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Child Injuries & Fatalities

What are Child Injuries & Fatalities?

Child injuries refer to physical harm or trauma suffered by a child due to accidents, abuse, or neglect. These injuries can range from minor cuts and bruises to severe, life-altering conditions like brain injuries or spinal cord injuries. Fatalities, unfortunately, occur when a child’s injuries are so severe that they lead to death.

Child with hand on neck
Child Injuries & Fatalities

The causes of child injuries and fatalities vary, but negligence and recklessness on the part of adults, caregivers, or organizations are often involved. In many cases, these injuries could have been prevented with proper supervision, safety measures, or care.

Common Causes of Child Injuries & Fatalities:

  • Car Accidents: Motor vehicle collisions involving children, either as passengers, pedestrians, or cyclists.
  • Drowning: Accidents in pools, bathtubs, or bodies of water, especially when proper supervision is lacking.
  • Falls: Children are prone to falling due to their developmental stage and curiosity, especially in unsafe environments.
  • Burns and Scalds: Burns from hot surfaces, chemicals, or fires, especially in households or daycare facilities.
  • Choking: When a child swallows or inhales an object, obstructing their airway.
  • Child Abuse: Physical, sexual, or emotional abuse that results in harm or death.
  • Defective Products: Injuries caused by toys, household items, or other products that are unsafe for children.
  • Medical Malpractice: Harm caused by medical errors during childbirth, diagnosis, or treatment.

Liability Types:

  • Negligence: The responsible party may be held liable if their failure to act safely led to a child’s injury or death. This could include negligent driving, poor supervision, or improper care.
  • Premises Liability: If a child’s injury occurred due to unsafe conditions on someone else’s property, the property owner may be held liable.
  • Product Liability: Manufacturers or sellers of defective products, such as toys, furniture, or car seats, may be held accountable if their products harm children.
  • Healthcare Provider Negligence: Medical professionals may be liable for harm caused by improper medical treatment, diagnosis, or failure to act in a timely manner.

Types of Compensation for Child Injuries & Fatalities:

  • Medical Bills: The costs of hospital stays, surgeries, medications, and other treatment related to the child’s injuries.
  • Pain and Suffering: Financial compensation for the emotional and physical distress experienced by the child (or by the family in the case of a fatality).
  • Loss of Enjoyment of Life: If the injury or death results in a permanent disability or prevents the child from enjoying normal childhood activities, compensation may be awarded.
  • Funeral Costs: In the unfortunate event of a child fatality, families may receive compensation for funeral and burial expenses.
  • Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter future misconduct.

What to Do After a Child Injury or Fatality:

  1. Seek Immediate Medical Care: Get medical attention for the child immediately, even if the injury seems minor. Some injuries may worsen over time.
  2. Document the Incident: Gather evidence of the circumstances surrounding the injury or fatality. Take photos, get witness statements, and collect any relevant medical records.
  3. Contact an Attorney: Consult a lawyer who specializes in child injury and fatality cases. A lawyer will help you understand your legal rights and guide you through the legal process.

File a Personal Injury or Wrongful Death Claim: If another party is responsible for the injury or death, filing a lawsuit can help you recover compensation for the child’s pain and suffering, medical bills, and other damages.

Child with hand on neck

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