As your children grow, they will begin to explore everything around them and interact with the outside world beyond your home. Even with proper care, you might not be able to prevent every possible injury. However, if your child sustains harm through no fault of their own, in a preventable accident, you may understandably be feeling frustrated and curious about your options for taking legal action. You may be interested in ensuring that no other child is also injured in the same way.
If your child is hurt because of someone else’s actions or inactions, a Bear child injury lawyer can help you bring a compensation claim. Our trusted personal injury attorneys at Doroshow, Pasquale, Krawitz & Bhaya stand ready to work on behalf of you and your child. Reach out today to get started.
Common Childhood Injuries
Children have a naivety about dangerous situations and lack of coordination, and they can sustain injuries in many different places, such as daycare centers, schools, public parks, playgrounds, amusement parks, and pools. Children can also be injured as passengers in car accidents. Children can experience harm in many of the same scenarios as adults, including:
- Dog bites
- Slip and falls
- Sports injuries
- Medical malpractice
- Car and truck wrecks
- Pedestrian and bicycle accidents
- Dangerous conditions on public or private property
Additionally, children can sustain injuries in situations that are unique to younger people, such as negligent supervision and school bus accidents.
The body and mind of a child are not yet fully developed, so injuries can cause lasting physical and psychological damage. Bones can break more easily, and head injuries can be especially severe. Depending on the type of injury, long-term rehabilitation could be necessary. Emotional and psychological trauma from an injury-causing event can also scar a child long after physical injuries have healed, requiring mental health care to overcome fear, anxiety, and distress.
Treatment for child injuries can take serious time and resources from the child’s family, affecting the child and parents alike. A Bear child injury attorney can assist with a claim for compensation based on such injuries to compensate for those costs and other damages.
Compensation Claims on Behalf of a Minor Child
Making a personal injury claim requires understanding who is to blame and how they caused a child’s injury. Often, a claim will involve the concept of negligence, which requires proof of several elements: duty of care, breach of that duty, causation, and damages.
Beyond proving the negligence of the person at fault, a person bringing a claim will also need to navigate specific Delaware rules. For example, Delaware state law sets a statute of limitations of only two years after an injury, as created by 10 Delaware Code § 8119.
Additionally, Delaware’s system of tort law considers the amount of negligence of anyone involved, including the person bringing the claim (plaintiff). As set forth by 10 Delaware Code § 8132, a plaintiff’s recovery can be reduced in proportion to their own fault, and a plaintiff found to be more than 50 percent responsible for their injuries will not be able to recover for pain and suffering. Even in those situations however, there may be ways to recover for medical bills such as automobile PIP coverage or a med pay policy covering a facility or business.
A Bear child injury attorney can gather evidence, organize a claim, and guide a plaintiff along the way.
Learn More From a Bear Child Injury Attorney
No parent wants to see their child hurt. When someone else’s negligence causes an injury , you should consider bringing a compensation claim to offset costs and find some measure of justice.
A Bear child injury lawyer from Doroshow, Pasquale, Krawitz & Bhaya can provide the legal knowledge and the support you need to bring your claim. Contact our office for a consultation on your case.