As a parent, you want to protect your child from injuries. Sadly, an injury can cause a child’s lifelong deficits. You will need a champion to fight for you and your child when another person’s negligent actions cause harm.
You may assume that pursuing a child’s injury claim is the same as for adults, but the legal realm becomes more complex when in child injury claims. In Florida, the law considers a child under the age of six to be unable to act reasonably or unreasonably. Therefore, comparative negligence will not apply.
A child cannot bring about their legal claim, so the child’s parents will need to do so on their behalf. It is imperative to seek damages in these cases as child injuries are often severe requiring long-term care. Child injuries can happen on the playground, in daycare, in motor vehicles, and more. You will need the help of a Tamp child injury lawyer to help guide you through this difficult process.
In a personal injury case, the victim usually files a lawsuit against the negligent individual who allegedly caused the accident or injury. In court, the victim must be able to prove that the other individual acted negligently and that their negligence was a proximate cause for the injuries suffered by the victim. If this is your case then you will need to prove the following two elements in order to prove that they acted negligently:
In court the negligent individual will also have the opportunity to show that you acted negligently as well. If they are able to prove this then it is called comparative negligence and can result in a denial of compensation for injuries.
A playground is a place where children can run around and let out some energy. They will also participate in social activities and make friends. Playground equipment can see wear and tear over the years and even break down completely. While playgrounds should meet strict safety standards, they do not always take these precautions, especially older playgrounds.
Children may not be aware of these issues and will be injured while attempting to enjoy playtime. The playground owner may be held liable for your child’s injuries depending on the factors of the accident.
In residential areas, the law requires cars to obey speed limits. This is due to the risk of children or others running into the street. Residential areas also see a lot of pedestrian movement, such as people walking and jogging or walking their dogs. You will often see children playing ball in their front yards and running it into the street to grab it.
If a car is going at an excessive speed, this can result in the child being struck and suffering a catastrophic injury. In the worst cases, your child may succumb to their injuries and pass away. Your Tampa child injury lawyer will need to file a wrongful death claim in these cases.
Automobile accidents are especially harrowing for children. They have no control of the vehicle and what is happening around them. Parents must ensure that their children use appropriate-sized car seats and restraints and are seated in the back. While this can reduce the injuries sustained during a motor vehicle accident, it does not prevent all injuries; when another driver is negligent in their actions resulting in the injury of a child, they should be held responsible.
Children will often be in care facilities during the day or after school. These facilities provide services for children between five and thirteen, but this can vary by facility. Parents entrust their children to the staff found in these facilities, assuming that the staff will take care of them as they had been at home.
Since children spend significant time in these facilities, they are prone to injuries caused by:
In cases of abuse and neglect, a Tampa child injury lawyer will work to investigate the claim and hold negligent parties responsible. Cases of neglect often occur because the daycare employees did not provide adequate supervision. Abuse results when employees take disciplinary actions too far or deliberately decide to abuse a child.
You must prove several elements in all child injury cases, including duty of care, breach of duty, causation, and damages. We know how to do that for you.
Boohoff Law P.A. Tampa, Florida Location
829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603
Phone: (813) 536-6221
Tampa is fairly close to big-time amusement parks like Disney and Universal Studios. They can put children in a unique danger of injuries. Various carnivals throughout the year can endanger children. Amusement parks are extremely attractive to children and teens. They don’t always understand the dangers rides present.
Depending on the specific circumstances related to your child’s injury, different parties can be held liable and pay for the medical bills related to the injury. In the case of daycare injury, the daycare’s insurance will be the party to pay for medical bills.
Each case is different, and while the negligent party may seem obvious, it actually may be another entity that needs to pay for your damages. A Tampa child injury lawyer will work to ensure they find the liable party and seek damages from them on behalf of your family.
The personal injury statute of limitations gives you four years to pursue an injury claim. However, this does not apply to all circumstances. Discuss your options with a Tampa child injury lawyer as soon as possible after an accident.
These cases are especially difficult since your child’s life may hang in the balance. Boohoff Law P.A. will begin investigating and building a winning strategy when we take your case. We will negotiate with insurance companies to reach a settlement agreement. This settlement should include compensation for your child’s damages, including future medical expenses.
There are several types of economic and non-economic compensation available through these cases, and you will need a Tampa child injury lawyer to determine the best route to take for your case.
You can claim damages for: