One of the most challenging tasks as a parent is keeping your kids safe. What can you do when your child is injured under someone else’s care?
As a parent, you know that accidents happen and that kids aren’t always careful when out playing. You can’t guard them all the time, so you rely on others to help take care of them. What happens when the helpers are negligent, resulting in your children’s injury?
You might need a child injury lawyer to assist you in these situations and, where applicable, seek compensation for any injuries sustained.
Common Child Injuries
The following are common injuries that your child may sustain while in someone’s care or at home:
- Wounds to their skin by burns, cuts, scratches, and bruises.
- Injuries sustained to bones and joints like fractures, dislocated shoulders, and, most commonly, jamming fingers in doors or drawers.
- Impact injuries attributed to falls, which often occur on playgrounds. Kids could suffer a fracture to their head, arms, and even spine.
- Objects that are swallowed or lodged in their noses. Poisoning can also occur after accidentally ingesting hazardous chemicals.
The following are possible scenarios of injuries in the home:
- When parents or adults supervising kids can’t have constant visual contact with them, accidents quickly occur.
- Kids of any age tend to fall in the home. This is either due to insufficient lighting, steps or stairs, or trip hazards.
- Toddlers like to explore by putting foreign objects in their mouths, resulting in choking.
Parents should teach children how to avoid injury and to exercise caution in certain situations:
- They should only attempt activities that they’re physically able to do.
- When participating in activities, they should wear safety gear to protect themselves.
- Continued hydrating is vital when playing or exercising.
- To prevent sunburn, applying sunscreen is crucial.
- When playing sports, they should warm up before and gently stretch afterward.
- Any injuries sustained during sports or regular play should be given immediate attention before continuing.
As parents, there are precautions you can take to ensure your child remains injury-free when doing physical activities:
- Encourage them to participate in age-appropriate activities.
- When playing sports, children should attempt a variety and not focus on only one. They could do a new sport every season.
- Identify what your child’s needs are to participate in an activity and support them.
- Help them practice the skill needed to play their sport.
- It’s also wise to educate your children about the rules of a particular game or sport.
As parents, you trust daycare facilities to protect your children. Yet, many kids are hurt at these institutions. It’s essential to know what to do when your child is injured.
It’s fun and exciting for kids to play a particular sport and to do it well. However, there’s always a risk of injury when playing any sport. There are ways that parents can minimize these risks without jeopardizing their child’s enjoyment.
Pursuing a Claim on Behalf of a Child
- If the injured child is under 18, they would need a parent or guardian to file a lawsuit on their behalf or consult child injury lawyers.
- Depending on the case’s circumstances, compensation for damages includes emotional distress, pain and suffering, permanent injury, and even future income loss. This financial settlement could be put in a trust for the benefit of the child.
- In the event of a child dying due to an accident, parents can file a “wrongful death” claim against the negligent party. The compensation in this claim is similar to that of a personal injury. The damages include emotional distress, pain and suffering, and medical and funeral expenses.
- It could be challenging to determine who to hold liable if your child is injured at school. Each situation will vary depending on the circumstances.
It’s essential to determine whether the act leading to the injury was intentional. Depending on the circumstances, the guilty party’s parents could be held liable for the damage. You should also consider if there was negligence involved, which resulted in your child being harmed.
How to Prove Negligence in Child Injury Cases
Proving negligence involves proving that the defendant neglected the duty of care owed to the child, resulting in an injury. The assignment could apply a requirement to provide ordinary care to avoid injuries to anyone by acting reasonably.
In a car accident, the driver must drive like a prudent motorist. The same applies to a healthcare provider who’s expected to provide the same care as another doctor in similar circumstances.
If a baby is born with a brain injury, it’ll be challenging to prove negligence on the doctor’s side. Parents can file a medical negligence claim by speaking to child injury lawyers if it’s proven that the brain injury could’ve been avoided.
Learn more about how a respected personal injury lawyer at Diamond & Diamond Law may be able to help you with your child injury lawsuit.
Differences in the Law for Child Injury Cases
In child injury cases, children have the right to be afforded the same compensation as adults. They could receive payments for:
- Medical expenses, both current and future,
- Pain and suffering and mental trauma,
- In the case of a disability, future earnings, and
- Where there is wrongful death, funeral expenses.
Parents or guardians will have to file a lawsuit on behalf of their child if they’re still a minor. The child’s age is taken into account when the judge assesses the behavior leading to the injury and whether the injured child behaved in an age-appropriate manner.
Talk to a Toronto Child Injury Lawyer
If you want to seek compensation for your child’s injuries, whether medical expenses or other, you need a lawyer for child injury in your corner. For more information, contact us today. Your initial consultation is free.
Pro Tip
“Inspect the playground equipment before allowing children to use it.”
