Kansas City Child Injury Lawyer
By their nature, children are curious and vulnerable. They are eager to explore but do not understand the dangers and risks that exist around them. As a result, adults are responsible for keeping them safe from harm. If your child has been injured due to the negligence or fault of another, please know that you are not alone. Our Kansas City child injury lawyer is here to help.
It is impossible for any parent to be with their child 100% of the time, which is why we have laws and regulations aimed at helping protect children from harm. For example, when a parent drops a child off at school, the parent trusts the school to provide a safe environment for their child. The same goes for day cares, playgrounds, amusement parks, cars and school buses, swimming pools or any anywhere else children may be present.
There are common laws and safety regulations designed to keep children safe in a variety of circumstances. When these laws and regulations are not followed, children can suffer serious or even fatal injuries.
Common Circumstances in Child Injury Claims
Child injuries can occur anywhere at any time and most are preventable. The CDC documents that over 9.2 million unintentional injuries to children each year require treatment in an emergency room. Below are some of the common circumstances in which a child may be injured.
- Schools and daycare centers have a special responsibility to provide a safe environment since administrators, teachers and caretakers act in place of parents (the legal term is loco parentis). This means school and daycare employees are responsible for preventing accidents that could harm students. Schools and daycare centers avoid accidents caused by their negligence in a number of ways, including by making sure the building and playground equipment are safe and hiring teachers and staff that have passed thorough background checks and have the appropriate training.
- Slips and falls are common accidents that cause physical injuries to children. Children are not always careful and when they run and play, accidents can occur. However, slip, trips and falls can also occur due to slippery floors, thickly carpeted surfaces, liquid or grease not being property cleaned, outside exposures like snow and ice, and from walking up or down stairs.
- In addition to slip and fall accidents, premises liability claims include other dangerous property conditions, like an unfenced pool, trampoline or other unprotected amusement device that could result in injury to a child. These are often referred to as an “attractive nuisance” because the owner of the premises should have known that a child would have been attracted to the dangerous property condition, even if the child was trespassing. In these circumstances, the property owner may be held liable for any injuries that result.
- Car, bicycle or school bus accidents are another common way that children are injured. Whether a child is riding in a car, bike or school bus, he or she can be injured in an accident that arises from driver distraction, error, impairment, poor equipment maintenance, or a lack of control with the children.
- Child bullying or physical abuse can occur in a variety of contexts, including at school or other public locations such as amusement parks, restaurants, resorts, on school buses, during sporting events at your child’s school or other schools, and even on social media.
- Dog bites and burns cause scaring and disfigurement that can last a lifetime. These are unfortunately common injuries for children.
- Defective products, such as toys, car seats, or other child goods, cause numerous child injuries each year. These items may be unsafe because of a flaw in the design, manufacturing or warning.
Types of Child injuries
Depending on where and how a child is injured, the type of injuries can vary significantly. Some injuries may only cause bruises, cuts or scrapes that do not require medical attention.
Other injuries may be more serious and require emergency room visits for broken bones, poisoning from toxic substances, puncture wounds from dog bites, or scaring from burns. The CDC estimates on a daily basis, over 300 children under the age of 19 are treated for burns. There are two common forms of burns, those that occur from being exposed to hot liquids or steam, and those that occur from flames, or direct contact from fire.
In severe cases, injuries can be life threatening and cause brain injuries or even death. The Center of Disease Control (CDC) notes “injuries are the leading cause of death in children ages 19 and younger.”
Injuries you cannot see are just as harmful to children as those you can see. Bullying is a major cause of harm and can create psychological injuries that will need to be treated by a professional.
What to Do If Your Child Was Injured
If your child has suffered an injury that was caused by the negligence or recklessness of another person or business, you must act quickly. It is critical that you document the accident, injuries and who may be liable. Like any personal injury claim, you must prove that the negligence of the other party caused your child’s injuries.
This is not always as simple as you think. You need to have adequate evidence that can be introduced to a court to prove your child’s damages. Otherwise, you are not entitled to compensation. To document your child's injury claim, you should:
- Take photographs of any injuries and if the injury was caused by a defective part or piece of equipment, don’t forget to take photographs of it, and measurements if necessary.
- Request your child’s medical records.
- Secure any video footage from security cameras if possible.
- Obtain witness information including address and telephone number so the witnesses may be contacted later for a full statement.
- If you need to take time off from work to deal with your child's injuries, keep records of how much time is missed from work and proof of lost wages.
- Document anything else you think may be relevant, such as anything your child says regarding the incident, what others did to assist, and if this type of incident occurred before.
- Don’t forget to check social media account for any evidence that may be there, but you should refrain from commenting on your social media accounts about the incident.
Of course, to expedite and facilitate this process, you should consider consulting with an experienced child injury lawyer. Law firms that handle child injury cases have skilled investigators and attorneys who can act quickly to preserve critical evidence and build a solid case, so you can spend valuable time with your child instead of dealing with the legal issues that arise after an injury.
Our Kansas City Child Injury Lawyer Can Help
Child injuries are traumatic events for an entire family. Accidents that result in long-term limitations or disabilities for a child are heart-wrenching tragedies. A fatal injury to child is an unfathomable event. The financial burden and emotional pain and suffering from any child injury case can be devastating.
As a result, the most important thing you can do when your child is injured is seek the advice of an experienced child injury lawyer. By having an expert legal team working for you and your family, you will gain peace of mind and feel confident in the legal process of seeking a maximum recovery for your child’s injury.
Under Kansas and Missouri law, there are certain types of compensation you may recover if your child is injured. Compensation may include payment of all past and future medical bills, ongoing treatment including counseling, lost wages for caregivers, as well as pain and suffering. In particularly egregious cases, punitive damages may be available.
Our Kansas City child injury lawyer is here to answer your questions, provide helpful information and offer guidance on next steps to consider. Call us today at 816-203-0143 for a free, confidential consultation. There is no obligation to hire our firm, and we can share our expertise and knowledge from handling child injury cases with you so you can make the best decision possible for you and your family. Contact us today.