truck, or motorcycle may not see a child in the road until it is too late to apply the brakes.
A road accident can cause severe injury to a child’s little body. Negligent driving, malfunctioning traffic lights, and poorly maintained roads are just some of the causes of accidents that involve children. If you or a loved one has been involved in an accident caused by someone else’s reckless, careless, or negligent acts, you can take legal action to recover compensation for your damages.
- Medical Malpractice:
Children often get sick. Going to school with other children who have developing immune systems means lots of visits to the doctor. Dental cleanings, vaccinations, and normal illnesses are common reasons to bring a child to a doctor or clinic.
If a child suffers harm or injury due to a misdiagnosis, improperly prescribed medication, or defective medical equipment and instruments, a lawyer will help you take action against the negligent party.
- Food Poisoning:
A child’s digestive system is delicate. Expired or toxic food from a store or restaurant could have life-threatening consequences to a small child. Some children have serious allergies to peanuts or gluten that can wreak havoc on their health and even lead to death.
You have the right to be compensated when restaurants and stores fail to protect and warn against harmful foods and allergens. Selling expired food and not maintaining proper hygiene in accordance with federal, state, and local rules is illegal and morally reprehensible for those in the food service industry.
Keep Your Baby Safe While You Drive – Know Some Important Rules
A car ride can be fun, especially for children. Driving with children in the vehicle requires following additional safety rules. Even if you are a safe driver, you must understand the rules and regulations that govern driving with children.
Even if you follow every precautionary measure, you can still be involved in a car accident caused by someone else. That is why it is crucial to know Car Seat Laws that are designed to prevent injuries to children and potentially save lives. If you are involved in an accident with a child, you should immediately seek medical attention. Once your health is secured, contact an attorney for legal assistance.
Most people do not file a claim. They wonder whether it will be worth the effort. They may be losing out on considerable compensation by not filing a car accident lawsuit. A seasoned legal professional will be able to properly assess your total damages in terms of physical injuries, medical expenses, and pain and emotional suffering.
Remember, the compensation you might receive from a successful lawsuit is lawfully yours. Damages are intended to restore you to the economic position that you would still be in had the accident and injuries not occurred.
Be cautious while driving with kids
It is not only important for the safety of the child to use a car seat appropriate for your child’s age and weight while driving, it is also the law Car seats are designed in accordance with strict safety regulations. You may be required to change your baby’s car seat as they grow up.
Here are a few safety measures that you can practice while driving with a child:
- Plan according to your child’s age – If planning to take your baby out for a drive, make sure you have the right safety gear installed. The car seat has to be changed according to the age of your child. Therefore, make sure that you have the right car seat installed to maintain safety while driving.
- Drive with undivided attention – There can be numerous distractions when driving with a child, but you should try to maintain focus on driving. If any situation arises where you need to shift your attention, slow down, find a safe place to stop, and then attend to the situation.
- Do not leave your child alone in the car – This has been the cause of far too many preventable tragedies. A child should not be left alone in a car, even for brief periods of time. Children might interfere with vehicle controls or would not be able to deal with an emergency situation, such as a fire or electrical malfunction which could result in serious injury or death. Children have even suffocated or overheated after being left too long in a motor vehicle. Regardless of the reason, you should take your child along with you when leaving the vehicle.
- Assess any possible risk – While accidents cannot be eliminated entirely, a responsible parent must still evaluate various risk factors that may arise while driving with a child. Weather, visibility, and road conditions may be factors to consider. You can reduce the risk of an accident by making sound decisions. Remain mindful while traveling with your child. You can consider filing a claim if your child is injured due to someone else’s negligence.
Slip and fall – a common cause of child injuries
Buildings, parks, and homes should be maintained to keep them safe for everyone, especially children. According to premises liability, building owners and operators have a duty to visitors to remove or warn against dangerous conditions on the property. Under premises liability law, you could be entitled to compensation if you fall on someone else’s property.
A landowner may also be liable for injuries to children even if they trespass on the land. If the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition, then the property owner has a duty to warn or prevent against children unlawfully entering the property.
If you or your child have been hurt on someone else’s property, you can seek compensation for your medical bills and the suffering caused by the accident. Contact an experienced Slip and Fall Lawyer who is experienced in dealing with relevant child injury cases.
Falling on someone else’s property does not automatically qualify you to recover compensation. It does not automatically mean that the person or the property owner is responsible for any injuries. You will need relevant documentation that proves that your injuries were related to the fall and evidence that the fall was the property owner’s fault due to negligence to win a slip and fall case.
Children need special attention
As we know, children are playful and love to run and be involved in indoor and outdoor games. Unfortunately, outdoor games can cause minor to major injuries. A fall is one of many possible accidents when children engage in outdoor fun. They can slip and fall, causing broken bones, scrapes, head trauma, bruising, and other injuries.
Most children are involved in accidents from time to time where they do not get that badly injured. Depending on the circumstances, however, a severe injury is always possible. Children often hurt their knees, head, elbows, etc. At times, medical attention will be necessary.
A poorly maintained playground or scattered junk can cause accidents. Those responsible for maintaining the playground or premises should be held responsible when their failure to do so causes a child to be injured. A bully can also be the cause of a child’s fall injuries and other injuries as well.
Our children might fall on the slippery floor at a place where it was the owner’s responsibility to keep the area clean. There are so many potential reasons and people who can cause a fall or injury to our little ones. With legal help, we can take appropriate steps toward recovering compensation.
The following are some hazardous conditions that are a valid basis for a personal injury claim:
- The floor accumulated snow and ice
- The floor was wet or slippery due to an unattended spill
- Uneven and cracked pavement
You may also have to show that the accident was not caused by your own actions. For example, if the pothole was big or the snow was visible, the court may find that you could have avoided it. In such a situation, the injury may not be considered as having been due to the owner’s negligence.
If your child has been the victim of an accident or injury, contact a reputable New Jersey Personal Injury Lawyer to help you with any legal problems. With 25 years of experience, The Law Office of Samuel Fishman has decades of experience assisting clients with personal injury cases. We care about you and your children’s injuries and will fight to get you the justice you deserve.