Providing for a seriously injured child is one of the most difficult problems a family can face. According to a 2004 report from the Center for Disease Control, approximately 4,895 children died of accident-related injuries. Children are more vulnerable to injury because of their size and slower coordination, and are often victims of caretaker negligence and defective products. If your infant or child has been injured because of someone else’s actions, you may have a viable case. The Honolulu-based child injury lawyers at Leavitt Yamane & Soldner can help you sort through all the issues surrounding your case to attain a resolution.
Every day, countless children are injured as a result of someone else’s negligent or reckless actions.
Following are some of the most common causes of child injury:
• Automobile accidents, pedestrian accidents, and school bus accidents – If your child was injured in a vehicular accident, issues of road safety, traffic regulation, driver responsibility, and child supervision come into play.
• Dangerous and recalled defective products and toys – A dangerous and/or defective toy can pose a significant safety threat to your child. Product manufacturers must repair or recall toys with hazardous pieces, sharp edges, and flammable or lead components.
• Birth injury and other medical malpractice-related injuries – A medical professional’s negligence can present unique concerns when children are involved. Child victims of medical malpractice most commonly suffer injury at birth, as a result of misdiagnosis, and substandard medical treatment – or sustain latent harm that surfaces further along in life.
• Dog bites and other animal attacks – Pet owners are responsible for their animals and can be held liable in the event their pet causes a child’s injury or death.
• Playground accidents – Liability in playground accidents depends on the city in which the accident occurred, how the accident happened, involvement of other children and caretakers, and equipment safety.
• Accidents caused by inadequate child supervision – Caretakers and childcare facilities that fail to provide reasonable care through proper supervision can be held liable for negligence when a child is injured or killed as a result.
• Organized sports-related injuries – Although organized sports benefit children, playing sports can pose serious risks. Inadequate supervision, damaged equipment and facilities, poor coaching, and the actions of other players can all cause child injury.
If your child suffers injury, your ultimate goal is choosing a course of action that is best for your child’s and family’s complete recovery. As a parent, you could be entitled to compensation for the lost future financial contributions and companionship of your child. However, determining liability and compensation is a complex legal process hinging on the circumstances of the injury, state law, and the age, maturity, and intelligence of the child.
Once you bring a child injury lawsuit, your case will go through a process of litigation. Most child injury cases never go to trial, reaching a settlement through arbitration or other means. Many parents are concerned that their child will be traumatized by the litigation process. However, state and federal law prevents this by awarding children special protection during litigation. While the child “owns” the lawsuit and has the same rights as adults to recover compensatory damages, the child is represented by a parent or guardian who is, in turn, represented by a child injury lawyer. Our Honolulu-based child injury lawyers at Leavitt Yamane & Soldner have years of experience representing injured children with great skill and sensitivity.