Child Injury Attorneys
When a child is seriously injured, the consequences can affect the entire family. Parents may suddenly face emergency medical treatment, ongoing rehabilitation, time away from work, and uncertainty about whether their child will make a complete recovery.
Children can be injured in motor vehicle accidents, falls, unsafe properties, defective product incidents, daycare accidents, medical errors, and many other circumstances. While some childhood accidents are unavoidable, others occur because an individual, business, property owner, healthcare provider, or other party failed to take reasonable precautions.
When another party's negligence causes a child's injury, parents may have the right to pursue a personal injury claim on their child's behalf. At The Law Office of Todd I. Siegel, we represent children and families throughout New Jersey in serious personal injury matters and help parents understand the legal options available following a preventable accident.
Common Causes of Child Injuries
Children depend on adults, businesses, schools, property owners, healthcare providers, and others to provide reasonably safe environments. Because children may not recognize dangerous conditions themselves, appropriate supervision and safety precautions can be especially important.
Child injury claims may arise from:
Car and truck accidents
Pedestrian accidents
Bicycle accidents
School bus accidents
Slip and fall accidents
Playground accidents
Daycare and childcare negligence
Swimming pool accidents
Drowning and near-drowning incidents
Choking and strangulation
Dog bites and animal attacks
Defective toys and children's products
Burns
Sports and recreational accidents
Medical malpractice
Birth injuries
Unsafe property conditions
Falling objects
Other preventable accidents
Determining whether someone is legally responsible requires examining how the accident happened, what safety measures were in place, and whether reasonable steps could have prevented the injury.
Serious Injuries Affecting Children
Children can suffer many of the same injuries as adults, but the consequences may be different because their bodies and brains are still developing. A serious injury can potentially interfere with physical development, education, cognitive abilities, and future independence.
Childhood injuries may include:
Traumatic brain injuries
Concussions
Anoxic and hypoxic brain injuries
Spinal cord injuries
Broken bones
Burns and permanent scarring
Nerve damage
Internal organ injuries
Eye and vision injuries
Hearing loss
Choking and strangulation injuries
Drowning-related injuries
Birth injuries
Permanent physical disabilities
Some injuries are immediately apparent. Others, particularly brain and developmental injuries, may become more noticeable as the child gets older.
Child Brain Injuries
Brain injuries are among the most serious injuries a child can experience. A child's developing brain may be affected by direct trauma, violent movement of the head, or a lack of sufficient oxygen.
Traumatic brain injuries may result from motor vehicle accidents, falls, sports accidents, pedestrian collisions, and other forms of trauma. Brain damage can also occur when choking, strangulation, drowning, birth complications, or other events deprive the brain of oxygen.
Potential long-term effects can include problems with memory, concentration, speech, movement, learning, behavior, and emotional regulation.
Children with severe brain injuries may require extensive medical treatment, rehabilitation, specialized education, and assistance throughout adulthood.
Child Injuries Caused by Motor Vehicle Accidents
Car accidents are a significant source of serious injuries to children. A child may be injured as a passenger in a vehicle or as a pedestrian or bicyclist struck by a negligent driver.
Potential injuries include head trauma, broken bones, spinal injuries, internal injuries, burns, cuts, and permanent disabilities.
When another driver's negligence causes an accident, a claim may be pursued to recover compensation for the child's injuries and related losses. Depending on the circumstances, additional parties may also share responsibility.
Daycare and Childcare Injuries
Parents trust daycare centers, schools, camps, babysitters, and other childcare providers to appropriately supervise their children and maintain reasonably safe environments.
Accidents may raise questions about negligence when they involve:
Inadequate supervision
Unsafe playground equipment
Dangerous toys or objects
Choking hazards
Accessible cords or strangulation hazards
Unsecured furniture
Unsafe sleeping environments
Failure to follow food or allergy restrictions
Failure to respond appropriately to a medical emergency
Dangerous premises
Inadequate staff or safety procedures
A child's injury at a daycare or school does not automatically mean the facility was negligent. The circumstances should be investigated to determine whether appropriate supervision and safety measures were provided.
Injuries Caused by Defective Children's Products
Manufacturers have a responsibility to produce products that are reasonably safe for their intended and foreseeable uses. Defective or improperly designed children's products can create serious hazards.
