- 1 How to Obtain Money for Your Child When Injured
- 1.1 Children Injured In Accidents in the Home
- 1.2 Child Accidents Outside the Home
- 2 What to Do When Your Child Is Injured
Injuries From Accidents Cause Long-Term Effects on Children & Teenagers
When an infant, child, or teenager is injured, there may be lifelong effects from the injury. For instance, a broken bone may affect the growth plate in the bone affecting how that bone grows as your child gets older.
A concussion may cause lifelong brain development problems. Psychological problems caused by the accident and injury may also last a lifetime. Of course, there are other problems that may affect your child in the future.
Attorneys may overlook the future effects of an injury on your child’s development. You shouldn’t either.
The most important part of any accident case is how an injury will affect someone in the future. With children, it’s even more important.
You need attorneys willing to spend the money for experts such as a child psychologist; an occupational/vocational expert who can evaluate your child’s ability to work in different fields; and an economics expert who can show how much less your child may earn over his or her lifetime because of the injury. These experts are expensive but well worth the cost, see why. Read about the difference between a vocational expert and an economics expert and why they are both important.
How to Obtain Money for Your Child When Injured
Depending upon how your child’s injury was caused and whether it was an accident or intentional, there are many different sources to seek money and/or punishment. For instance, an employee responsible for the injury can be sued as well as the company employing the employee. In some instances, other companies may also be responsible.
Children Injured In Accidents in the Home
Can You Get Money When Your Child Is Injured in An Accident at Home?
When you’re landlord is responsible for causing your child’s injury, you probably won’t mind suing your landlord but you might not want to sue your spouse, friend, or relative. That’s okay.
When your child is injured by an accident in your own home; a relative’s home; or a friend’s home, we can make a claim against the home owner’s insurance policy or the apartment renters insurance policy.
We can file a claim against the insurance company without going after your friend’s or relative’s money personally. The income and personal assets of you or your friends or relatives will be safe.
Homeowner’s insurance policies usually have at least $300,000-$1 million coverage and apartment renter’s insurance policies usually have at least $100,000 coverage. Usually, one claim will not affect a home owner’s insurance premium although even if it does, it will probably only be a couple of hundred dollars while the amount of a settlement can be as much as $1 million or more.
Hot Water Scalding Burns
Your baby or infant could be burned by hot water in a bath or sink or your child could be burned by hot water from a shower. When your child is burned by hot water, the injury is often worth over $1 million and sometimes much more.
Sometimes, a water heater produces scalding water which can cause third-degree burns. A child can be scalded in less than 4 seconds by water at a temperature of 131°F.
Burns can cause the following serious injuries:
- Nerve damage
- Loss of a limb
- Loss of eyesight and
The landlord, management company, plumber, and maintenance company may be responsible for the injury.
It is possible that the thermostatic mixing valve or tempering valve is not functioning properly or wasn’t even installed.
A tempering valve is a 3-way mixing valve that is temperature actuated and used to temper a heated water supply by mixing hot water with cold water to provide heated water at a lower temperature, normally 122ºF at one or more outlet fixtures.
A thermostatic mixing valve is a mixing valve in which the temperature of the water from the mixed water outlet is automatically controlled by a thermostatic element or sensor to a pre-selected temperature that is suitable for direct contact with the skin.
Other types of burns.
Fall from a Window
When a child is injured or killed because of a fall from a window, it usually happens at the child’s apartment but can happen at someone else’s apartment or at daycare. The landlord, property management and maintenance companies are usually responsible for one or more of the following failures:
- Window stops broken or not working properly
- Window guards missing or broken
- Window stops or window guards were not installed
- Negligent supervision by a child caretaker
Child Accidents Outside the Home
If your child is injured in a car accident which was your fault or the fault of a relative or friend, your child is entitled to receive money for compensation for his or her injury. We can file a claim against the insurance company without going after you or your friend or relative personally. We will be able to settle your child’s claim for as much as the entire automobile insurance policy and issue a release, releasing you or your friend or relative from any personal responsibility.
If your child was injured when he or she was a pedestrian (not a passenger in a car); while playing; or riding a bicycle and was hit by a car or truck, or your child is entitled to receive money as compensation for the injury. Trucks usually have substantial if not unlimited insurance coverage.
Bus Transportation, Day Care, Child Care, Nursery School, Public/Private School & Camp
Children are frequently injured in these places by careless employees. When a child is at one of these places, they are under the care and supervision of an adult. When a child is injured at one of these places, the injury was caused either by the negligence of the caregiver or both the negligence and intentional criminal act of the caregiver.
These cases are usually extremely valuable in the facilities often have a substantial amount of insurance coverage.
Retail Stores & Other Commercial Places
When a child is injured in a retail store, there is usually substantial insurance coverage to compensate your child for your child’s injuries. Insurance policies at even small stores often start at $1 million. Insurance policies at larger stores provide virtually unlimited coverage.
Hotels, Motels, Resorts & Amusement Places
There is often increased responsibility upon hotels, motels, resorts, amusement parks and other amusement facilities to protect children since they advertise to attract children.
Facilities that attract children usually offer activities where children can be injured and they often have hazardous conditions that were negligently designed or simply not maintained properly. An expert must be hired for this type of case.
If your child was injured by a defective product, there may be many companies responsible for the injury. The designer of the product; manufacturer of the product; distributor of the product; and the seller of the product may all be responsible.
It is possible that the product was defective from the start such as a defective design. It is also possible that a product became dangerous later because of mishandling by a distributor, wholesaler, or retailer.
An example of a defective design is a toy that is so small that it is a choking hazard; a crib that has bars too far apart; or a stroller that causes an injury.
An example of a product that became dangerous later is a ketchup bottle that exploded because the ketchup was boiling when it was left outside on a table in the sun by a restaurant.
What to Do When Your Child Is Injured
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.