Since 1948, CCD Law has helped Spokane injury victims with the legal process. When your child gets hurt in an accident, it can be difficult to know where to turn. Our Spokane personal injury lawyers can help. Contact us today for a free consultation to learn more about you and your child’s legal options.
When Should You Hire a Lawyer?
In some ways, it’s more difficult than if you get hurt yourself. Most of the time though, when your child is hurt in an accident, you’ll be hurt too. Regardless of the circumstances, whether or not you should hire our lawyers depends on you and your child’s needs. Any accident can leave your child hurt, but the injuries can vary. If their injuries are minor, you probably don’t need to take legal action. However, in the event that the accident is more serious, our team can help.
We can explain the legal process, help you gather evidence, investigate what happened, and simply make things easier for your family. We work on a contingency-fee basis, meaning there’s no upfront cost for our services.
Injuries and Damages in a Claim
Most people dread the thought of their child being injured in an accident, but sadly, it’s a common occurrence. Considering the various types of accidents that can happen, it’s evident why children are particularly susceptible. Several factors contribute to their vulnerability:
- Their growing bodies provide less protection.
- Due to their developmental stage, they may not recognize dangers, especially in unfamiliar surroundings.
- Their curiosity and impulsive behavior can lead them to overlook hazards.
- Inadequate supervision increases the likelihood of engaging in risky behaviors and accidents.
In terms of injuries, these above factors play into things, but so too do the circumstances. The fact is, children are just as vulnerable and susceptible to any type of injury. That said, there are some that are more common, like:
- Broken bones
- Burns
- Brain or head injuries
- Spinal injuries
- Internal organ damage
- Cuts and bruises
Damages in a Claim
The nature of your child’s injuries is also important when deciding to take legal action, because it’s the extent of their injuries–and implications for them–that will go a long way in determining their damages in an injury claim. Whether you decide to file an insurance claim or personal injury lawsuit on behalf of your child, you can potentially recover the following:
- Past and future medical expenses
- Lost earning potential
- Scarring/disfigurement
- Property damage
- Ongoing care needs and out of pocket expenses
- Loss of companionship or quality of life
- Pain and suffering
- Emotional distress
- Wrongful death expenses
In a child injury claim, there’s an important difference in the time limit for taking legal action. It’s still three years, but it starts when the child turns 18.
What You Need to Do After a Child Injury
Facing a situation where your child is injured in an accident can be very traumatic, especially if you witness it happen firsthand. Still, just like any other accident, there’s a few things that you need to do to protect your child’s health and legal options:
- Get help – If your child is hurt or you’re not sure how bad it is, call 911. Explain what happened and follow their instructions. If you know first aid and it’s safe, help your child until medical help arrives.
- Get to safety – If the accident is in a dangerous place, like a busy street or near a fire, move your child to somewhere safer. But if they’re really hurt, don’t move them unless they’re in danger.
- Stay calm – Let your child know help is coming and try to keep them calm. Stay with them until paramedics arrive, giving them comfort and support.
- Gather information – Find out what caused the accident and if anyone saw it. Take pictures of injuries and damage if you can. This could be useful later on.
- Get further medical care – Once the situation is stable, take your child to a doctor, emergency room, or urgent care. This will handle any more extensive injuries.
Where do children get hurt?
Part of being prepared for an accident involving your child means knowing where they happen. Generally speaking, an accident where your child gets hurt can happen anywhere. That said, the fact is that there are certain spots where a child is more likely to be injured:
- Schools – Children spend a significant amount of time at school, where injuries can occur in various areas such as the school grounds, playgrounds, and even on school buses. Everything from slips and falls to altercations can result in a child getting hurt while at school.
- Homes – Despite being familiar environments, homes can harbor various dangers leading to child injuries, such as burns from hot surfaces or liquids, ingestion of harmful substances, drowning incidents, cuts from sharp objects, choking hazards, or accidents involving household items like sharp objects or chemicals.
- Daycare centers – Similar to schools, daycare centers pose risks for children, including falls from play equipment, burns from hot surfaces, or choking incidents during meal times.
- Playgrounds – Designed for enjoyment, playgrounds can unfortunately become sites of accidents, including falls from equipment or entanglement in structures.
- Stores – Many children get hurt at stores while shopping with their family. Uneven flooring and accidents in play areas can cause falls and injuries in stores. Additionally, interactions with other shoppers can also lead to injuries.
- Churches – Often serving as community hubs, churches can also be settings where children may sustain injuries during activities or events.
- Parks – While parks offer opportunities for outdoor exploration and play, they also present hazards such as falls on uneven terrain, injuries from sports activities, or allergic reactions to insect stings.
Like any situation, a child can be hurt for a variety of reasons. This is true no matter where it happens, but the location of the accident is usually very telling in terms of the legal responsibility for the accident itself–and your child’s resulting injuries.
Liability For Child Injuries
In legal terms, liability for a child’s injuries in an accident is figured out the same way as any other accident: establishing negligence. Basically, a child has the same rights as any other injury victim, meaning property owners or management have a duty of care to them just like they do anyone else.
So, a number of different parties could share in the liability for your child’s accident and injuries in Spokane, including:
- Schools and their boards of education – If your child gets hurt at school because of something unsafe, like broken equipment or lack of supervision, the school or the board of education that manages it could be responsible.
- Churches or religious groups – If your child gets injured during church activities due to negligence, like not keeping the area safe, the church and overarching organization might be responsible.
- Homeowners or landlords – If your child is hurt on someone else’s property because it’s not safe, like if there are hazards or dangers, the owner could be responsible.
- Store owners – If your child gets hurt in a store because it’s not safe, like if there are slippery floors or things falling, the store owner could be responsible.
- Vehicle drivers – If your child is hurt in a car accident, and it’s because the driver was careless, like speeding or not paying attention, the driver could be responsible.
- The City of Spokane or State of Washington – If your child is hurt on public property, like in a park or on a sidewalk, and it’s because the area wasn’t safe, the city or state might be responsible.
- Product manufacturers – When your child gets hurt by something they used, like a toy or furniture, and it’s because the product is dangerous or defective, the company that made it could be responsible.
Establishing liability is very important, because it sets the legal course for who actually pays for your child’s damages. While this heavily depends on the circumstances and their injuries, it’s important to know what to look for in these situations. Facing this situation is always challenging, but you and your child can count on our team for support throughout the process.
Count on CCD Law For Support After Your Child is Injured in Spokane
It’s hard to overstate just how challenging it is when your child is injured in an accident. Not only do you probably have to deal with your own injuries, but watching them struggle is often more difficult. At CCD Law, our Spokane personal injury lawyers understand this struggle and will be there to help your family. With our experience and dedication, we can guide you through the legal process and make sure your child has what they need to recover and grow. To get the process started, contact us today for a free consultation.
