Child injury lawyer Jeffrey Killino has years of experience protecting injured children and their families. In that time, certain questions from clients have come up with regularity. For the sake of providing useful information in a clear format, we have gathered some of these questions and their answers here.
This page is not a substitute for legal advice; it only contains general facts about child injuries and related laws. Check back soon regularly for updates, and contact our offices at 877-875-2927 for advice about your case.
Child Injury FAQS
What is considered a "child injury" in a legal context?
What are the most common causes of child injuries?
Child injuries can stem from a wide range of causes, but some of the most frequent include:
Falls: Falls are a leading cause of non-fatal injuries for children. According to the CDC, over 8,000 children are treated in U.S. emergency rooms daily for fall-related injuries. These can occur from playground equipment, windows, stairs, or furniture.
Motor Vehicle Accidents: Car crashes, pedestrian accidents, and bicycle accidents account for a significant number of child injuries and fatalities. NHTSA data from 2020 shows that 607 child passengers aged 12 and younger died in car crashes.
Drowning: Drowning is a leading cause of death for children, especially toddlers and preschoolers. Swimming pools, bathtubs, and even buckets of water pose dangers. The CPSC highlights that most child drownings occur in residential swimming pools.
Burns: Burns from hot liquids, fires, stoves, and electrical outlets are common, particularly in younger children.
Poisoning: Household chemicals, medications, and cleaning products can be poisonous if ingested by children.
Choking: Small objects, toys, and food can cause choking, particularly in infants and toddlers.
Sports and Recreation Injuries: Organized sports, playground activities, and recreational activities can lead to sprains, strains, fractures, and concussions.
Dog Bites: Dog bites can cause serious injuries, especially to the face and neck.
Abuse and Neglect: Sadly, child abuse and neglect remain significant concerns, causing physical and emotional harm.
My child was injured at school. Can I sue the school?
How much does it cost to hire a child injury lawyer?
Our firm, works on a contingency fee basis. This means:
- No Upfront Fees: You don’t pay any attorney fees out of pocket.
- Fees Based on Recovery: The lawyer’s fee is a percentage of the compensation they recover for you through a settlement or judgment.
- No Fee if No Recovery: If the lawyer doesn’t win your case, you don’t owe them any attorney fees.
This arrangement allows families to access legal representation without having to worry about upfront costs or adding to their financial burden.
What steps should I take if my child is injured?
If your child is injured, it’s important to act quickly and decisively to protect their health and legal rights:
- Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention, even if the injury seems minor.
- Report the Incident: If the injury occurred at a school, daycare center, or other facility, report the incident to the appropriate authorities.
- Gather Information: If possible, document the scene with photos or videos. Obtain the names and contact information of any witnesses.
- Preserve Evidence: Keep any relevant items, such as your child’s clothing or the object that caused the injury.
- Contact Us: Consult with The Child and Birth Iinjury Lawyers as soon as possible to discuss your legal options and protect your child’s rights.
What are some common settings where child injuries occur due to negligence?
Child injuries can happen anywhere, but some common settings where negligence often plays a role include:
Schools and Daycare Centers: These institutions have a duty to provide a safe environment and adequate supervision for children. Negligence can involve inadequate supervision, unsafe premises, or failure to address bullying or harassment.
Playgrounds: Playground injuries are common, and negligence can involve faulty equipment, lack of maintenance, or inadequate supervision.
Swimming Pools: Negligence related to swimming pools can include inadequate fencing, lack of supervision, or failure to provide proper safety equipment.
Retail Stores and Businesses: Negligence in retail stores or businesses can involve hazardous displays, slippery floors, or falling merchandise.
Homes: Negligence in a home setting can involve unsafe conditions, such as unsecured furniture, accessible poisons, or unrestrained dogs.
- Roadways: Roadways can pose risks for child injuries due to negligent drivers, unsafe pedestrian crossings, or lack of traffic safety measures. Â
How do I know if someone else is liable for my child's injury?
