While suffering an injury may be traumatizing and overwhelming, learning of any harm inflicted upon your child is devastating. This is especially true when these injuries are the result of another person’s actions.
Unfortunately, pursuing a personal injury case for a child involves complicated legal issues. There are specific procedures for both filing and settling a lawsuit. This process can quickly overwhelm a parent thinking of pursuing the claim without an attorney.
Our experienced child injury lawyers have an excellent track record in cases involved injured children. We have successfully handled more child injury cases than any firm in Michigan. When you choose us, we handle everything from start to finish.
- Child injury statistics
- Common child injuries and accidents
- Legal basis for child injury lawsuits
- Who can file and settle a child injury lawsuit?
Child Injury Statistics
According to the Center for Disease Control, more than 12,000 people under the age of 19 die every year in the United States from unintentional injuries. More than 9 million in that same age group are treated at hospitals for other injuries. Males have a death rate almost twice as high as females.
The leading cause of death for children was motor vehicle-related accidents. For children ages 0-4 years old, drowning is the most common accidental cause of death. Falls are the main cause of non-fatal injuries to a child. These incidents result in almost 3 million emergency department visits a year.
The line chart below shows the time series of deaths from pediatric poisoning in the United States from 1999-2016. Although deaths have a significant variance from year to year, fatal poisonings in children tend to fall between 20 and 50 every year.
Common Child Injuries and Accidents
The most common types of child injuries and accidents include:
- Motor vehicle accidents for a child injured as a passenger in a vehicle or hit by car
- Drowning in bathtubs, swimming pools, hot tubs, and at beaches
- Choking on food, toys, and other small objects
- Falls at home, school, camp, or at a playground
- Poisonings from household cleaners, lead-based paint, and other toxic materials
- Dog bites and attacks
- Dangerous and defective products
- School and daycare accidents
- Recreational activities like bicycle riding, boating, and skiing
- Sports injuries
Many children also suffer serious injuries due to medical negligence. This includes harm caused during a surgery or procedure or the failure of a doctor to diagnose and treat a serious condition. These injuries can give rise to a medical malpractice lawsuit.
The Legal Basis for Child Injury Lawsuits
Most of the same legal theories used in an adult personal injury lawsuit are used when suing for a child. The main theories are negligence, violations of statutes and ordinances, and the failure to act with ordinary care. Many cases allege intentional injuries as well.
In addition, there are other types of negligence that are unique to a child injury lawsuit. These include the failure to properly supervise the minor and the failure to act with a higher degree care for the safety of a child.
Furthermore, some children might have legal claims that cannot be filed by adults. For instance, landowners must protect even trespassing children from hazards on their property if it contains something that may draw children onto it. This is referred to as an “attractive nuisance” and includes a swimming pool or pond that had no safeguards to prevent a child from accessing the danger.
Who Can File and Settle a Lawsuit for an Injured Child?
An injured child cannot directly sue a negligent defendant for damages. A legal claim must be brought by a parent, legal guardian, or person appointed as a conservator if a child is under the age of 18 years old. The case proceeds like all other lawsuits.
If the parties agree on a settlement, it necessary to have the judge approve the settlement. The court is interested in protecting the child and make sure than any proposed settlement is fair and in the best interested of the child. In most cases, the judge approves the settlement.
Once the case settles, there are certain procedures required to protect the settlement funds. In most cases, the funds cannot be accessed by the child until the age of 18 years old. Some courts allow the parents to use funds before that age for necessary purposes, like education, housing, and medical needs. Many settlements are put into structured insurance policies for payouts later in life.
Contact our Michigan Child Injury Attorneys
If your child was injured due to another party’s careless or reckless behavior, our Michigan child injury lawyers will help you to pursue compensation. We have the skill and experience needed to win the highest possible settlement.
We do not charge any legal fee unless your child wins a settlement. We even pay the case costs.
Contact us today to tell us about your child’s injury. We start working on the case immediately.
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Southfield, MI 48034
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Detroit, MI 48226
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Detroit, MI 48226
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Ann Arbor, MI 48104
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Shelby Township, MI 48316
- Phone: (586) 250-2626