Child Injury

While a minor’s injury is heartbreaking, if your child was injured because of another’s negligence or reckless behavior, you have the right and the responsibility to obtain compensation. You may need to continue to support your child due to catastrophic injuries that never heal, or your child may need extensive medical care because of the accident. No matter, you need the best New Jersey child injury lawyers to walk you through the process and take over the details of a personal injury case involving a minor. Call RAM Law for the comprehensive, personal service you need most in a child injury attorney.

When Do I Need a Child Injury Attorney?

Unfortunately, accidents happen every day, which can lead to a child injury. And when minors are seriously hurt, their lives may be forever changed. The most distressing injuries are those that occur because of someone else’s negligence or carelessness. When that happens, parents of a youth who’s been injured due to negligence need to be able to stay focused on the child and rely on experienced child injury lawyers to make sure justice is done.

Seeing your child injured may feel like your worst nightmare. People who cause injuries to minors because of recklessness, aggression or negligence need to be held accountable. In some cases, parents may be able to initiate legal action and receive compensation for everything from medical bills to time you had to take off work to care for your child.

The best way to initiate a lawsuit for liability is by working with the specialists at RAM Law where the experienced and compassionate New Jersey child injury attorneys guide you through the necessary steps you need to take to be compensated fairly.

What Are Some Causes of Injuries to Children?

Minors are usually unaware of the many ways they can get hurt, and they must depend on adults to supervise them and keep them as safe as possible. Accidents involving children are sometimes as simple as falling off a bike or skinning their knees, while other accidents are much more serious. Some of the most common causes of more serious injuries to children include:

• Vehicle accidents
• Swimming pool accidents
• Falls
• Dog bites or other animal attacks
• Bullying
• Child abuse
• Sports injuries

Unfortunately, minors who are hurt may not always survive, as unintentional injuries are the leading cause of death among youths. While many accidents are preventable if parents and other caregivers remain attentive when caring for the children, others are caused by negligent and dangerous behavior.

What Kind of Accident Claims Are Handled by Child Injury Lawyers?

Several types of serious accidents occur as the direct result of an adult’s carelessness, recklessness or negligence. Examples of accident claims that may require the assistance of a New Jersey child injury lawyer include:

• Motor vehicle accidents. When drivers are distracted, drive recklessly or are under the influence of alcohol or other substances, they may cause a wreck that injures innocent people including children. A minor may be hurt by a reckless driver while riding in a school bus, a rideshare or in a friend’s vehicle. Children can be hurt as pedestrians, hit by a car while riding a bike or when playing in front of their own home if a vehicle swerves onto a sidewalk.
• Truck accidents. When a vehicle that contains a child is struck by a truck, the sheer size and weight of the truck has the potential of causing catastrophic and possibly life-threatening injuries.
• Fall injuries. Thousands of youths end up in emergency departments each year for fall-related injuries. A child may fall off poorly maintained playground equipment or down a set of stairs in either a public or private building. Amusement parks and trampoline parks are often the setting for serious falls.
• Falling objects. Children may be hit and injured by falling objects such as toppling furniture or an improperly placed sign in a public place.
• Dog bites. Dogs that aren’t properly restrained may attack or bite a child, which can lead to horrific injuries and emotional trauma. Minors may also be bitten if they attempt to play with an unfamiliar dog. A vicious dog bite can result in both physical and emotional injuries.
• Parents and childcare workers need to be especially attentive around pools and bathtubs full of water because babies and toddlers can drown in very shallow water. Boating accidents can lead to child drownings as well.
• When minors are left unattended, there’s an increased risk of ingesting poisonous substances.
• Children can get burned from grabbing cooking utensils or other hot tools and are at risk of very serious burns if clothing is flammable.
• If a youth chokes on food or toys, it can interfere with breathing and cause suffocation.
• Defective products. Defective products such as cribs, playpens, car seats and toys may be hazardous for a variety of reasons such as being choking hazards.

Children may be injured at daycare or at school if not closely supervised. Babies who aren’t supervised may fall off a couch or chair. If allowed to play near water, children of any age can fall into a swimming pool or lake, resulting in injury or death, especially if the youth doesn’t know how to swim.

A wide variety of injuries can occur when owners of either residential or commercial property fail to maintain safe premises. Some examples of accident triggers that fall under premises liability include wet floors, uneven sidewalks or malfunctioning elevators. Property owners may be held responsible if there are injuries to minors when potentially hazardous areas, such as a pool is unguarded or unprotected.

What Type of Injuries Do Children Get from Accidents?