Determining liability in a child injury case involves assessing whether another party’s negligence or wrongful actions directly caused your child’s injury. Negligence occurs when someone fails to exercise reasonable care, and that failure results in harm to another person.
Duty of Care: Adults and entities responsible for children have a legal duty to provide a safe environment and take reasonable precautions to prevent foreseeable harm.
Breach of Duty: If this duty of care is breached, and that breach directly causes a child’s injury, the responsible party can be held liable.
What are the most common types of playground injuries?
Playground injuries often involve falls from equipment, collisions with other children, or contact with hard surfaces. Common injuries include:
Fractures: Broken bones, particularly in the arms and legs.
Head Injuries: Concussions, skull fractures, or traumatic brain injuries.
Sprains and Strains: Injuries to ligaments and muscles.
Cuts and Abrasions: Lacerations, scrapes, and bruises.
My child was injured in a car accident. Who is responsible?
Determining liability in a car accident involving a child depends on various factors, including:
Negligent Driving: If another driver’s negligence, such as speeding, distracted driving, or drunk driving, caused the accident, they can be held liable.
Defective Vehicle: If a vehicle defect, such as faulty brakes or tires, contributed to the accident, the vehicle manufacturer or a mechanic may be liable.
Road Conditions: If hazardous road conditions, such as potholes or inadequate signage, played a role, a government entity responsible for road maintenance may be liable.
Can a school be held liable for bullying or harassment?
My child was injured by a defective toy. Who is responsible?
If a defective toy caused your child’s injury, you may have a product liability claim against various parties:
Manufacturer: The company that designed and manufactured the toy may be liable for design flaws, manufacturing defects, or failure to provide adequate warnings.
Distributor: The company that distributed the toy may also be held liable if they were aware of the defect or failed to properly handle and store the product.
Seller: The retailer who sold the toy may be liable in some cases, particularly if they knew about the defect or misrepresented the product’s safety.
What types of damages can be recovered in a child injury lawsuit?
The goal of a child injury lawsuit is to secure compensation for the full extent of your child’s losses, both present and future. Damages may include:
Medical Expenses: This covers all past and future medical costs associated with the injury, including hospitalization, surgery, doctor visits, therapy, rehabilitation, medication, and medical equipment.
Pain and Suffering: This compensates for the physical pain, emotional distress, and mental anguish your child has experienced and may continue to experience due to the injury.
Loss of Future Earning Capacity: If the injury is severe and impacts your child’s ability to earn a living in the future, you can seek compensation for this loss.
Disability: If your child’s injury results in a permanent disability, you can recover damages for the costs of long-term care, assistive devices, and modifications to your home.
Disfigurement: Compensation may be awarded for scarring, disfigurement, or other permanent physical changes resulting from the injury.
How do I know if someone else is liable for my child's injury?
To determine liability, we need to establish if another party’s negligence caused your child’s harm. This means they had a responsibility to keep your child safe, they failed in that responsibility, and that failure directly led to the injury. For example, if a store owner knew about a broken step and didn’t fix it, and your child fell on that step, they could be liable.
What are the different ways a child injury case can be resolved?
There are several ways a child injury case can be resolved:
- Settlement: Most child injury cases are resolved through settlement negotiations. This involves reaching an agreement with the defendant(s) and their insurance companies to pay a sum of money to compensate for the child’s injuries and losses.
- Trial: If a settlement cannot be reached, the case may proceed to trial. During a trial, a judge or jury will hear evidence and arguments from both sides and decide whether the defendant(s) are liable for the child’s injuries. If liability is established, the judge or jury will also determine the amount of damages to be awarded.
- Alternative Dispute Resolution (ADR): Some cases may be resolved through ADR methods, such as mediation or arbitration. These methods involve a neutral third party who helps the parties reach a resolution.
What is the role of an expert witness in a child injury case?
Expert witnesses can provide invaluable support in child injury cases. They offer specialized knowledge and testimony to help establish negligence, causation, and damages. Some common types of expert witnesses in these cases include:
- Medical Professionals: Doctors, therapists, and other healthcare providers who can testify about the child’s injuries, treatment, prognosis, and long-term care needs.
