Child Personal Injury Cases

In “normal” personal injury cases, determining the amount of compensation for an injured adult is much easier then when a child has been injured. You can look at an adult's quality of life prior to the injury, the money they earned through work, the cost of medical care needed to maintain their quality of living. However, with a child, determining compensation is much more difficult as there are several factors to take into consideration: the cost of medical care for the rest of the child's life taking into consideration the medical needs will change as the child becomes an adolescent then adult, rate of inflation over the child's lifetime and what the child's life would have been had it not been for the injury sustained. Add to this process, the child legally cannot speak for themselves and will need a parent or legal guardian to represent them as well.

According to reports from the National Center for Statistics and Analysis, automobile accidents are the #1 cause for injury and death in children aged 2 to 14 years, approximately 250,000 children. Though little can be done to prevent most accidents, safety restraints like seat belts, properly installed infant and toddler seats and booster seats have made a huge impact on reducing the amount of children harmed or seeing injuries worse that what they sustained.

After car accidents, the most common reasons for a child being hurt or dying through accident are water related injuries, accidents on the playground and accidental poisoning from household products and cleaners. Drowning is the second largest cause of death in children. It also causes the most catastrophic non-fatal injuries such as permanent brain damage which can affect the child for the rest of his life. Many of these drownings and playground injuries could be prevented with more supervision and safeguards such as pool barriers or properly maintenance parks. There may be grounds for legal action if the child was in someone else's care and they failed to pay close attention or if playground slides and swings, for example, have not been properly cared for to prevent injury.

For all of these reasons, it is important to speak to an attorney who has experience and a long-track record working with personal injury cases involving children. A lawyer who understands the legal system, your child's lifetime needs and can explain the entire legal process so you can understand for the sake of your child and your family.



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