Children are strong and resilient in many situations but after a severe trauma such as a vehicle accident or a bad fall, they can sustain catastrophic injuries. Some examples of serious accident-related injuries include:

• Traumatic brain injury.  An injury to the head from a fall or trauma such as a car accident or gunshot injury may cause swelling, bruising or a skull fracture and can sometimes cause irreversible brain damage. This affects the victim in a variety of ways such as damage to memory and cognitive abilities.
• Spinal cord injuries. When there’s a blow to the back from a trauma, it can dislocate or fracture vertebrae. This may damage the spinal cord and cause temporary or permanent paralysis.
• Neck injuries. Whiplash and other neck injuries are among the most common injuries after a vehicle collision, especially a rear-end collision.
• Fractures.  Broken bones are a common childhood injury and can happen as the result of many types of accidents including vehicle accidents, slip and fall accidents and sports injuries.
• Scarring and disfigurement. Severe injuries are likely to lead to long-lasting scars. Dog bite incidents often involve the face and may lead to significant facial scarring and disfigurement.
• Damage to internal organs. Trauma from a bus accident, truck accident  or fall from a high place can cause damage to internal organs and internal bleeding.
• Children may experience burns in several different ways that may be associated with inadequate supervision such as playing near fireplaces or playing with lighters or matches. Sometimes severe burns happen as the result of a vehicle accident.
• Limb loss or amputations. The force of an accident such as a boating accident or vehicle wreck may cause limbs to be lost immediately. In other cases, if an arm, leg, hand or foot is damaged beyond repair, the surgeon may have to amputate. If this happens, your child has many challenges ahead as they navigate life in a much different way.

Injuries from an accident may involve bruises, lacerations, dislocations, sprains and strains or they may be much more serious. Even when injuries aren’t horrific, a minor may experience post-traumatic stress disorder and become anxious and fearful. It’s impossible to measure the damage caused by emotional scars when a child experiences devastating injuries.

Who May Be Liable When a Child Is Injured?

Minors don’t always recognize when they’re in a dangerous situation, which means adults are responsible for keeping them and their environment safe. There are many different scenarios that can result in child injury. Examples of people who may considered liable when a youth is seriously injured include:

• Childcare provider. Schools and daycares are expected to provide professional supervision whenever children are under their care. When accidents resulting in injury occur at daycares, on field trips or on school property, the person or organization providing care may be held responsible.
• Driver of a vehicle. If your child is injured in an accident caused by a driver who was drunk, distracted or driving recklessly, the driver of the vehicle may be considered liable. If the vehicle was a commercial truck, Uber or Lyft, the company may be responsible, particularly if they failed to properly screen drivers they employed.
• Vehicle maintenance provider. If mechanical problems lead to a vehicle’s accident with injuries, the maintenance provider may be held accountable for failure to properly repair or inspect the vehicle.
• Dog owner. The owner of a dog may be considered negligent if they were aware their dog could be considered dangerous or if they failed to control the dog.
• Product manufacturer. If a minor is hurt because a product is found to be unsafe or isn’t labeled properly, the product manufacturer may be considered responsible for the injury. Examples include car seats that fail to lock, toys with small parts that are choking hazards and defective electronics that may overheat or catch fire. Products that aren’t designed for children may also cause injury to a youth such as a defective airbag.
• A government entity such as a city or county. When children are injured because of dangerous conditions in public properties such as parks or public buildings, a city or county may be considered liable.
• Property owner. The owner of a property may be considered liable if they fail to keep their property reasonably safe or if they fail to warn guests of dangers by using signs, such as “beware of dog” or “no lifeguard on duty.”

Obtaining compensation for a serious injury or wrongful death depends on identifying the party or parties that should be held accountable. Negligent parties may try to avoid responsibility by trying to place blame for the incident on the child, but minors often don’t understand that some behavior is risky and may cause injury. After a thorough investigation, your NJ child injury lawyer determines who’s responsible or may find that more than one party is partially responsible for your child’s injury.

How Is Liability Proven in a Child Injury Case?

You can gather detailed evidence in your personal injury case. Even if you aren’t planning to file a personal injury claim until the youth turns 18, evidence should be gathered right away and preserved. Examples of forms of evidence that help prove a child injury case include:

• Witness statements. If there are witnesses to the incident, obtaining statements from them right away is imperative as evidence for your claim, whether the claim is filed now or in the future.
• Photos or videos. Take photos or videos of the scene of the accident to document details about how a vehicle accident happened or to make clear there was property neglect if the injury falls under premises liability.
• Medical records. Keep track of all accident-related medical records including bills for emergency room treatment, ambulance rides, physical therapy, psychotherapist, etc. Information from doctors regarding how long it may take your child to recover is also needed. If your child’s injuries are permanent, ongoing costs of treatment such as the cost of in-home care or medical equipment should be included in the claim.
• Journal entries. Write down details of how the incident occurred while it’s fresh in your mind, including anything that may have contributed to the incident such as weather and condition of property.

Once you file a personal injury lawsuit, refrain from posting any accident-related information on social media. Pictures of your child smiling or playing may be used to imply the injury isn’t as serious as is stated in your claim.

How Do I Know if I Have a Child Injury Case?