- Accident Reconstructionists: Experts who can analyze the accident scene and provide insights into how the injury occurred, who was at fault, and the contributing factors.
- Child Psychologists: Experts who can assess the emotional and psychological impact of the injury on the child, as well as their future needs for therapy or counseling.
- Economists: Experts who can calculate the financial losses associated with the child’s injury, including future medical expenses, lost earning capacity, and other economic damages.
Birth Injury FAQS
What exactly is a birth injury?
A birth injury encompasses any type of harm or damage that occurs to a baby during the labor and delivery process, or in the immediate newborn period. These injuries can vary significantly in severity, ranging from minor, temporary conditions like bruising or swelling, to severe and lifelong disabilities. Some of the most common and serious birth injuries include:
- Cerebral Palsy: This is a group of disorders that affect a child’s movement, muscle tone, and posture. It’s often caused by oxygen deprivation to the brain during labor and delivery, and it can lead to difficulties with motor skills, coordination, and balance. The CDC estimates that the prevalence of cerebral palsy in the U.S. is around 1.5 to 4 cases per 1,000 live births.
- Brachial Plexus Injuries: These injuries involve damage to the network of nerves that control movement and sensation in the shoulder, arm, and hand. They typically occur when the baby’s neck is stretched or twisted during a difficult delivery. Brachial plexus injuries can result in weakness, paralysis, or limited range of motion in the affected arm.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage caused by a lack of oxygen and blood flow to the baby’s brain. This can occur during labor or delivery if the baby experiences fetal distress, such as an abnormal heart rate or umbilical cord complications. HIE can have a wide range of long-term effects, including cerebral palsy, developmental delays, intellectual disabilities, and seizures.
What are the most common causes of birth injuries?
While some birth injuries are unavoidable, many are caused by medical negligence, which occurs when a healthcare provider fails to provide the accepted standard of care, resulting in harm to the baby. Some common causes of birth injuries include:
- Oxygen Deprivation: This can occur due to various factors, including problems with the placenta or umbilical cord, maternal health conditions, or difficulties during labor and delivery. Failure to properly monitor the baby’s heart rate and oxygen levels, or delays in performing a necessary cesarean section, can lead to oxygen deprivation and brain injuries like HIE and cerebral palsy.
- Trauma During Delivery: Excessive force used during delivery, improper use of forceps or vacuum extraction, or shoulder dystocia (when the baby’s shoulders get stuck during delivery) can cause injuries to the baby’s head, neck, or nerves.
- Medical Errors: These can include medication errors, failure to diagnose and treat maternal infections, or delays in recognizing and responding to complications during labor and delivery.
What is cerebral palsy, and how is it caused?
- Causes: The majority of cases of CP are caused by brain damage that occurs before or during birth. Some of the factors that can contribute to brain damage include:
- Lack of oxygen to the brain (asphyxia)
- Premature birth
- Low birth weight
- Infections during pregnancy
- Jaundice
- Head trauma
- Symptoms: The symptoms of CP vary from person to person. Some people with CP have mild symptoms, such as difficulty walking or talking, while others have severe symptoms that make it difficult to perform everyday tasks. Common symptoms include:
- Muscle stiffness or spasticity
- Poor coordination
- Tremors or involuntary movements
- Difficulty with speech
- Difficulty with swallowing
- Seizures
- Intellectual disability
- Treatment: There is no cure for CP, but there are treatments that can help manage symptoms and improve quality of life. These treatments may include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Medications
- Surgery
What is HIE, and what are its long-term effects?
- Cerebral palsy: A disorder that affects muscle movement and coordination.
- Intellectual disability: Difficulties with learning and problem-solving.
- Seizures: Uncontrolled electrical activity in the brain.
- Vision and hearing problems: Problems with seeing or hearing.
- Behavioral problems: Difficulties with behavior and emotions.
- Death: In severe cases, HIE can be fatal.
What are the signs of a skull fracture in a newborn?
