Has your child suffered an injury in a car accident? Been harmed due to negligent supervision at a daycare or school? If that’s the case, your family may have a right to receive financial compensation.
Injuries to children that could have been prevented are distressing and have far-reaching effects—physically, emotionally, and financially. At The Schafer Law Office, we are dedicated to standing up for children and families, striving for accountability and equitable compensation. Our mission is to hold responsible parties accountable and secure the compensation needed to support your child’s medical treatment, rehabilitation, and future well-being.
If your child has been injured due to negligence, recklessness, or intentional actions, it’s crucial to act swiftly to protect their rights. Contact The Schafer Law Office today to discuss your case and let us guide you through the legal process. Your child deserves justice, and we are ready to stand by your side every step of the way.
Common Child Injury Causes in Kentucky
Childhood is a time of exploration, growth, and play but unfortunately, accidents can occur along the way. The following are some of the most prevalent causes of child injuries:
- Car Accidents: Car accidents can result in severe injuries like broken bones, head trauma, and internal injuries. Factors such as reckless driving, distracted driving, or failure to properly restrain the child can contribute to these accidents. An auto accident attorney can help you investigate and pursue a claim.
- Playground Accidents: Playgrounds are meant to be fun and enjoyable spaces for children, but they can also pose risks. Poor maintenance, lack of supervision, or defective playground equipment can contribute to these accidents.
- Sports-Related Injuries: Participation in sports activities is beneficial for a child’s physical development, but it also carries a risk of injuries. Sports-related injuries can range from sprains and strains to more serious conditions like concussions or fractures. Inadequate supervision, lack of proper safety equipment, or dangerous playing conditions can increase the likelihood of these injuries.
- Daycare/School Negligence: Children spend a significant amount of time in daycare centers or schools, and unfortunately, negligence in these settings can lead to injuries. Examples include inadequate supervision, failure to address hazards, or lack of proper safety protocols. Injuries can range from slips and falls to more severe incidents involving accidents with vehicles or intentional harm by staff or other children.
- Defective Products or Toys: Defective or dangerous products and toys can pose a significant risk to children’s safety. Poor design, manufacturing defects, or inadequate warnings can lead to injuries such as choking, strangulation, burns, or poisoning. It is essential for parents to stay informed about product recalls and take necessary precautions.
- Dog Bites and Animal Attacks: Dog bites and animal attacks can cause physical and emotional trauma to children. Lack of responsible pet ownership, failure to properly restrain or control aggressive animals, or allowing unsupervised interactions between children and animals can result in these incidents. The injuries can range from minor wounds to more severe injuries requiring medical attention or even reconstructive surgery.
It is important for parents and caregivers to understand these risks so they can take proactive measures to prevent accidents and create a safer environment for their children. However, if an injury does occur due to someone else’s negligence or wrongdoing, a child injury attorney can help the family protect the child’s rights and pursue appropriate compensation.
What to Do If Your Child Has Been Injured
Few things are more distressing and overwhelming than learning that your child has been hurt. It’s important to stay calm and take steps to both access medical care and lay the groundwork for a personal injury claim.
- Seek Immediate Medical Attention: The health and safety of your child should be the top priority. If the injury is severe or life-threatening, call 911 right away. Even if the injury seems minor, it is still important to have a medical professional assess and treat your child. Prompt medical attention not only ensures their well-being but also provides documentation of the injuries and the necessary treatment received.
- Document the Details and Gather Evidence: Take the time to document as much information as possible about the incident. This includes noting the date, time, and location of the injury, along with a detailed description of what happened. If there were any witnesses, try to obtain their names and contact information. You should also take photographs of the scene, the cause of the injury, or any visible injuries your child sustained. This documentation can be valuable evidence later on.