A personal injury lawsuit depends on having sufficient evidence that the victim’s injury was the result of an accident that happened because of someone else’s negligence, whether the victim is an adult or a minor. In NJ, factors that must be established include:

• An accident occurred that resulted in injury
• The actions or negligence of another party caused the accident and the injuries
• The other party owed a duty of care, which they breached

The phrase “duty of care” means that the other party was legally obligated to act in a way that prevents injury to others. Operators of motor vehicles are expected to obey the laws of the road and property owners are expected to perform maintenance as needed so that there aren’t injuries because of hazardous conditions.

Who Can File a Claim for a Minor?

Since a minor is underage and not a legal adult, they can’t file a personal injury claim on their own. Most types of personal injury claims in NJ have to be filed within two years of the incident. In the case of a child injury, parents may be able to file a claim on their child’s behalf. If they choose to wait until the youth turns 18, the statute of limitations ends two years after the child’s eighteenth birthday. An experienced NJ child injury lawyer can advise parents whether to file a claim right away or wait until the minor is 18.

Every accident that results in injury to a youth is different, so it’s not possible to predict the exact amount of compensation you’ll receive. Personal injury claims are typically divided into three categories, which include:

• Economic damages. Expenses that had to be dealt with because of the accident such as doctors’ bills, hospital bills and bills for medical equipment fall under economic damages.
• Non–economic damages. Damages to your child that don’t have a specific monetary value such as emotional distress, reduced quality of life and pain and suffering are considered non-economic damages.
• Punitive damages. If your child’s injury happened because of an intentional attack or reckless disregard for their safety, your attorney may include punitive damages in your child’s claim.

What Type of Compensation Can Be Included in a Child Injury Claim?

When a minor is injured, the child’s life may be impacted for many years and sometimes permanently, and there’s also an impact on the lives of the parents. Damages that may be recovered may include:

• Current and future medical bills. When a youth’s injury is caused by recklessness or negligence, the claim may include compensation for current medical bills such as doctor visits, ambulance rides, emergency room treatment and physical therapy. If your child has long-term or permanent injuries, your claim may include future medical bills such as medical equipment or in-home nursing care.
• Lost wages. An injured teenager with a job may be entitled to lost wages. In some cases, parents may be entitled to be compensated for lost wages if they must miss time out of work to take care of the youth.
• Reduced earning capacity. If your child is permanently injured in a way that affects their ability to work in the future, the claim may include compensation for reduced earning capacity.
• Pain and suffering. Your child’s injury may have caused debilitating pain and emotional trauma that may affect their life for years to come or permanently.

Parents that file a lawsuit before the minor turns 18 may receive some compensation for losses that impacted the parents. The child’s portion of the final settlement stays in an interest-bearing account until the child turns 18. These funds may be entrusted to a County Surrogate who represents the interests of the youth and preserves the funds until the child is of legal age.

The more seriously injured a minor is, the more likely that the final compensation could be significant and that you need the assistance of a knowledgeable child injury lawyer to obtain the full compensation deserved. If a youth dies as the result of the injuries sustained in an accident, parents may be able to file a wrongful death lawsuit, which may include compensation for funeral expenses, medical expenses and the pain and injury the parent experienced because of the child’s death.

How Can I Benefit from Hiring a New Jersey Child Injury Attorney?

A child injury attorney has the legal knowledge and skills necessary to identify a responsible party and to gather evidence that proves the other party was negligent. To recover compensation in a child injury case, several things that have to be established include:

• How the negligent act occurred
• Who was responsible for negligence
• Why it was a breach of duty of care

Your NJ personal injury lawyer evaluates the damages and determines fair compensation and handles communication with other parties and negotiations with insurance companies. Parents who try to handle a child injury claim without the help of an experienced child injury attorney are likely to underestimate the total amount needed to cover ongoing medical expenses. Never accept a settlement from an insurance company without discussing it with a qualified child injury lawyer.

Child injury cases are sometimes challenging to prove. Minors who are injured in a setting where their parents aren’t present may not know how to articulate what happened and injuries that happen in a daycare may lack clear evidence. You need to be able to prove that a reasonable person could have recognized the danger and should have taken steps to prevent it. This may require the skills of a specially trained child injury lawyer.

Complex Injuries in Minors Require Representation – Contact Our Injury Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Today

Accidents can result in catastrophic injuries, staggering medical expenses, and life-altering disabilities or death. You need an experienced injury lawyer with exceptional experience. Call Rebenack, Aronow & Mascolo, L.L.P. today at 732-247-3600 or contact us online to schedule a free consultation. Located in New Brunswick, Somerville, and Freehold, New Jersey, we serve clients in Middlesex County, Monmouth County, and Somerset County.

Sources:

https://www.wrshlaw.com/child-injury/

https://www.njatty.com/personal-injury/child-injury-lawyers/

https://www.njlawresults.com/nj-child-injury-attorneys/

https://www.grossmanjustice.com/new-jersey-child-injury-lawyer/

https://online.regiscollege.edu/blog/preventing-childhood-injuries/

https://www.kmhldlaw.com/blog/navigating-child-injury-claims-in-new-jersey-a-comprehensive-guide-for-parents/