Can We Take Legal Action if Our Child is Injured?
If your child is injured because of another party’s negligence or intentional act, you may be able to pursue an insurance claim or lawsuit for compensation for that injury. There are some unique requirements for these legal actions, but overall, the issues and laws involving these cases are the same as if an adult is injured.
What Types of Injuries Could Be Covered?
Not all injuries, whether to a child or an adult, are worth an insurance claim or lawsuit. They may be minor, or the injured party may be mostly or completely at fault, so the potential recovery is too small to justify the expense and effort needed in these cases.
However, legal action may be worth considering if an injury is severe or fatal and another party played a role in causing it. These types of injuries include those caused by the following:
- Vehicle accidents: If your child is in a vehicle involved in an accident and injured, they can be compensated for the harm they suffer. Often, a defense in vehicle accident cases is that a party is at least partially to blame for the crash. If your child is a passenger and in a car seat or belted in, there’s nothing they could’ve done to prevent the accident or their injuries. The party responsible for the injuries may be the one driving the vehicle your child was in, the driver of another car, or a party that’s responsible for dangerous conditions that led to the accident
- Pedestrian and bicycle accidents: If your child is struck by a vehicle, they may suffer life-altering injuries. You must teach your child about safety and how to walk and bike on roads. If the accident is the result of your child darting out into the street without looking, you may have a difficult case to prove. Kentucky law requires those under 12 to use bike helmets. If they suffer head injuries and aren’t using one, the driver may not be held responsible, or the damages award may be limited. Even if they’re 12 or older, the fact they’re not using a helmet could be used against them
- Crimes, including sexual assault: If your child is injured (physically or emotionally) due to a crime, the perpetrator and others may be held accountable. If your child is being supervised by a school, church, or other organization that’s negligent in screening its employees or volunteers or fails to manage them properly, and your child is sexually abused or assaulted, that church, organization, or school may be liable for the harm they cause. If your child is attacked at school by another student, their parents and the school might be responsible
- Slip and fall: Property owners and those running commercial businesses must keep their premises safe for all those using them. If they fail to take proper precautions or actions to repair a dangerous situation and your child falls and is seriously injured, they may be held liable
- Dog bites: Dog owners are responsible for the injuries their dogs cause. Children are especially vulnerable to serious injuries caused by an aggressive dog
- Drowning: If your child is with others and is swimming in a pool or lake, if those supervising or hosting them are negligent, they may be liable for the harm they cause. This also applies to water parks that are paid to provide a safe environment for customers
- Medical malpractice: Serious medical mistakes can affect a patient for as long as they live. For a child, that impairment or disability could last for decades and impact their ability to do well at school, earn an income, socialize with others, and their overall quality of life
- Participation in sports: Some sports, even when correctly played, carry a risk of injury. That doesn’t mean your child has no rights if they’re injured. If another player goes well beyond the rules and hurts your child, or referees look the other way when play becomes dangerous, there may be a basis for legal action. Coaches may also be responsible if they put players in danger by having them play when they’re injured, don’t allow them to hydrate, ignore their medical needs, or encourage dangerous and violent play
Like all personal injury claims, those involving children are based on the facts of the situation that led to the injury. After we’re retained, we will thoroughly investigate what happened, why, and who’s responsible. That can be difficult, if not impossible, for a parent to effectively do on their own.
If your child is involved in an organized sports league or event, you may have signed a waiver of your legal rights before they could participate. That waiver shouldn’t prevent you from contacting us and discussing what happened because it may or may not be enforceable.
Speak To A Personal Injury Attorney Today
If someone else’s negligent or intentional acts injured your child, Satterley & Kelley PLLC attorneys are here to help. We will be with you every step of the way, protecting their best interests and ensuring your child gets the compensation they deserve. You do not have to deal with this alone.
To take advantage of a free initial consultation where you can discuss what happened and your legal rights, call our office in Louisville at 502-589-5600 (toll-free at 855-385-9532). You may also complete our contact form if it’s more convenient.