Physical Child Abuse Lawyers
Children depend on parents, caregivers, teachers, daycare providers, coaches, and other trusted adults for protection. When a person responsible for a child's care intentionally causes physical harm—or fails to protect a child from known abuse—the consequences can be devastating.
Physical child abuse can result in broken bones, burns, head and brain injuries, internal injuries, permanent scarring, emotional trauma, disability, and, in the most serious cases, death. Because children may be unable or afraid to explain what happened, abuse can sometimes continue before it is discovered.
At The Law Office of Todd I. Siegel, we represent children and families throughout New Jersey in serious injury matters. When physical abuse occurs in a daycare, school, institutional setting, or another environment where individuals or organizations may have failed to protect a child, families deserve answers about what happened and who may be responsible.
What Is Physical Child Abuse?
Physical child abuse generally involves intentionally inflicting physical harm on a child or placing a child at risk of physical harm. The New Jersey Department of Children and Families defines child abuse as physical, sexual, or emotional harm—or the risk of harm—to a person under 18 caused by a parent or other caregiver.
Physical abuse may involve:
Hitting or punching
Kicking
Shaking
Slapping
Burning
Biting
Choking or strangulation
Throwing or pushing a child
Excessive or inappropriate physical restraint
Striking a child with an object
Intentionally causing fractures or other injuries
Other acts that intentionally cause physical harm
Physical abuse should be distinguished from ordinary childhood accidents. A thorough investigation may be necessary when the nature of an injury, repeated injuries, inconsistent explanations, or other circumstances raise concerns that a child was intentionally harmed.
Signs of Physical Child Abuse
Physical abuse is not always immediately obvious. Children may attempt to hide injuries or may be frightened to explain how they occurred.
The New Jersey Department of Children and Families identifies several potential physical and behavioral indicators of abuse, including unexplained bruises, burns, fractures, and lacerations, as well as behavioral changes such as fear of adults, withdrawal, aggression, or fear of going home.
Possible warning signs include:
Unexplained bruises or welts
Injuries in unusual locations
Burns without a reasonable explanation
Multiple fractures
Injuries in different stages of healing
Cuts or abrasions
Frequent unexplained injuries
Explanations that do not appear consistent with the injury
Sudden fear of a particular caregiver
Withdrawal or unusual aggression
Anxiety about returning to a particular location
Significant changes in behavior
A child reporting that someone hurt them
No single sign necessarily proves that abuse occurred. However, unexplained injuries or concerning behavioral changes should be taken seriously.
Serious Injuries Caused by Physical Child Abuse
Children can suffer severe and potentially permanent injuries as a result of physical abuse.
These injuries may include:
Traumatic brain injuries
Concussions
Skull fractures
Broken bones
Spinal cord injuries
Burns
Choking and strangulation injuries
Anoxic and hypoxic brain injuries
Internal bleeding
Organ damage
Eye injuries
Nerve damage
Permanent scarring and disfigurement
Psychological and emotional trauma
Young children and infants can be particularly vulnerable because their bodies and brains are still developing.
A severe injury suffered during childhood may require years of medical treatment, rehabilitation, therapy, specialized education, and other forms of care.
Brain Injuries Caused by Physical Abuse
Head trauma is among the most serious potential consequences of child abuse.
A forceful blow, violent impact, or other trauma can damage a child's developing brain. Depending on the severity of the injury, the child may experience cognitive impairment, developmental delays, seizures, behavioral changes, motor difficulties, or permanent neurological disabilities.
Brain damage can also occur when choking or strangulation interrupts the child's oxygen supply.
Potential long-term consequences may include:
Memory problems
Learning disabilities
Speech and language difficulties
Developmental delays
Difficulty concentrating
Behavioral problems
Motor impairments
Seizure disorders
Reduced independence
Some effects of a childhood brain injury may not become fully apparent until later, when the child reaches developmental stages requiring more complex cognitive and behavioral abilities.
Physical Abuse at Daycare
Parents trust daycare centers and childcare providers to keep their children safe. When a daycare employee physically abuses a child, questions may arise not only about the employee's conduct but also about whether the facility took appropriate measures to protect the children in its care.
A potential case may involve allegations of:
Hitting or striking a child
Shaking a child
Excessive physical restraint
Improper punishment
Rough handling
Choking
Force-feeding
Other inappropriate physical conduct
An investigation may also examine whether the daycare properly screened employees, conducted required background checks, trained and supervised its staff, responded to previous complaints, or ignored warning signs.