Potentially dangerous products may include:
Toys
Cribs and bassinets
High chairs
Strollers
Car seats
Clothing
Furniture
Playground equipment
Children's recreational products
Products containing small parts or choking hazards
A product liability claim may arise when a dangerous design, manufacturing defect, or inadequate warning causes a child's injury.
Parents should consider preserving the product and its packaging following an accident rather than throwing it away or attempting to repair it, as it may become important evidence.
Swimming Pool and Drowning Injuries
Swimming pools, lakes, beaches, and other bodies of water can present serious dangers to children. Drowning can happen quickly, and children who survive a near-drowning incident may suffer permanent brain damage caused by oxygen deprivation.
Potential negligence may involve inadequate supervision, missing or defective barriers, unsafe pool conditions, improperly maintained equipment, or violations of applicable safety requirements.
Children who survive serious drowning incidents may require extensive neurological care and rehabilitation and, in severe cases, lifelong assistance.
Medical Malpractice and Birth Injuries Affecting Children
Children can also suffer injuries when healthcare professionals fail to provide care that meets the applicable medical standard.
Potential cases may involve:
Failure to diagnose a serious condition
Medication errors
Surgical errors
Anesthesia complications
Failure to appropriately monitor a child
Delayed treatment
Birth injuries
Failure to respond to fetal distress
Delayed C-sections
Oxygen deprivation during childbirth
Not every unfavorable medical outcome constitutes malpractice. A medical malpractice claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care and that this failure caused or contributed to the child's injury.
The Long-Term Impact of a Serious Childhood Injury
One of the most important considerations in a child injury case is how the injury may affect the child's future.
A child who suffers a permanent injury may require medical treatment and support for decades. Future needs may include:
Additional surgeries and medical treatment
Physical therapy
Occupational therapy
Speech and cognitive therapy
Specialized education
Assistive devices
Home modifications
In-home assistance
Long-term personal care
Vocational assistance
A serious injury may also affect the child's future ability to work, live independently, participate in activities, or enjoy the same quality of life they otherwise would have experienced.
For this reason, a child injury claim should consider not only expenses already incurred but also the potential lifetime consequences of the injury.
Who Can Be Held Responsible for a Child's Injury?
Liability depends on how and where the injury occurred. Depending on the circumstances, responsible parties may include:
Negligent drivers
Property owners
Businesses
Daycare centers
Schools or camps
Childcare providers
Healthcare professionals
Hospitals and medical facilities
Product manufacturers
Contractors
Other individuals or entities whose negligence contributed to the injury
Some cases involve more than one responsible party. Investigating the accident and preserving evidence can be important to determining exactly what happened and who may be legally responsible.
Compensation in a Child Injury Case
When another party's negligence causes a child's injury, compensation may be available for the resulting losses and the child's future needs.
Depending on the circumstances, damages may include:
Past and future medical expenses
Rehabilitation and therapy costs
Long-term care
Specialized education
Assistive equipment
Future loss of earning capacity
Pain and suffering
Permanent disability
Scarring and disfigurement
Loss of enjoyment of life
Other damages available under New Jersey law
Because the full consequences of an injury suffered during childhood may extend well into adulthood, accurately evaluating future damages can be especially important in these cases.
How Long Do You Have to File a Child Injury Claim in New Jersey?
New Jersey has deadlines governing when personal injury and medical malpractice lawsuits may be filed. Claims involving minors can involve different rules and exceptions than claims involving adults, and certain circumstances may affect the applicable deadline.
Families should not assume that they have an unlimited amount of time simply because the injured person is a child. Evidence can disappear, witnesses can become difficult to locate, and additional notice requirements or deadlines may apply depending on who is responsible for the injury.
Speaking with an attorney as soon as reasonably possible can help families understand the deadlines that may apply to their particular case and preserve important evidence.
Contact a New Jersey Child Injury Attorney
When your child has been seriously injured, your priority is making sure they receive the medical treatment and support they need. At the same time, families deserve to understand how the accident occurred, whether it could have been prevented, and who may be legally responsible.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. We handle serious personal injury matters and work to help families pursue the compensation available when negligence causes preventable harm.
If your child was injured because of another person's, business's, property owner's, healthcare provider's, or other party's negligence, contact The Law Office of Todd I. Siegel to discuss your child's case and learn more about your legal options.