A skull fracture is a break in the bones of the skull. Skull fractures in newborns are usually caused by trauma during delivery, such as the use of forceps or a vacuum extractor.
- Signs and Symptoms:
- Swelling or bruising on the head
- A soft spot (fontanelle) that feels abnormal
- Seizures
- Vomiting
- Lethargy
- Difficulty feeding
- Diagnosis: If a skull fracture is suspected, the doctor will order imaging tests, such as an X-ray or CT scan.
Treatment: Treatment for a skull fracture depends on the severity of the fracture. Some fractures may heal on their own, while others may require surgery.
How do I know if my child's injury was caused by medical negligence?
Determining if a birth injury was caused by medical negligence is a complex process that requires careful review of medical records and expert analysis. Here’s what we look for:
- Deviation from the Standard of Care: We work with medical experts to determine the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances. If the healthcare provider’s actions fell below this standard, it may indicate negligence.
- Causation: We must establish a direct link between the healthcare provider’s negligence and the child’s injury. This means showing that the negligence was a substantial factor in causing the harm.
- Damages: We must demonstrate that the child suffered actual damages as a result of the birth injury, such as medical expenses, pain and suffering, or loss of future earning capacity.
What are some signs and symptoms of a birth injury?
- Physical Signs: These can include bruising, swelling, facial paralysis, abnormal muscle tone (either too stiff or too floppy), seizures, difficulty breathing, or feeding problems.
- Developmental Delays: As the child grows, developmental delays may become apparent, such as delays in reaching milestones like rolling over, sitting up, crawling, or walking.
- Cognitive Impairments: Birth injuries can also affect cognitive development, leading to difficulties with learning, memory, attention, or problem-solving.
- Behavioral Issues: Some children with birth injuries may exhibit behavioral problems, such as hyperactivity, aggression, or emotional difficulties.
My baby seems fine now, but could problems develop later?
- Regular Checkups are Crucial: It’s essential to maintain regular checkups with your child’s pediatrician and any specialists involved in their care. These professionals can monitor your child’s development, identify any potential concerns, and provide early intervention if needed.
- Developmental Monitoring: Be attentive to your child’s development and watch for any signs of delays or difficulties. If you have any concerns, don’t hesitate to raise them with your healthcare provider.
- Early Intervention: Early intervention is key to maximizing your child’s potential and minimizing the long-term impact of any birth injuries.
What types of damages can be recovered in a birth injury lawsuit?
- Economic Damages: These are quantifiable financial losses, such as:
- Medical Expenses: Past and future medical costs, including hospitalization, surgeries, doctor visits, therapies (physical, occupational, speech), medications, medical equipment, and assistive devices.
- Rehabilitation Costs: Costs associated with rehabilitation services, such as physical therapy, occupational therapy, speech therapy, and other therapies aimed at improving the child’s function and quality of life.
- Lost Income: Compensation for lost income if a parent needs to take time off work or reduce their work hours to care for the child. This can include past lost wages and future lost earning capacity if the parent is unable to return to their previous employment.
- Home Modifications: Costs associated with modifying the home to accommodate the child’s needs, such as installing ramps, widening doorways, or adapting bathrooms.
- Special Education and Support Services: Expenses related to special education, tutoring, and other support services that the child may require.
- Non-Economic Damages: These are more subjective and difficult to quantify, but they are equally important in compensating for the impact of the injury. They include:
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish experienced by the child and their family.
- Loss of Enjoyment of Life: Damages for the child’s diminished ability to participate in and enjoy activities they would have otherwise been able to do.
- Loss of Consortium: Compensation for the loss of companionship and support experienced by the child’s parents or siblings.
- Wrongful Death: In tragic cases where the birth injury results in the child’s death, damages can include funeral expenses, grief counseling, and loss of companionship.
What are the challenges in proving a birth injury case?
Birth injury cases present unique challenges, including:
- Proving Causation: Establishing a direct link between the healthcare provider’s negligence and the child’s injury can be complex, especially if the child has pre-existing conditions or if there are other potential contributing factors.