New Jersey requires Child Abuse Record Information background checks for categories that include childcare center employees and registered family childcare providers.
Physical Abuse in Schools, Camps, and Other Institutions
Children can also suffer abuse in schools, camps, residential programs, foster settings, and other institutions.
When abuse occurs in an institutional environment, the conduct of the organization itself may become an important part of the investigation. Questions may include whether administrators knew about previous allegations, properly supervised employees, followed appropriate reporting procedures, or took reasonable action after learning of dangerous behavior.
The New Jersey Department of Children and Families has an Institutional Abuse Investigation Unit responsible for investigating allegations of child abuse and neglect in certain out-of-home settings, including schools, foster homes, and residential centers.
Negligent Hiring, Supervision, and Retention
When an employee or caregiver physically harms a child, there may be circumstances in which an organization also bears legal responsibility.
Depending on the facts, an investigation may consider whether an organization:
Properly screened the individual before hiring
Conducted required background checks
Provided appropriate training
Adequately supervised employees
Received previous complaints
Ignored warning signs of inappropriate behavior
Failed to investigate prior incidents
Continued employing an individual despite known risks
Failed to maintain appropriate policies for protecting children
Whether an organization can be held liable depends on the specific circumstances and applicable law.
Reporting Suspected Child Abuse in New Jersey
Protecting the child should always be the immediate priority when abuse is suspected.
Under New Jersey law, a person who has reasonable cause to believe that a child has been subjected to abuse must immediately report the suspected abuse to the Division of Child Protection and Permanency. The New Jersey Department of Children and Families also states that a person does not need proof before making a report and may report anonymously.
Child Protection and Permanency is responsible for investigating allegations of child abuse and neglect and arranging protection when necessary.
If a child is in immediate danger, emergency assistance should be sought immediately.
Evidence in a Physical Child Abuse Case
Cases involving child abuse can require careful investigation, particularly when the child is very young or unable to fully describe what happened.
Potential evidence may include:
Medical records
Photographs of injuries
X-rays and other diagnostic imaging
Statements made by the child
Witness statements
Surveillance footage
Daycare or school incident reports
Employee records
Prior complaints
Licensing and inspection records
Background check information
Communications between staff and administrators
Police or investigative reports
Expert medical opinions
Families should consider preserving photographs, communications, medical documentation, and other evidence that may help establish what happened.
The Long-Term Impact of Physical Child Abuse
The effects of physical abuse may continue long after visible injuries have healed.
A child who suffers severe abuse may require:
Additional medical treatment
Physical rehabilitation
Psychological counseling
Occupational therapy
Speech or cognitive therapy
Specialized educational services
Treatment for permanent neurological injuries
Long-term personal care
Permanent scars, disabilities, brain injuries, and emotional trauma can affect a child's education, relationships, independence, future employment, and overall quality of life.
Understanding these long-term consequences can be particularly important when evaluating the damages associated with a serious child injury claim.
Compensation in a Physical Child Abuse Case
When physical abuse or an organization's negligence results in serious injury to a child, a civil claim may potentially seek compensation for the harm caused.
Depending on the circumstances and applicable law, damages may include:
Past and future medical expenses
Rehabilitation and therapy
Psychological counseling
Specialized educational needs
Long-term personal care
Future loss of earning capacity
Pain and suffering
Emotional distress
Permanent disability
Scarring and disfigurement
Other damages available under New Jersey law
A civil case is separate from any criminal prosecution or child-protection proceeding that may result from the alleged abuse.
Who May Be Held Responsible for Physical Child Abuse?
Responsibility depends on where and how the abuse occurred.
Potentially responsible parties may include:
The individual who committed the abuse
Daycare centers
Childcare providers
Schools or other institutions
Camps
Residential facilities
Organizations responsible for hiring or supervising an abuser
Other individuals or entities whose negligence contributed to the child's injuries
Some cases involve multiple parties. A careful investigation can help determine who knew or should have known about the danger and whether reasonable measures could have prevented the child's injuries.
Contact a New Jersey Physical Child Abuse Lawyer
No child should suffer physical harm at the hands of someone entrusted with their safety. When abuse occurs, families may need to address immediate medical and safety concerns while also determining how the abuse was allowed to happen.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm helps families investigate serious child injuries, identify potentially responsible individuals and organizations, and pursue compensation when wrongful conduct or negligence causes preventable harm.
If your child suffered serious injuries because of physical abuse, or you believe a daycare, school, institution, or other responsible party failed to protect your child from abuse, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
