Injuries to Children
It’s a parent’s worst fear to hear his or her child has been injured in an accident.
While not all accidents can be prevented, there are steps parents can take
after the accident to ensure their child receives the medical care and
compensation he or she deserves.
children can result from defective products, automobile accidents, drowning,
fires and burns, environmental hazards, falls, violence, poisoning, choking,
suffocation and negligence. According to the Safe Kids organization,
childhood injuries are the leading cause of death among children age 14 and
under and account for $175 billion in spending for medical expenses and
other costs. These injuries take a huge toll on a family’s financial and
My Child Has Been Injured: Who Can File
if an accident occurs when the child is a minor, the normal two year statute
of limitations is extended to two years from the date the minor turns
18 years old. However, to avoid any potential problems be sure to see
your lawyer well in advance of the two year anniversary of the accident.
To file a claim, minors must have a legal guardian, usually a parent,
file the claim on their behalf. The injured minor can receive damages
for physical injuries, pain and suffering, future medical expenses and
future wage losses. In Pennsylvania, any settlement or recovery in a personal
injury claim for a minor must be court approved, with the proceeds to
go into a restricted account for the child's benefit. Parents of an injured
child can file a separate claim to collect damages for medical expenses
and other costs they have incurred or will incur until the child reaches
his or her 18th birthday.
Attractive Nuisances: What Every Property Owner
should take additional steps to protect themselves from liability. Children
may be exempt from many of the negligence laws and trespassing laws. Younger
children pose a greater liability for property owners since they may not be
as aware of potential dangers of “attractive nuisances” such as a
trampoline, a well or an unfenced swimming pool. Owners should follow all
local and state rules and use good judgment to avoid creating a potentially
What Steps Should I Take After My
Child Has Been Involved In
If your child
has been struck by a vehicle while walking or riding a bike, recording
details about the accident could go a long way in setting the record straight
later. The driver’s insurance company or the driver’s lawyer may claim
the child ran out in front of the car, leaving the driver no chance to
react and avoid the accident. Parents should note the type of neighborhood
where the accident occurred. If there is a playground or school nearby
or signs warning drivers that children are in the area, motorists are
expected to take extra care if they are warned of children in the area.
They should also get the names and addresses of any witnesses and photographs
of the accident scene. It is also important to show how long the child
was visible to the motorist. If the driver saw the child for more than
a few seconds, the motorist may have had enough time to avoid hitting
are expected to take extra care when dealing with children or when driving
in areas where they are present. If your child has been injured due to the
negligence of an individual or a product, I may be able to help.
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