Challenges in Accident Claims Involving Children

Nothing concerns parents more than learning their child’s health or safety is in danger. Children rely on adults to use extra caution in every way. The duty to protect children applies to drivers, to property owners, to product makers, and to other individuals and companies. When your child is injured in an accident, you need experienced Manchester personal injury lawyers who understand the unique challenges of handling a child injury claim or, God forbid, a wrongful death claim on behalf of your child.

Cases involving children are different than cases involving adults. A few of these differences are:

• Medical care. Children’s injuries are different than adult injuries because children are still growing. Doctors and health providers need to be sure that the treatments they suggest take into account how the child should develop as he/she grows into adulthood. Children may need psychological help in addition to physical care help after an accident occurs.
• Ability to communicate. Children, especially younger children, need help stating what caused the accident or how the accident happened. They’re often too afraid to say what’s really hurting them.
• Special laws for children. In many states, including Connecticut, children under 7 are not capable of negligence.

Other Connecticut laws may apply to children’s personal injury cases depending on the facts of the case.

Common accidents leading to child injuries

According to the Centers for Disease Control and Prevention (CDC), injuries from accidents are the leading cause of death of children. About 12,000 children die from accidents each year and about 9.2 million are treated in the ER each year.

The leading causes of childhood accidents are:

• Motor vehicle accidents. In many car accidents, the parent who was driving the child is responsible. There are laws that govern where children (depending on their age) can sit in the car, which way they should be facing, and whether they should be in a car set or a booster seat.
• Children love to play. It’s natural. Many fall accidents occur in the home or the playground. Children can easily fall if property owners don’t inspect their property for defects. Falls can cause brain trauma, fractures, spinal cord damage, and other serious injuries.
• Dog bites. Children love to play with animals of all sizes especially dogs. Unfortunately, they don’t realize how dangerous dogs can be. According to org, in 2019: 27% of dog bite fatality victims were children ages 9years and younger.
• Drowning. Children are drawn to swimming pools on the property of other people. Property owners need to properly secure their pool and access to the pool – otherwise, they may be subject to an attractive nuisance lawsuit if a child drowns.
• Suffocation. Children can suffocate while sleeping or using a variety of different products (including the packaging for the products). They can also choke on food or any small objects they ingest.

Children are also susceptible to burn injuries (especially in and around the kitchen) and to poisoning (because they don’t read the labels). Sports and recreation injuries involving children are also quite common.

Many childhood injuries are just part of growing up. If someone, such as a driver, property owner, or dog owner caused your child’s injuries or death – then the experienced Manchester injury lawyers at Barry, Taylor & Levesque, LLC, are ready to help. We work with doctors who specialize in childhood injuries. Our lawyers work to negotiate settlements so that children don’t have to testify in court, but we’re skilled at handling trials for children when necessary. To discuss your child’s accident case, call us at 860-649-4400 or fill out our contact form to make an appointment. We serve Hartford, Manchester, and the surrounding areas.