What every parent needs to know about child injuries and legal options

January 12, 2023

What every parent needs to know about child injuries and legal options

Parents always do everything they can to keep their children safe, but the reality is that every accident has the potential to result in an injury that sends you racing to the nearest hospital. Children are more likely than adults to sustain injuries due to factors like inexperience, a lack of knowledge, and being unsupervised.


A child injury claim is a type of legal claim in which the plaintiff seeks compensation for the injuries suffered by the child. Minors are unable to file a claim or appear in court, so their parents or legal guardians must do so on their behalf. A child’s injury can have long-term physical and emotional consequences for the child. As a result, you and your attorney must ensure that the compensation you receive is fair.

What are the causes of child injury cases?

Child injuries are preventable, but they remain the main cause of death among children.

Some of the causes of child injuries include:


  • Motor vehicle accidents are the leading cause of injury for teen drivers and riders in the United States. It can occur whether the children are pedestrians, cyclists, passengers, or drivers.
  • Suffocation is the most common cause of infant injury death. It happens as a result of strangulation or choking on food or other objects.
  • Bites and stings are the third most common reason for ER visits in children aged 0-9 and can range from a bee sting to a dog bite.
  • Falls are the most common type of injury among children aged 0 to 19, with approximately 8000 children treated in U.S. emergency rooms each day for fall-related injuries. Knowing how to handle them is vital.
  • Drowning is the leading cause of death among children aged 1-4 years.
  • Thermal burns occur when children are left in the presence of flames, hot metals, or liquids.
  • Poisoning or drug overdose can occur as a result of accidental poisonings such as exposure to carbon monoxide or even swallowing inedible products like shampoo or cleaning products, or consuming drugs in excess of the prescribed limit.
  • Cuts and puncture wounds are usually caused by something else, like a fall or a car accident.


5 things to know about child injuries and legal options

Establishing negligence

Negligence is defined as failing to act with the level of care that should be exercised to avoid injuries. This will be used to determine whether the defendant failed to meet his or her duty to prove liability to the plaintiff. It is also determined by the injury to the child, which can be physical harm or emotional distress.


The right to seek damages

If your child has been injured due to the negligence of another, you have the right under Arizona law to seek compensation for some type of damage. In a damages claim, the defendant may be held liable to pay for necessary medical and other expenses.


Statute of limitations for injury to a child

It goes without saying that this does not apply to those over the age of 18. Moreover, the deadline for filing a lawsuit for child injuries is within 2 years of the child’s 18th birthday.


Settling a child injury claim

Personal injury claims are frequently settled out of court. Settlements are sometimes reached before any action is filed, but pretrial settlements are more commonly reached after a lawsuit is initiated. This may occur when it becomes clear that the defendant is liable, at fault, or when the injury is severe.


Special legal considerations in a child injury claim

Damages are given based on how much the plaintiff was to blame for the injury. If the plaintiff is found to be less than 50% responsible for the injury, they will be given damages. This is known as comparative negligence, and the jury must consider the child’s individual, subjective capability as well as whether the child should be considered comparatively negligent.

Why you need a child injury lawyer

If you feel that negotiations are not progressing as you had hoped, you should consult with a personal injury lawyer, especially if

  • You are demanding compensation for serious injuries and pain and suffering in excess of a few thousand dollars. When claimed damages total tens of thousands of dollars or more, an insurance adjuster is unlikely to take an unrepresented claimant seriously.
  • You are suing for future damages. If you are claiming lost future income or the costs of future medical treatment, you may want to hire an attorney to effectively work that into a settlement.
  • There is a question of fault. If there is any doubt about who was at fault for the underlying accident, you may need the assistance of an attorney to properly craft your argument.

Schenk PodolskyPersonal Injury Lawyers, Mesa Arizona

If you’re considering taking a personal child injury case to court, it’s a wise decision to speak with an attorney to discuss your options. To learn more about your legal options as a parent for a child injury claim, schedule a free consultation with Schenk Podolsky Attorneys at Law, the best injury lawyers in Mesa, Arizona.