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Child Injury Lawyer in Miami
Child Injury Lawyer in Miami
June 16, 2020 admin

Child Injury Lawyer in Miami

Children are curious, excited, and chancy beings by nature, and sometimes everyday adventures can lead to potentially dangerous predicaments. While parents can do everything in their power to ensure the safety and wellbeing of our children, accidents and injuries do happen. 

While dealing with the initial shock of a child’s serious or traumatic injury, it is important to take the right steps to ensure your child is given the proper care and is supported through the recovery process and beyond. At Schlacter Law, we understand that child accidents are often caused by faulty, unsafe, or negligent situations, and that your child may have been a victim of these unsafe practices. We will hold these people responsible. As an experienced child injury lawyer, we work to help guide your family through this tentative and sensitive time in order to set your child up for the brightest possible future after injury.

Common Child Injury Causes

Slips and Falls

Cuts and scrapes are often synonymous with an adventurous childhood. In fact, slips and falls are the leading cause of non-fatal injuries for all children ages 0 to 19 [1]. Supervision is key in preventing many injuries, but when children are brought to public places such as supermarkets, restaurants, or amusement parks, conditions are often outside of a parent’s control. These types of places can provide potentially dangerous environments for children when slippery floors, poor lighting, or tripping hazards are present. Serious injuries such as abrasions, broken bones, head injuries, or even paralysis can have drastic, long-term effects on your child’s future. A child injury lawyer can help hold these types of entities responsible. 

Defective or Dangerous Toys

One of the most defining aspects of childhood are the various toys and gadgets that occupy a child’s imagination and freetime. But when a manufacturer places a dangerous or defective product on the market, the use of that toy can cause injury or death to consumers. The most common toy-related injuries are caused by suffocation or choking hazards. Product liability or negligence arises when injury is caused by the manufacture, design, negligent warning or assembly of a product.

Drowning

In a place known for warm weather, endless coastlines, and an abundance of residential swimming pools, the prevalence of water-related incidents and death in Miami is startling.  Without proper supervision, children can quickly find themselves in water too deep or waves too turbulent for their skill level.  According to Florida Health, Miami-Dade County ranked 2nd highest among all Florida counties in the number of drowning deaths for children aged 1 – 4 between 2005 and 2013 [2]. In the event a child survives a near-drowning incident, the lifetime costs for the care of a young child who has suffered submersion-related brain disability are tremendous.

Poisoning

Poisoning is a major area of concern for parents, as many common household substances can prove tempting for curious children to ingest, absorb, or inhale. Because their bodies are smaller and less developed than those of adults, children are especially susceptible to the effects of toxic substances [3]. Many types of substances can be toxic to children including prescription or certain over-the-counter medications, cleaning products, pesticides, or even the alcohol found in beverages, mouthwashes, and perfumes. 

Burns

One of the most foreign yet important concepts for young children to learn is that some things–such as stoves, radiators, candle flames, and even bath water–can be painfully hot. Ordinary household objects can pose a major threat to unsupervised children. 

Vehicle-Related Accidents

According to the CDC, motor vehicle injuries are a leading cause of death among children in the United States [4]. Whether in a guardian’s personal vehicle or a school bus, children are exposed to motor vehicles almost daily, which can give them a false sense of security around cars and roads. When handled inappropriately or with inattention, motor vehicles can pose a dangerous threat to those inside and outside of the vehicle. In fact, most bicycle accidents are caused when a negligent, careless, or reckless driver strikes a cyclist on the road. For children cyclists, their small size and inexperience makes them more susceptible to incident and injury. It is easy for a young rider to fall or swerve into oncoming traffic, and their small stature makes them harder for drivers to see. Pedestrian incidents can also occur when children play too close to a road or when crossing streets. Vehicle-related accidents can result in serious injuries that require immediate medical assistance and can have lasting implications on the development of a child.

Negligent Supervision

Parents often rely on other responsible parties for the full-time care of their children including, among others, babysitters, day-care workers, camp counselors, and playground and park operators. When a child has been injured while under adult supervision, the law allows us to hold the guardian or caretaker of a minor child at fault for negligent supervision in civil lawsuits and personal injury negligence lawsuits. These types of  lawsuits also include potential causes of action of abuse to a child including sexual abuse.

