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 Miami 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.
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 Miami child injury lawyer can help hold these types of entities responsible.
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.
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 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.
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.
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 in Miami, 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.
Miami 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.
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.
A Miami 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 damagesIn 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.
References
https://www.cdc.gov/safechild/falls/index.html ↩http://miamidade.floridahealth.gov/programs-and-services/wellness-programs/injury-and-violence-prevention/_documents/7-fs-unintentional-drowning-to-children.pdf ↩https://nyulangone.org/conditions/poisoning-in-children/types ↩https://www.cdc.gov/motorvehiclesafety/child_passenger_safety/cps-factsheet.html ↩http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html ↩http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html ↩https://law.justia.com/cases/florida/supreme-court/1970/39609-0.html ↩https://www.theclm.org ↩
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