Unlike adults, children have few life experiences, so they are unaware of life’s potential dangers and risks. As a result, children are more susceptible to injuries due to their impulsiveness and fearlessness. In addition, a lack of supervision can result in children sustaining injuries due to another party’s negligence.
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Children might suffer injuries in school bus accidents on the way to a Hillsborough County school, while playing at Davis Park, or many other places. Children cannot speak up for themselves following an injury, so they tend to look up to their parents to be their superheroes and fight for them.
At Boohoff Law P.A., we know you want the best for your child, and so do we; we want to fight the fight with you. Our Brandon child injury attorneys are eager to take on the insurance companies, the liable parties, and the legal system, so you do not have to.
In children’s eyes, the world is merely a giant playground to them. They consider everything just another toy. As a parent, you do your best to protect them from harmful products, dangerous environments, and suspicious people. Getting hurt may be a part of childhood; however, that does not excuse a negligent person who failed to supervise adequately. Holding the at-fault party responsible is critical in preventing it from repeating itself in the future to someone else’s child.
Liable parties can include:
It is best to hire an experienced child injury attorney who can determine who is at fault. In addition, a child injury attorney equipped with the appropriate skills and knowledge will have more success determining liability.
Parents buy products intended for a child, expecting them to be safe. However, defective products can still slip through the cracks and make it onto the store’s shelves. In addition, faulty products can pose a greater risk to children who cannot recognize danger.
The most common defective products that can cause harm to children include:
Sadly, that is not the end of that list of children’s defective products that can cause harm.
It is the parents’ responsibility to practice child passenger safety laws when children are in the vehicle. Child passenger safety law states that children must use a car seat and use proper car restraints while in the car; this law can vary from state to state depending on the child’s size, age, and weight.
In just one year, Florida had 608 children fatalities and 91,000 injured due to motor vehicle crashes. Of these, 38 percent happened because of the lack of proper car seats and restraints.
While the car seats and restraints reduce the risk of injuries, it does not prevent another driver’s negligent actions from occurring. Therefore, an attorney must hold the negligent driver liable for their actions.
When your child is in school, daycare, or at a kid’s camp, you are expecting an adult to watch carefully over your child. However, that may not be enough grounds to automatically hold them liable for every injury suffered under their watch. Liability depends on various factors. For example, a signed pre-injury release can be set aside under certain circumstances in Florida.
Suppose your child gets injured as a passenger in someone else’s vehicle. In that case, your family’s personal injury protection policy will allow you to file an insurance claim. In addition, you can file a liability claim through your uninsured/underinsured motorist policy or a combination of policies if your child’s injuries are severe.
In Florida, the statute of limitations for an injury case is the same for children and adults. The statute of limitations states that plaintiffs have up to four years exactly from the date of an injury to file a claim. However, if the injury was due to medical malpractice, the plaintiff only has two years to file a claim.
Minors suffering from a personal injury can “pause” or “toll” the four-year window to file a claim under certain circumstances. For example, the pause on a child’s injury claim can allow the court to extend the limitation period up to seven years. A claim can also be tolled based on the “discovery rule,” where the statute of limitations does not begin until the victim knows they have suffered an injury.
Unfortunately, children left under someone else’s supervision do not automatically place the responsibility on that caretaker. The school or daycare must follow the ‘Duty of Care’ standards. However, whenever schools or daycares breach the duty of care to protect your child, they can be held legally liable for their injuries.
Every child injury claim requires an investigation. The following steps after an investigation will vary depending on the nature of the accident.
In addition, you must meet specific criteria to show that the at-fault party is liable. For example, suppose you are filing a claim against a school. The court will ask for proof that the person responsible for watching your child owed your child a duty of care, failed to supervise your child adequately, and the lack of supervision injured your child.
If your child suffered injuries due to negligent care, you need to contact a Brandon child injury lawyer to see your legal family rights. Call Boohoff Law P.A. at (813) 321-7878 or get your free consultation by clicking here.
14900 Tamiami Trail
North Port, FL 34287