Maryland Child Injury Attorney – Injuries and Compensation

Advocating for children who have suffered serious injuries bring different challenges than working with adults. Developmentally, children may not be able to comprehend let alone express the nature and impact of their injuries. Representing children therefore requires a team approach. If necessary you may have to work the child therapists to fully document and explain a child’s injuries.

COMMON CAUSES OF INJURIES TO CHILDREN

Here are some the the common ways children get injured.

1. Car Accident Related Injuries
Children experience injuries from car accidents as both passengers and pedestrians. There are over 200,000 car accidents a year and it is critical that all parents adhere to child safety standards. In rollover crashes, children without car seats or safety belts were almost three times more likely to suffer serious injuries than those who were restrained according to the National Highway Safety Administration report reviewed by Maryland child injury lawyer. In near-side impacts, unrestrained children were eight times more likely to sustain incapacitating injuries than children restrained in child safety seats.

2. School
As they grow, children spend most of their days in school. Unfortunately, classrooms, hallways and play grounds can be dangerous places for our children especially when there is a lack of adult supervision. Teachers have a duty to supervise children under their care. Schools also have a duty to properly hire and supervise the personnel they employ to interact with children. In addition, any equipment such as play ground or laboratory equipment needs to be regularly inspected to make sure children are not exposed to hazardous conditions.

3. Daycare Centers
Similar to schools, day care centers owe a duty to supervise the children under their care as well as personnel. In addition, their play ground equipment has to be safe as well. While not every injury at a day care center is the result of negligence, there are clear examples of such negligence whenever injuries result due to lack of proper supervision in understaffed facilities. As a Maryland child injury lawyer I have represented a child who suffered a broken femur as a result of a day care providers negligence.

4. Friend’s Home
As a parent have a duty to supervise the children you invite into your home. Hence, parties whether it is a sleep over or a pool party require parents to exercise caution. For example, one caution for parents with pools or hot tubs is to have a strict policy that no one uses those things unless an adult is present.

5. Dog bites
Dogs and other pets present a unique danger to children partly because children are less capable of discerning risk or safe play from unsafe play. Dog owners face liability under two theories. First, a parent can use strict liability if the can prove that: (1) that a dog caused their injury, and (2) that the dog owner knew that their dog was dangerous. Ordinary negligence also applies. If a dog owner did not engage in reasonable care under the circumstances leading to the bite then the may be liable.

B. Compensation
The following items can be paid to children and parents of minor children injured as a result of the negligence of others.

1. Medical and hospital bills
Any monies paid for a child’s medical and hospital bills even if paid by insurance can be recovered form the negligent party.

2. Pain and suffering, including mental and emotional distress
Injured children can seek compensation for pain and suffering as well as any emotional distress. Disfiguring from accidents or dog bits can cause embarrassment and cause victims to withdraw from society especially at a young impressionable age. Therefore, it is important to demonstrate the impact of the accident to ensure proper compensation for child victims.

An important thing to remember whenever you have a claim involving a minor is that money recovered may have to be placed in a trust account. Maryland law protects minors by ensuring the money is not wasted by others and placing it in trust with the parents as trustees.

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