Steven A. Bagen | October 11, 2024 | Personal Injury
As parents and guardians, ensuring the safety of our children is a top priority, but accidents can happen despite our best efforts. Children are naturally curious and energetic, which, unfortunately, makes them more vulnerable to certain types of injuries. While many childhood injuries result from minor accidents that are part of growing up, others can be severe and lead to long-lasting consequences.
In some cases, these injuries result from someone else’s negligence, such as unsafe playgrounds, defective products, or careless driving. When a child suffers harm due to the negligent or reckless actions of another person or entity, this may give rise to a personal injury claim.
Parents should be aware of the most common types of child injuries, what constitutes a personal injury claim, and what they should do if their child suffers an injury, possibly due to the fault of someone else. If your child suffered an injury, it’s in your family’s best interest to contact a personal injury attorney as soon as possible to discuss the circumstances.
Common Types of Child Injuries
Children can suffer various injuries in many different circumstances. Some injuries are more common than others, especially during certain activities or stages of development. Even still, their caregivers and those who design the toys and equipment they play with have an obligation to maintain a safe environment for them. If they suffer an injury, many parties can be found liable for negligence. Here are some of the most common types of child injuries:
Falls
Falls are one of the leading causes of injury in children. Kids are prone to falling, often toddlers learning to walk, run, and explore. However, more severe falls can occur from playground equipment, stairs, or other elevated surfaces. Falls can result in:
- Fractures: Broken bones are common in children, especially in the wrists, arms, or legs, when they try to break their fall.
- Head injuries: Concussions and other traumatic brain injuries (TBIs) can occur if a child falls and hits their head.
- Cuts and bruises: While often less severe, these can still require medical attention, mainly if deep lacerations or significant swelling occurs.
Sports-Related Injuries
As children grow, many participate in sports or other physical activities, sometimes leading to injuries. Sports-related injuries can range from minor sprains and strains to more serious issues such as:
- Sprains and strains: These are common injuries, especially to the ankles, wrists, and knees.
- Concussions: Contact sports like football, soccer, or hockey can lead to head injuries, including concussions, which require careful monitoring.
- Fractures: Impact injuries, such as those from tackling or falling, can result in broken bones.
Car Accidents
Car accidents are a significant cause of injury in children, whether they are passengers in the vehicle, pedestrians, or riding bicycles. Injuries in car accidents can be severe and include:
- Whiplash and neck injuries: These occur due to the rapid back-and-forth motion of the neck during a collision.
- Broken bones: The force of impact can cause fractures, particularly in the ribs, arms, or legs.
- Head trauma: Children are particularly vulnerable to head injuries during car accidents, which can lead to concussions or more severe brain injuries.
Burns
Burns can happen in various ways, from scalding hot water to fires, electrical sources, or contact with hot objects. Types of burns include:
- Thermal burns: These are the most common and occur when exposed to hot liquids, steam, or flames.
- Electrical burns: Occur when a child comes into contact with an electrical source, such as an outlet or a faulty appliance.
- Chemical burns: These burns result from exposure to harsh chemicals, such as cleaning products.
Burns can range in severity from mild to life-threatening, and severe burns may require long-term medical care, including surgeries and skin grafts.
Dog Bites and Animal Attacks
Children are often the victims of dog bites or attacks from other animals. Even friendly pets can bite if they feel threatened, scared, or overly excited. Injuries from dog bites include:
- Lacerations and puncture wounds: These can lead to significant bleeding and tissue damage.
- Infections: Animal bites can introduce bacteria into the body, leading to infections that require antibiotics or other treatments.
- Scarring and disfigurement: Dog bites can leave permanent scars, commonly if the wounds are deep or on the face or other visible areas.
Depending on the laws in the state where the dog bite occurs, an owner may or may not be strictly liable for the damages their animal causes. If your child suffered dog bite injuries, be sure to consult with a personal injury lawyer right away.
Poisoning
Children, especially toddlers, tend to put things in their mouths out of curiosity. This behavior makes them particularly vulnerable to accidental poisoning from household products, medications, and plants. Common sources of poisoning include:
- Cleaning products and chemicals
- Medications
- Plants and flowers
- Cosmetics and personal care products
Poisoning can lead to symptoms ranging from nausea and vomiting to life-threatening conditions that require emergency medical attention.
Drowning and Near-Drowning Incidents
Drowning is a leading cause of accidental death in children, often in swimming pools, lakes, and bathtubs. Even a few inches of water can pose a drowning risk to small children. Near-drowning incidents can result in severe brain injuries due to lack of oxygen.
Drowning accidents are preventable with proper supervision and safety precautions. Still, when they occur due to a lack of lifeguards, faulty pool gates, or other negligence, the consequences can be devastating. Drownings and near drownings can fall under the umbrella of premise liability laws, which can vary from state to state.
Choking and Suffocation
Young children are at risk for choking, especially on small toys, food items, or household objects. Suffocation is another danger, often for infants who may be placed in unsafe sleeping positions or environments. Choking and suffocation can lead to:
- Brain damage: Prolonged lack of oxygen can cause brain damage.
