Child Injury Lawyer

Every year, millions of children suffer from serious injuries due to accidents or neglect. In these cases, an experienced child injury lawyer can be invaluable in helping families seek the justice and compensation they deserve. At The Law Offices of John M. McCabe, we understand how hard it is for parents and caregivers to cope with a child's injury, and we have the legal knowledge to fight for the rights of injured children.

What Is a Child Injury Lawyer?

A child injury lawyer is a legal professional with experience in representing children and their families in cases involving injuries to minors. Their primary role is to seek justice and compensation for children who have been harmed due to someone else's negligence or wrongful actions. These attorneys also recognize the importance of approaching child injury cases with sensitivity and compassion, as children may experience both physical and emotional trauma. They are well-versed in the unique legal considerations surrounding child injury claims, such as statutes of limitations and legal liability.

Understanding Child Injury Cases

Child injury cases encompass a broad spectrum of circumstances where a minor has been harmed due to someone else's negligence, recklessness, or wrongful actions. These cases can be emotionally challenging and legally complex, as they involve not only the child's physical well-being but also their emotional and psychological recovery.

Common Causes of Child Injuries

Child injuries can result from various causes, including but not limited to:

• Accidents: These may occur at home, school, in a motor vehicle, or in public places. Common accidents include falls, burns, choking incidents, and sports-related injuries.
• Medical Malpractice: Errors in medical treatment, misdiagnosis, or surgical mistakes can lead to severe child injuries.
• School-Related Incidents: School injuries can result from playground accidents, bullying, or negligence on the part of the school staff.
• Daycare Accidents: Inadequate supervision, unsafe facilities, or neglect in daycare centers can cause harm to children.
• Defective Products: Children can be injured by faulty toys, car seats, or other products designed for their use.

Types of Child Injuries

Child injuries can range from minor cuts and bruises to severe, life-altering conditions. Common types of child injuries include:

• Broken Bones and Fractures: Falls and accidents can lead to broken bones, which often require medical attention and treatment.
• Head Injuries: Trauma to the head, including concussions, can have long-term effects on a child's development.
• Burns and Scalds: These injuries often result from hot liquids or open flames and can lead to disfigurement and scarring.
• Soft Tissue Injuries: Sprains, strains, and bruising can result from various accidents.
• Internal Injuries: Injuries to internal organs may occur in severe accidents.

Legal Aspects of Child Injury Cases

Child injury cases involve intricate legal aspects, and it's essential to navigate them carefully. These aspects include:

• Statute of Limitations: There are specific time limits within which a child injury case must be filed. These limits vary based on the case's nature and the child's age.
• Child Advocacy: Special rules and procedures exist to protect the rights of minors in legal proceedings.
• Parental Rights: Parents or legal guardians often represent the child's interests and act as plaintiffs in child injury cases.
• Insurance Companies: Child injury claims may involve negotiations with insurance companies, and having an experienced attorney can be crucial for fair compensation.
• Recovery Needs: Child injury cases may require compensation for ongoing medical care, therapy, and emotional support, and a knowledgeable attorney can help ensure these needs are addressed.

Understanding the causes, types, and legal aspects of child injury cases is vital in providing proper representation and support for injured children. Contact our knowledgeable child injury attorneys today if your child has been injured due to someone else's negligence.

Damages for Child Injury Cases

Child injury cases can result in various types of damages, aimed at compensating the child and their family for the physical, emotional, and financial repercussions of the injury. Here are some of the primary types of damages that can be pursued in child injury cases:

Medical Expenses

This includes compensation for all past and future medical costs related to the injury. These costs may encompass hospitalization, surgeries, doctor's visits, therapy, prescription medications, and any necessary medical equipment.

Pain and Suffering

Children who have suffered injuries often endure physical pain and emotional distress. Damages for pain and suffering aim to provide compensation for the child's physical discomfort and the emotional trauma they have experienced.

Permanent Disability

In cases where a child sustains a permanent disability that affects their future prospects, compensation may be awarded to account for the reduced quality of life and future lost earnings.

Rehabilitation and Therapy

Many child injuries require ongoing therapy and rehabilitation. Damages can cover these expenses to ensure the child receives the necessary care.

