When a child suffers a birth injury or is involved in an accident, it is an extremely stressful time for parents. Sometimes their focus can be completely on the welfare of their child that it overshadows their ability to consider legal proceedings. Nevertheless, despite the additional complexities of claiming compensation in child personal injury cases, if parents feel they have a case, they should, without doubt, pursue it with the help of an Atlanta, Georgia personal injury lawyer.
One of the most important reasons parents have for making a child personal injury claim is to ensure they have sufficient funds to compensate for the expenses incurred. Additional medical costs, a need for counseling or simply extra tuition fees to keep the child on top of their education can all accumulate very quickly following a personal injury accident. Seeking legal recourse when an accident has taken place is the most effective way of allowing parents to ensure their child received all of the medical attention they need without breaking the bank.
Below, we take a closer look at the most common types of child personal injury claims:
Injury Caused by Children’s Toys
A very common claim in child personal injury cases is for unsafe or defective toys that can cause choking or physical harm. No parent wants to harm their child by letting them play with defective toys, yet, such accidents can happen. Naturally, the first thing to do when your child has been hurt by a defective toy is to seek medical assistance. Make sure you explain to the doctor just how the injury happened and what toy your child was using at the time. This information will be added to their medical report which could greatly help your case. If you have the receipt and packaging for the toy, that’s going to be valuable to your claim, particularly if you still have the original instructions accompanying the product. Once you have gathered this information together, you are ready to make your personal injury case.
Accident at School or Daycare
It is not unusual for children to have accidents while in a registered educational center or facility. Accidents happen all the time on the playground, although sometimes they can be caused as a result of the staff’s negligence. In all cases, the first step is to report the incident to the management of the daycare center, and again, you then need to collect certain pieces of information, such as:
- A photograph of the child’s injury
- The names of any witnesses to the accident and staff members on duty at the time
- A photograph of where the accident took place and CCTV footage (if available)
- Receipts for any accident-related medical costs and associated expenses
Accidents in Public Playground and Parks
There can be a few causes of accidents involving children in public spaces such as playgrounds, including:
- The area was poorly maintained by the owner of the space, and the correct level of safety for children using the area was not provided.
- The injury was the direct result of the actions of a staff member at the location.
- There was not a sufficient standard of hygiene where food was offered at the public space.
Injuries that can be sustained at birth such as cerebral palsy or brain, spinal cord or hip/shoulder injuries can be the direct result of the negligence of qualified staff in managing the mother’s pregnancy. Often these kinds of injuries can be caused by a prolonged labor, and it is the responsiveness of medical staff present that can determine whether the baby will suffer an injury during birth.
Naturally, injuries involving newborn babies can be extremely stressful for parents, particularly if the baby is their first. Often, in the emotional chaos that can surround these events, what actually happened can be lost in the mists of confusion, making it even more important to gather detailed evidence of what took place to file a personal injury case. If this sounds like your situation, then an experienced personal injury attorney can help you find the evidence you need to file a claim.
Making a Claim for Child Personal Injury in Atlanta, Georgia
Bethune Law is a practice with considerable experience in the field of personal injury cases, in particular child personal injury. We understand that when a child has been involved in an accident through no fault of their own, the parents suffer considerable stress. Reaching out for legal support is one of the first steps you should take if you wish to pursue a child personal injury claim because then you are alleviated from having to deal with excessive paperwork at a difficult time. For more information on how to file your personal injury case for a minor, contact Bethune Law in Atlanta, Georgia today.