A parent’s top priority is to keep their children from harm. Unfortunately, that is not always possible. Some accidents are unavoidable, but many others are the result of somebody’s negligence. Poor supervision, poor driving, and hazardous products are just some of the ways that negligence can lead to harm.
When a child has an injury, parents have a new priority—ensuring the juvenile has the necessary funds to pay for their medical care and other associated costs. If a parent fails to seek those remedies, the injured party has a limited time after becoming an adult to bring a claim on their own behalf. Whether you are a parent of a minor who was harmed or a young adult who was injured in your youth, an Aurora child injury lawyer may be able to help. Get in touch with one of our personal injury attorneys today.
How Child Injuries Occur
Children are prone to injuries; that is just a fact of life. They are active and often unable to recognize dangers, which would be apparent to older, more mature people. As a result, they get more injuries than adults. Plus, they can hurt themselves in a variety of ways. The most common causes of accidental injuries to youth include:
- Cleaning products
- Dangerous drugs
- Hazardous toys
- Car crashes
- Drowning
- Dog bites
- Physical and sexual abuse
The nature of the harm helps dictate how an Aurora child injury attorney will approach the case. For example, it determines what type of obligation the liable party had to the child and how they breached that duty. However, whether the behavior was willful, reckless, or merely negligent, an injured party may still have a claim for injuries.
Failure to Supervise
Negligent supervision is at the root of many childhood injuries. However, it can be challenging to prove. That is why it is essential to document any injuries to a minor when someone else is responsible for childcare. Parents should also seek medical attention for any injuries. It is not unusual for daycares to underestimate the severity of injuries, especially in younger kids. Having a medical professional inspect the child can help parents detect hidden injuries.
Just because a child is injured while under the care of another does not mean that there was negligent supervision — children get hurt, even when properly supervised. Instead, improper care may have contributed to the injury, such as a failure to monitor a child in a hazardous activity or allowing one child to harm another.
Proving negligent supervision can be difficult because it is often the word of a child against the word of supervising adults. They may overstate their level of supervision to deflect blame. In some cases, security cameras and witness reports can contradict those claims, or the nature of the injury may be enough to demonstrate inadequate supervision. For example, children who escape a daycare facility and get hurt outside presumably did not have proper supervision.
Since these cases can be complex, it is crucial to get the help of a juvenile accident attorney in Aurora. They can review the facts of the case and suggest the most appropriate way to make claims. In addition, they can assist in gathering the evidence needed to help people prove their claims.
Product Liability Cases
While most juvenile injury cases require fault, product liability cases do not. If the allegation is that a defective toy caused damage, the child’s family does not have to prove that the toy manufacturer or distributor was negligent. That is because product liability lawsuits are strict liability.
To prove those claims, a plaintiff needs to establish that the toy, as manufactured, was hazardous and that the defect led to the child’s injury. Due to the complexity of these types of cases, an Aurora child injury lawyer could help develop the elements of a product liability case.
Speak to a Child Accident Attorney in Aurora
Whether you are a parent whose child has been injured or a young adult seeking compensation for a childhood injury, an attorney can provide you with information about a potential claim. They will discuss the facts specific to your case, available types of compensation, appropriate compensation amounts, and the likelihood that you would prevail in a lawsuit.
With that knowledge, you can make an informed decision about how to proceed. Schedule a consultation with an Aurora child injury lawyer at the Law Offices of R.F. Wittmeyer, Ltd. today.