- Report the Incident: Depending on the circumstances, it may be necessary to report the incident to the appropriate authorities or the child’s school/daycare. This ensures that the incident is properly documented and investigated. For example, if the injury occurred at a daycare or school, inform the administrators and ask for their incident report procedures. If it is a case of negligence or criminal activity, consider reporting it to the police.
- Consult With a Child Injury Attorney: An experienced attorney specializing in child injury cases can assess the situation, provide expert advice, and guide you through the legal process. They will help you understand your rights, determine liability, and pursue appropriate legal action if necessary.
Remember, time is of the essence when it comes to taking legal action for a child injury case. Consult with an attorney as soon as possible to ensure you do not miss any important deadlines and to give your case the best chance of success.
Compensation for a Child Injury
Compensation for a child injury can encompass various types of damages. Here is an overview of potential compensation types:
- Medical Expenses (Past, Present, and Future): Children’s injuries often require extensive medical treatment, including hospitalization, surgeries, medication, rehabilitation, and ongoing therapy. Compensation can cover the costs of all medical expenses related to the injury, both already incurred and those anticipated in the future.
- Rehabilitation and Therapy Costs: In many cases, a child injury may necessitate ongoing rehabilitation and therapy, such as physical therapy, occupational therapy, or psychological counseling. Compensation can encompass the expenses associated with these specialized treatments.
- Pain and Suffering: Children may experience physical pain and emotional distress as a result of their injuries. Compensation can be awarded to address the pain, suffering, and loss of enjoyment of life they have endured and may continue to experience.
- Emotional Distress: Certain injuries can have a significant impact on a child’s emotional well-being, potentially leading to anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological conditions. Compensation can account for the emotional distress experienced by the child and provide resources for appropriate mental health support.
- Loss of Future Earning Capacity: In severe cases where the child sustains long-term or permanent disabilities, their ability to earn a living in the future may be compromised. Compensation may factor in the potential loss of future earning capacity, ensuring that the child is financially supported throughout their life.
It is important to note that the specific amount of compensation awarded will depend on the unique circumstances of the case, including the severity of the injury, the impact on the child’s life, and the extent of the negligence or wrongdoing involved. An experienced attorney will work diligently to ensure that your child receives the compensation they deserve and that their future well-being and financial stability are taken into account.
What is the Statute of Limitations for Filing a Child Injury Lawsuit in Kentucky?
In Kentucky, there is a general statute of limitations that applies to personal injury cases, including those involving negligence, strict liability, or intentional harm. This time limit is set at one year from the date of the injury unless a car accident was involved, in which case the deadline is two years.
However, if the injured individual is a minor, there is a special exception. Typically, minors have until one year after they turn 18 years old to file a personal injury lawsuit in Kentucky. There may be certain limitations to this exception, so you should consult with an attorney to discuss the specific details of your case.
How Much Does It Cost to Hire a Child Injury Attorney?
The cost of hiring a child injury attorney can vary depending on several factors, including the attorney’s experience, reputation, location, and the complexity of the case.
Generally speaking, child injury attorneys work on a contingency fee basis. This means that the lawyer only gets paid if they are able to secure compensation for your child. If the case is successful, the attorney’s fees are typically a percentage of the settlement or the awarded damages.
At The Schafer Law Office, we offer free initial consultations, where we can evaluate your case and provide you with an assessment without any upfront charges. This allows you to discuss your options and make an informed decision about moving forward with legal representation.
Get a Free Consultation From a Louisville Child Injury Attorney
When a child suffers an injury due to someone else’s negligence or wrongdoing, it is crucial to seek legal representation to protect their rights and pursue fair compensation. The Schafer Law Office is dedicated to advocating for children and their families, providing compassionate and experienced legal support in child injury cases.
Our team understands the profound physical, emotional, and financial impact that these injuries can have on families. With our extensive knowledge and experience in child injury law, we are well-equipped to handle a wide range of cases, including car accidents, playground accidents, daycare/school negligence, and more. To schedule your free consultation, contact The Schafer Law Office today.