What Can a Child Injury Lawyer Do?

If your child has been injured while under the supervision of an adult or agency whose negligence or recklessness allowed the injury to occur, it is vital to consult a Miami child injury lawyer to hold the irresponsible party liable and recover compensation. An experienced attorney will be able to quickly evaluate your claim and determine how to proceed. According to Florida Law, damages must be recovered within four years of the date of injury for injuries that arise due to negligence of a property owner [5]. The time period is shortened to two years in a medical practice case or if the child unfortunately passed away.

During a time when a parent is focusing on the health and well-being of their child after an accident, the stress of doctor visits and emotional suffering can seem insurmountable .Schlater Law has been standing up for injured people and their families, including children, in the Miami area for years. Their transparent and positive approach to the legal process allows families to feel comfortable and supported during such a trying time. We work tirelessly to get your child maximum compensation for their injury so that parents can focus on getting the best care for their child.

Compensation For Child’s Injuries

A child injury lawyer can help ease the various burdens imposed on a family by taking control and holding the negligent party responsible.

Your could seek compensation for:

  • Medical expenses for physical injuries
  • Pain, suffering, and emotional distress
  • Future lost income
  • Wrongful death damages

In the case of a disabling or disfiguring injury, is it important to pay special attention to the possibility of lasting harm and expense. Such expenses can include paying for assistive devices, special education needs, or anticipated medical procedures. 

There are many avenues lawyers take for seeking compensation for your child’s injuries. These avenues include filing a claim with a homeowner’s insurance policy, pursuing a claim with a driver’s or owners’s insurance company, or taking the case to court against a myriad of potential  defendants.  An experienced child injury attorney can advise you on the most probable course of legal action.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.

 

Frequently Asked Questions

My child has been injured. What do I do now?

Most parents never imagine their child will be the victim of a traumatic accident or injury. In the unfortunate event your child is injured, it is important to contact a trusted law firm to help make the legal process as easy as possible, while ensuring you and your child receive the compensation you both deserve. 

The Miami-based child injury team at Schlacter Law understands the delicate nature of dealing with a family’s pain and suffering, and offers the sensitivity and compassion necessary for working in such a trying time. We will fight on your child’s behalf to hold the necessary parties responsible, and work to gain maximum compensation for the financial and emotional hardships incurred as a result of an injury. While a monetary award cannot heal a child’s injury, it can ease the burden of medical expenses and profound strain placed on a family.

How do I know if I have a child injury case?

Children who have been injured during an accident may have the right to financial compensation. While every case is different, if your child sustained an injury due to another party’s negligent actions and incurred a loss, you have the right to pursue a personal injury case. It is important to talk to a child injury attorney about your options and possible compensation. Most attorneys do not charge for an initial consultation of the case.

What if my child was partially at fault?

Florida personal injury law assumes that children do not have the same well-formed judgment as adults do and, as such, children’s actions are judged by a different standard An experienced Miami child attorney is well-versed in setting your child’s case up for success during the claims process or legal proceedings. In Florida, negligence cases are viewed in terms of comparative fault–how much the claimants own actions contributed to the incident, compared to how much the other party contributed to a dangerous product or environment. The percentage of contributory fault chargeable to the claimant proportionately diminishes the monetary amount awarded as economic and noneconomic damages for an injury. [6]

However, Florida law states that children under the age of six are presumed to be incapable of understanding the consequences of their actions and therefore cannot be deemed negligent under comparative negligence law [7]. If the child is older than six, the jury will determine whether a minor child should be deemed at fault based on the degree of care in which reasonably careful children of the same age, mental capacity, intelligence, training, and expertise would use under the same circumstances. 

Notwithstanding, it is important to note that a child’s award damages can be reduced by the percentage of fault, if any, that is assigned to a negligent parent [8]. A Miami Child Injury Lawyer well-versed in navigating this specific area of the law can offer the best chance of getting the most compensation from  your case.

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