What Types of Child Injuries and Accidents Are Compensable?

What Types of Child Injuries and Accidents Are Compensable?

Compensable child accidents include any situation that stems from negligence. This includes car accidents, slips and falls, near-fatal drownings, and other situations.

Likewise, compensable child injuries also involve negligence. Parents can pursue compensation for a host of conditions, ranging from broken bones to traumatic brain injuries.

You have options if your child suffered harm due to negligence. Our child injury lawyers can explore your situation and pursue compensation.

Examples of Compensable Child Accidents

The Centers for Disease Control and Prevention (CDC) says that children are more likely to suffer injuries than their adult counterparts. Factors include inexperience, a lack of knowledge, and being unsupervised.

Examples of serious child accidents include:

Motor Vehicle Accidents

Even when parents take all the proper safety precautions, their children are still at risk of injuries in motor vehicle collisions. In these collisions, children are at risk of head injuries, chest injuries, and broken bones.

Motor vehicle accidents don’t just refer to car collisions. They also refer to incidents involving school buses, trains, four-wheelers, scooters, and bicycles.

Incidents Involving Defective Products

Manufacturers must ensure the products they sell are safe for consumers – especially those designed for children. Unfortunately, each year, thousands of minors are injured in accidents involving defective cribs, strollers, car seats, toys, clothes, and other products.

The United States Consumer Product Safety Commission issues recalls on dangerous products every day. However, it might not issue a recall until multiple children have suffered injuries.

Premises Liability Accidents

Property owners are required to take reasonable precautions to prevent people on their property from injury. These precautions are particularly important when children are involved, as children often lack the experience necessary to recognize certain hazards.

Indiana has an “attractive nuisance” doctrine. In general, trespassers cannot sue property owners for their injuries. However, this does not apply to trespassing children. Property owners must secure certain hazards if there’s a possibility it could draw children and cause them harm.

For instance, a child may not understand the danger of an unguarded swimming pool. So, property owners must put up fences to prevent children from entering. Otherwise, the owner could be liable for any resulting injuries.

Animal Attacks

Pet owners must prevent their animals from attacking and injuring others. Children are particularly vulnerable to such attacks, as they are often unable to sufficiently protect themselves.

Animal attacks don’t just pertain to dogs. Indiana has very loose laws when it comes to owning exotic animals. In this case, children can suffer injuries from:

  • Wolves (including wolf/ dog hybrids)
  • Foxes
  • Reptiles, such as caiman
  • Birds
  • Monkeys

If a pet owner’s negligence resulted in harm to a child, parents could seek compensation through the pet owner’s homeowner’s insurance.

Daycare Incidents

Daycare and nursery providers are responsible for keeping the children in their care safe from harm. When childcare providers fail to hire competent employees, the providers could unnecessarily subject children to danger.

Playground or Amusement Park Accidents

Playground property owners and amusement park operators have a duty to ensure that playground equipment and rides are in proper working order. When they fail to do so, children can be seriously hurt.

Inadequate Supervision Accidents

Circumstances often require parents to entrust their children to another person’s supervision. When these people fail to provide adequate supervision, accidents and injuries can occur.

Compensable Child Injuries That Could Qualify Your Family for Damages

If your child suffered harm due to negligence and those injuries required medical attention, you could seek compensation. Examples of these injuries include:

  • Lacerations
  • Broken bones
  • Burns
  • Traumatic brain injuries
  • Poisonings
  • Near-fatal drownings
  • Oxygen deprivation
  • Dislocations
  • Sprains and strains

You might recover compensation if your child suffered mental health complications due to an accident. For instance, if a collision harmed your family, your child could develop post-traumatic stress disorder (PTSD). You may include the cost of therapy and medications in your claim or lawsuit.

Our Firm will Seek These Forms of Compensation for Your Child Injury Case

When a minor suffers harm in an accident, their parents or guardians can seek compensation for their related expenses. When the child turns 18, Indiana law may allow them to file a lawsuit against the at-fault party.

Examples of compensable losses in your case may comprise:

  • Economic damages, such as past and future accident-related medical expenses, property damage expenses, counseling, and funeral costs
  • Non-economic damages, such as pain and suffering, emotional anguish, scarring or disfigurement, and loss of enjoyment of life

If the responsible party in your case was grossly negligent, the court might award punitive damages. These damages punish the at-fault party for their conduct and are only awarded in certain situations.

Our Law Firm Advocates for Injured Children and Their Families

As a karate sensei, former decorated police captain, and personal injury lawyer, Randy Sevenish knows the importance of protecting innocent children from harm.

If your child suffered harm in an accident caused by someone else’s negligence, Sevenish Law Firm, P.C. can fight for the compensation you need. Explore your options during a free case review by calling 317-720-3229.

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