- Medical Expert Testimony: Birth injury cases rely heavily on medical expert testimony to establish the standard of care, explain complex medical issues, and prove causation.We have access to the best experts in the country.
- Defending Doctors and Hospitals: Healthcare providers and hospitals often have significant resources and legal teams to defend against these claims.
- Emotional Toll: Birth injury cases can be emotionally draining for families who are already coping with the challenges of raising a child with a disability.
What is the role of a medical expert in a birth injury case?
Medical experts play a vital role in birth injury cases. They provide specialized knowledge and testimony to support your claim. Their roles include:
- Reviewing Medical Records: Medical experts carefully review the mother’s and child’s medical records to identify any deviations from the standard of care or other signs of negligence.
- Establishing the Standard of Care: They define the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances.
- Explaining Complex Medical Issues: They explain complex medical issues to the judge and jury in a clear and understandable manner.
- Providing Expert Opinions: They offer expert opinions on causation, the extent of the child’s injuries, and the prognosis for future recovery.
- Testifying in Court: They may be called to testify in court to provide their expert opinions and support your case.
What should I do if I suspect my child has a birth injury?
If you suspect your child has suffered a birth injury, it’s crucial to take the following steps:
- Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention from your pediatrician or other qualified healthcare provider.
- Document Your Concerns: Keep detailed records of any signs or symptoms you observe in your child, as well as any communications with healthcare providers.
- Gather Medical Records: Request copies of your and your child’s medical records related to the pregnancy, labor, delivery, and postnatal care.
- Consult with Us:Â Call us – We are experienced birth injury lawyers who can discuss your legal rights and options.
What is the difference between a settlement and a trial?
Most birth injury cases are resolved through settlement negotiations, but some may proceed to trial if a fair settlement cannot be reached.
- Settlement: A settlement is an agreement reached between the parties involved in the lawsuit, typically involving the defendant(s) and their insurance companies. It usually involves a payment of money to the plaintiff (the injured party) in exchange for releasing the defendant(s) from further liability.
- Trial: A trial is a formal legal proceeding where a judge or jury hears evidence and arguments from both sides and decides whether the defendant(s) are liable for the plaintiff’s injuries. If the defendant(s) are found liable, the judge or jury will also determine the amount of damages to be awarded.
What is the statute of limitations for birth injury cases?
The statute of limitations is the legal deadline for filing a lawsuit. In birth injury cases, it’s crucial to act promptly, as these deadlines can be short.
- Varies by State: The statute of limitations varies from state to state. In some states, you may have as little as one year from the date of the injury to file a lawsuit.
- Exceptions: There may be exceptions to the statute of limitations, such as in cases of delayed discovery of the injury or if the injured party is a minor.
- Consult with Us: It’s essential to consult with us as soon as possible to determine the statute of limitations in your state and ensure that your claim i filed within the required timeframe.
Who can be held liable for a
birth injury?
birth injury?
Determining liability in a birth injury case can be complex, as multiple parties may be involved in the labor and delivery process. Potential liable parties can include:
- Obstetricians and Gynecologists (OB/GYNs): The doctors responsible for prenatal care, labor management, and delivery.
- Nurses: Nurses involved in monitoring the mother and baby during labor and delivery.
- Midwives: If a midwife assisted with the delivery.
- Hospitals: The hospital where the delivery took place can be held liable for the negligence of its employees, such as nurses and other staff.
- Anesthesiologists: If anesthesia was administered during labor or delivery.
- Neonatologists: Doctors specializing in the care of newborns, if they were involved in the baby’s care after birth.
- Other Healthcare Providers: Any other healthcare professionals who played a role in the labor and delivery process.
- What should I do if my child has been injured?
- What is negligence?
- What can a child injury lawyer do for me?
- My child suffered an injury at birth. What should I do?
- Could my child’s cerebral palsy have been caused by medical malpractice?
- My child has been hurt in an accident. Should I file a lawsuit?
- My child has been injured in a swimming pool accident. Is the property owner responsible?
- What is product liability?
