Obtaining Full and Fair Justice for Your Injured Child in Indiana

When our children get hurt, it’s more than just a physical injury—it’s an emotional upheaval for the entire family. The pain, confusion, and worry parents feel is significant, especially when your child’s injury is due to someone else’s negligence. For parents in Indiana, seeking justice for an injured child can be daunting. This blog post will guide you through understanding the legal process, steps to take after an injury, and how to seek a settlement that supports your child’s future.

Call 317-881-2700 to Speak With an Experienced Child Injury Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With an Experienced Child Injury Attorney in Indianapolis Indiana

The Legal Landscape for Parents of Injured Children in Indiana

The legal landscape surrounding personal injury claims can be complex, especially when it involves minors. In Indiana, personal injury law is designed to offer relief to victims who have suffered harm due to another’s negligence. This holds true for children as well. When a child is injured, the statute of limitations— or time frame within which you can file a claim—becomes critical. Typically, personal injury claims should be filed within two years of the injury date. However, for minors, the clock may not start ticking until the child turns 18, offering some leeway for parents in seeking justice.  It is always best however to file within two years of the date of injury.

Understanding these nuances ensures that the rights of your child are protected. Being informed about the specifics of Indiana law helps parents know when and how to act, ensuring that their claims are not dismissed by missing deadlines. The legal system recognizes the unique vulnerabilities of children, and the laws are structured to provide them with an opportunity for redress, even if it takes years to initiate legal action.

Steps to Take After Your Child is Injured

The immediate aftermath of your child’s injury is critical, both for their health and for the potential legal proceedings. First and foremost, seek appropriate medical care to ensure your child’s injuries are properly documented and treated. This step not only safeguards your child’s health but also establishes a vital medical record that can substantiate your child’s claim.

In addition to medical care, gathering evidence is paramount. Document the accident scene, collect witness statements, and preserve any physical evidence that could support your claim. Photos, videos, and written accounts of the incident can serve as vital pieces of evidence later on. Additionally, note any changes in your child’s behavior or lifestyle post-injury as these can highlight the injury’s impact on their life.

These actions create a solid foundation for any future legal proceedings. The more comprehensive your documentation, the stronger the case will be. It’s essential to act swiftly and methodically, as capturing details soon after the incident can significantly bolster the claim.  In essence, you want to obtain and keep all evidence that you would want to look at and review if you were on the jury, if possible.

The Role of an Indianapolis Personal Injury Attorney

Navigating the legal complexities of a child injury case in Indiana necessitates expert guidance. An Indianapolis personal injury attorney plays a pivotal role in advocating for your child’s rights and ensuring you receive the settlement your child deserves. Their expertise in legal procedures, negotiation tactics, and case law is invaluable.

Choosing the right child injury attorney means finding someone with a proven track record in handling child injury settlements. Look for attorneys who not only understand personal injury law but also have specific experience with cases involving minors. They should be able to demonstrate past successes, such as favorable settlements or verdicts, in similar cases.

A skilled child injury lawyer will guide you through each step, from filing claims to negotiating settlements. They will help you understand the intricacies of the legal process and work tirelessly to protect your child’s interests. With the right legal representation, you can focus on your child’s recovery while your attorney handles the legal battle.

Documenting Your Child’s Case

Documenting a strong case is crucial in securing a favorable settlement for your child. Several factors contribute to the strength of your claim, including the clarity of evidence, the credibility of witnesses, and the extent of your child’s injuries. Your personal injury attorney will help you gather and organize this information to present a compelling case.

Negotiating a settlement requires a strategic approach. It involves presenting the evidence and demonstrating the impact of the injury on your child’s life. During negotiations, insurance companies or opposing legal teams may try to downplay the severity of the injury or the liability of their client. Having a robust case helps counter these tactics.

Your lawyer will strive to ensure that any settlement considers future implications, if any, such as ongoing medical treatments, therapy, and potential loss of income. A well-prepared case not only emphasizes the immediate effects of the injury but also anticipates future needs, thereby ensuring full and comprehensive compensation.

The Personal Injury Settlement Process

Understanding the settlement process is key to managing expectations and achieving a satisfactory outcome. A settlement encompasses several components, including medical expenses, pain and suffering, and any future care your child might require. The process typically begins with a demand letter, which outlines the details of the claim and the compensation sought.

Negotiations can be lengthy and may involve a few rounds of offers and counteroffers. It’s important to remain patient and trust in your attorney’s expertise. Remember, settling a child injury claim involves more than just receiving compensation; it’s about securing your child’s future and addressing the full spectrum of their needs.

Once a settlement is reached, it must be approved by the court in most circumstances, ensuring that it serves the best interests of the child. The settlement process, though complex, aims to provide your child with relief and support during challenging times.

Conclusion

Pursuing a settlement for your wrongly injured child is not just about financial compensation; it’s about justice, accountability, and ensuring your child’s well-being. By understanding the legal processes, taking prompt action after an injury, and working with an experienced Indiana personal injury lawyer, you can protect your child’s future.

If your child has been injured and you’re considering legal action, seek professional advice. A qualified attorney can provide the guidance and support you need to make informed decisions. Don’t hesitate to contact a personal injury attorney for a free consultation and take the first step toward securing the justice your child deserves.

