When a child is injured because of someone else’s negligence, the effects can be overwhelming for the entire family. Parents are suddenly faced with difficult questions about their child’s health, recovery, and future, often while managing unexpected financial strain and adjusting to a new reality. During this challenging time, having trusted legal guidance can make all the difference.
At Friedman Schuman Layser, P.C., we are dedicated to helping families seek justice for their children. Our experienced injury attorneys are here to advocate for your rights and work to secure fair compensation for medical expenses, ongoing care, lost income, and other damages. Call our office today to schedule a confidential consultation with an experienced Fort Washington child injury lawyer.
What Are the Most Common Causes of Child Injuries?
When it comes to children sustaining the kind of injuries that warrant legal action, the most frequent causes can include the following:
- Car accidents, often involving distracted or reckless, speeding, or drunk drivers
- Medical malpractice, including injuries sustained during childbirth such as, oxygen deprivation, delayed C-sections, or negligent delivery, which can lead to conditions such as cerebral palsy or brain damage
- Premises liability lawsuits, such as accidental drowning in swimming pools, injuries from unsafe playground equipment, trampolines, or other unsafe conditions
- Daycare, school, or school bus accidents resulting from negligent supervision, failure to meet safety regulations, or unsafe conditions
- Product liability suits, originating from defective toys, faulty equipment, unsafe furniture, or other products, which are inherently dangerous and can harm children
- Severe burns caused by hot liquid, hot surfaces, or open fires
Our seasoned Fort Washington child injury attorneys can investigate the incident to determine the cause of the injury, who the liable party is, and gather the crucial evidence needed to prove fault.
Establishing Fault for a Child’s Injury
Establishing fault in lawsuits involving children can often require proving each element of negligence. These cases frequently follow the same core principles as those involving adults. However, you should keep in mind that minors under 18 cannot file a claim on their own because they are not legal adults, and usually lack the judgment and experience to protect their interests. Either a minor must wait until they are 18 years old, or, as a parent or guardian, you can file the claim on your child’s or children’s behalf.
There are four elements that factor into establishing fault. The first element of liability is the “duty of care.” For example, a driver has a legal responsibility to follow traffic laws and prevent harming others. The second element is “breach.” Using this same example, a breach in the duty of care can be proven by showing that a driver ran a red light or was texting at the time of the collision.
The third element is “causation,” and requires proving that the defendant’s actions were at least partly the cause of the damages and that the accident was foreseeable. The last component is “damages.” To assess the damages, your case must show the court that your child or children suffered actual harm, often with evidence such as medical records or hospital bills.
Filing Deadline
The state of Pennsylvania has a strict two-year statute of limitations for most negligence and personal injury lawsuits. Under 42 Pennsylvania Code § 5524, this two-year period begins on the day the injury occurred. However, in the case of minors, the statute of limitations does not begin running until your child turns 18, which gives you until they turn 20 to initiate legal action.
Parents or guardians may also file on their child’s behalf. Our child injury lawyers in Fort Washington can answer your questions about the process and statutes, and handle the legal work on your behalf to ensure compliance.
Contact a Dedicated Child Injury Attorney in Fort Washington
You have the right to pursue fair compensation if someone else’s negligent actions caused your child harm. At Friedman Schuman Layser, P.C., our child injury attorneys work to hold negligent parties accountable and pursue compensation to support your child’s recovery and future.
Call our office today to schedule a consultation with a skilled Fort Washington child injury lawyer to learn more. Our firm and experienced attorneys take cases across Pennsylvania.