Loss of Earnings

In cases where a child's injury results in long-term consequences that affect their future earning potential, damages can account for this loss.

Care and Assistance

If the child needs ongoing care and assistance due to their injury, such as in-home nursing or personal care attendants, damages can cover these costs.

Legal Costs

The legal expenses associated with pursuing a child injury case can also be part of the damages awarded.

It's crucial to work with experienced child injury lawyers to ensure that all potential damages are considered and pursued. Contact The Law Offices of John M. McCabe for a free consultation.

Proving Negligence in a Child Injury Case

To successfully pursue a child injury case, it must be proven that the responsible party acted negligently and caused the injury. Negligence occurs when an individual or organization fails to act as a reasonable person would under similar circumstances. Proving negligence in a child injury case is essential for holding the responsible party accountable and seeking compensation.

1. Establish Duty of Care: The first step in proving negligence is to demonstrate that the defendant owed a duty of care to the child. Duty of care means the legal obligation to act reasonably to prevent harm. In many child injury cases, this duty can arise from common standards of care, such as schools ensuring student safety.
2. Show Breach of Duty: To prove negligence, it must be shown that the defendant breached their duty of care. This breach can occur through an act of negligence, such as failing to properly maintain a playground or not following safety protocols.
3. Demonstrate Causation: Causation is a crucial element. You need to establish that the defendant's breach of duty was the direct cause of the child's injury. This typically requires showing that, but for the defendant's negligence, the injury would not have occurred.
4. Provide Evidence: Collect evidence to support your claim. This may include photographs, witness statements, expert testimonies, accident reports, medical records, and any other relevant documents.
5. Prove Damages: In a child injury case, it's crucial to prove that the child suffered damages. Damages can include medical expenses, pain and suffering, emotional distress, and any other losses incurred as a result of the injury.
6. Consult with Experts: Expert witnesses, such as medical professionals, engineers, or child psychologists, can provide essential testimony to support your case. They can explain the extent of the child's injuries and the defendant's negligence.
7. Establish Foreseeability: To strengthen your case, demonstrate that it was foreseeable that the defendant's actions or inactions could lead to the child's injury. For example, if a school neglected to fix a broken swing, it should have foreseen that this could lead to accidents.
8. Negotiate or Litigate: After gathering evidence and building a strong case, consider negotiations with the defendant or their insurance company to seek a settlement. If a fair settlement cannot be reached, you may need to file a lawsuit and litigate the case in court.
9. Seek Legal Counsel: Consult with an experienced child injury attorney, such as from The Law Offices of John M. McCabe. We can help you navigate the legal complexities, guide the case, and advocate for your child's rights. Our expertise is invaluable in establishing negligence and pursuing a successful claim.

Proving negligence in a child injury case can be challenging, but with the right evidence and legal representation, you can seek justice and compensation for your child's injuries. It's crucial to consult with a knowledgeable attorney who can assess the specifics of your case and provide guidance throughout the legal process.

Contact The Law Offices of John M. McCabe

If your child has suffered an injury, contact The Law Offices of John M. McCabe for legal advice and representation. We understand the complexities of child injury cases and can help you build a strong claim against the negligent party. Our experienced attorneys have extensive knowledge in personal injury law and can provide comprehensive legal assistance throughout the entire process to pursue justice and the best possible outcome. Contact us today for a free consultation.

Raleigh Child Injury Attorney FAQs

Who can file a lawsuit?

In the state of North Carolina, minors cannot bring up a lawsuit on their own. However, their parents or guardians may file a lawsuit.

How is compensation awarded in child injury cases?

Compensation can be awarded through insurance settlements, negotiated agreements, or court judgments, depending on the specifics of the case.

What is the statute of limitations in North Carolina?

Once the child reaches the age of 18, they have three years to file a lawsuit.

How can a child injury attorney help me?

Child injury lawyers help by investigating the circumstances, collecting evidence, dealing with insurance companies, filing lawsuits if necessary, and advocating for fair compensation.

What should parents do if their child is injured due to someone else's negligence?

Parents should seek immediate medical attention for their child. After that, it's advisable to consult with a child injury attorney to explore their legal options.