- Death: In severe cases, choking or suffocation can be fatal.
Defective Products
Sometimes, children’s toys, car seats, cribs, or other products can be defective and cause injuries. Defective products might have design flaws, manufacturing errors, or lack proper safety warnings. Injuries caused by faulty products can include:
- Choking or strangulation from small parts or strings
- Burns from overheating products
- Lacerations from sharp edges
- Falls due to faulty car seats, high chairs, or cribs
Bicycle Accidents
Riding a bicycle is a fun activity for many children, but it also comes with risks in busy neighborhoods or on streets with traffic. Bicycle accidents can result from collisions with cars, falls, or mechanical failures. Common bicycle injuries include:
- Head injuries: Even with a helmet, children can suffer concussions or other head trauma in bike accidents.
- Fractures: Broken bones, commonly in the arms and legs, are common in bicycle accidents.
- Road rash: Falling off a bike can lead to painful scrapes and abrasions.
What Constitutes a Personal Injury Claim?
When a child suffers an injury due to someone else’s negligence, recklessness, or intentional harm, you may have grounds to file a personal injury claim. A personal injury claim allows you to seek compensation for the physical, emotional, and financial damages your child has suffered as a result of the injury.
To establish a personal injury claim, several elements must be present:
- Duty of Care: The responsible party (defendant) must have owed a duty of care to the injured child. For example, a driver owes a duty of care to other drivers and pedestrians to follow traffic laws and drive safely.
- Breach of Duty: The defendant must have breached their duty of care by acting negligently or recklessly. For example, a property owner may have breached their duty if they failed to maintain a safe environment, leading to a slip and fall accident.
- Causation: The breach of duty must have directly caused the child’s injury. For example, if a child suffered an injury because of a defective toy, the toy’s defect must have directly contributed to the injury.
- Damages: The injury must have resulted in actual damages, such as medical bills, pain and suffering, or loss of quality of life.
In personal injury cases involving children, the injured child’s parents or guardians typically file the claim on their behalf. Compensation can cover a range of damages, including:
- Medical expenses: Emergency care, hospital stays, surgeries, medication, and future medical treatments
- Rehabilitation costs: Physical therapy or specialized care for long-term recovery
- Pain and suffering: Physical pain and emotional distress caused by the injury
- Loss of future earning potential: If the injury affects the child’s future ability to work
- Punitive damages: In cases where the defendant’s conduct was particularly reckless or malicious
What to Do If Your Child Gets Injured
When your child suffers an injury, it’s only natural to feel overwhelmed. However, taking the right steps in the aftermath of the injury can make a big difference in ensuring your child gets the care they need and protecting your family’s legal rights.
Here’s what to do if your child gets injured:
Seek Medical Attention Immediately
The first and most important step is to get your child the medical care they need. Whether the injury is minor or severe, it’s critical to have a healthcare professional evaluate the situation. Prompt medical attention ensures your child receives proper treatment and helps document the extent of the injury, which can be critical for a future personal injury claim.
Document the Incident
Gather as much information as possible about the circumstances surrounding the injury. If the injury occurred on someone else’s property, take photographs of the scene, including any hazards that contributed to the injury and your child’s injuries. Write down the details of what happened, including any witnesses or people involved.
Report the Injury
If your child suffered an injury in a public place, report the injury to the property owner or manager. They should have you complete an incident report. In the case of a car accident, call the police to file a report. Having an official record of the incident is a key piece of evidence, if you pursue a personal injury claim.
Keep Medical Records
Save all medical records, bills, and receipts related to your child’s treatment. These records will help establish the severity of the injury and the expenses you’ve incurred as a result.
Don’t Talk to the Insurance Company
The insurance company for the potentially at-fault party may get in touch with you sooner than you might think. It’s important not to speak with them, even if they offer you a settlement or say you are required to. Hire a reputable personal injury attorney, and your attorney will talk to them on your behalf. This will protect you from falling prey to one of the many insurance company traps.
Consult with a Personal Injury Attorney
If someone else’s negligence caused your child’s injury, you should always consult with a personal injury attorney. An experienced lawyer can help you understand your legal options, guide you through the process of filing a claim, and work to secure the compensation your child deserves.
Did Your Child Suffer an Injury? Contact a Seasoned Personal Injury Lawyer Today
Children can suffer a wide range of injuries, some of which are preventable if proper precautions are taken. Unfortunately, many injuries occur due to the negligence or recklessness of others. When a child is hurt because of someone else’s actions, it can be devastating for both the child and their family.
Understanding the most common types of child injuries and what to do if your child suffers an injury is imperative in these situations. If your child has suffered an injury and you believe someone else is at fault, seek the assistance of a personal injury lawyer. They can handle the legal process and ensure that your child’s rights are protected.
Don’t hesitate to contact a seasoned personal injury attorney for a free consultation to discuss your case and explore your options. Your child deserves the best possible care and a secure future, and a personal injury claim may be the first step in providing that.