Are you interested in learning more about the strength of your child’s injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced child injury attorney in Indianapolis who can give you competent advice for your legal matters. We represent parents and legal guardians all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

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Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

Call 317-881-2700 to Get in Touch With Our Skilled Child Injury Lawyers Near Indianapolis
Call 317-881-2700 to Get in Touch With Our Skilled Child Injury Lawyers Near Indianapolis

Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

  1. Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
  2. Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
  3. Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
  4. File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
  5. Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who concentrates on child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

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Christmas Toy Safety Alert: Expert Tips to Prevent Child Injuries

As the festive cheer of Christmas continues to fill the air, and excitement over the gifting of new toys bubbles among children, it’s crucial to remember the importance of toy safety. Allowing the right toys is not just about what’s trending or popular; it’s about ensuring our children’s safety while they indulge in their playful fantasies. Every year, numerous child injuries are reported due to hazardous toys, turning a season of joy into a time of worry for many parents.

This blog post will help shed light on Christmas toy safety, providing expert tips to avoid child injuries and ensure your little ones enjoy their new playthings without any unwanted incidents. Let’s make this festive season not just joyous, but safe as well.

Call 317-881-2700 to Speak With a Child Injury Attorney Near Indianapolis IN
Call 317-881-2700 to Speak With a Child Injury Attorney Near Indianapolis IN

The Risk of Child Injuries and Hazardous Toys

According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 209,500 toy-related injuries were reported in emergency departments across the country in 2022 alone. This alarming number highlights the risk that children face when playing with toys, especially during the holiday season when they are exposed to a higher volume of new toys. The CPSC also reported that more than 76% of these injuries were sustained by children under the age of 14, 69% were sustained by children under the age of 12 years, and 38% were sustained by children under 4 years old. These statistics show how crucial it is to take extra precautions and ensure Christmas toy safety for our little ones.

Tips to Ensure Christmas Toy Safety

Always check for age-appropriate toys. The recommended age range is not just a suggestion, but it’s crucial to consider when purchasing toys. Toys designed for older children may have small parts that can be a choking hazard for younger ones.

Take note of warning labels. All toys should come with clear and visible warning labels about potential hazards or age restrictions. Make sure to read these warnings and follow them accordingly.

Avoid toys with sharp edges or points. These can cause cuts and puncture wounds, especially for younger children who may not have the motor skills to handle them safely.

Inspect toys for small parts. Small parts, such as button batteries or magnets, can be extremely dangerous if swallowed by a child. Make sure to check for any loose or easily detachable parts on toys and remove them if necessary.

Choose well-made, sturdy toys. Poorly made toys with loose or weak parts can break easily and pose a risk of injury to children. Opt for well-made, durable toys that can withstand rough play.

Stay away from toxic materials. Make sure to check the materials used in making the toy and avoid any that contain toxic substances such as lead or phthalates, which can be harmful if ingested.

Supervise playtime for younger kids. While we may not always be able to keep an eye on our children every minute, it’s essential to supervise their playtime and make sure they are using their toys safely. This also includes ensuring younger siblings do not have access to smaller toys that can be choking hazards.

Stay up-to-date on toy recalls. Keep track of any toy recalls, and make sure to remove the recalled toys from your home immediately. You can sign up for email alerts from the CPSC to stay informed about any potential hazards.

Spread the Word about Christmas Toy Safety

Ensuring Christmas toy safety is not just a responsibility for parents but for the community as a whole and most definitely the toy manufacturers and distributors. We can all play a part in spreading awareness and promoting safe play during the holiday season. Share these tips with your friends and family, and make sure to check in with them about their toy choices for their children. Together, we can make this Christmas not just merry but also less dangerous for our little ones.

What to Do if a Defective Toy Injured Your Child

In the unfortunate event that a defective toy has caused an injury to your child, it’s crucial to seek help from a child injury lawyer. These attorneys have experience handling cases related to hazardous toys and can guide you through the legal process of seeking compensation for any damages or injuries sustained. They can also hold manufacturers, distributors and/or retailers accountable for producing unsafe toys and prevent similar incidents from happening in the future.

Bottom Line

As we conclude celebrating the season of giving and joy, let’s not forget about Christmas and Hanukkah toy safety. By following these tips and staying informed about potential hazards, we can ensure our children have a happy and safe holiday season. Spread the word and make this a community effort to protect our little ones from unnecessary injuries. After all, there is nothing more precious than their well-being.

Has a defective product or children’s toy caused your child serious injuries and losses? You need an aggressive civil litigation team that fights for kids’ rights. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert legal representation for child injury and defective product claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation. We represent injured victims throughout Indiana, including Indiana residents injured in other states.

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Key Legal Considerations for Parents of Children With Food Allergies

May is National Asthma and Allergy Awareness Month, and the 2nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.
Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

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These Children’s Toys Made the Most Dangerous List for 2021

The holidays are fast approaching, and you probably have most of your Christmas shopping done already. But if you are taking on the role of Santa this year to a bunch of beloved kiddos, be sure to avoid toys that have been suggested to be hazardous or defective by World Against Toys Causing Harm (W.A.T.C.H.). These toys can cause serious injury or death to children of all ages, including infants and teens.

Continue below to review W.A.T.C.H.’s list for the most dangerous children’s toys of 2021, plus what to do if your child is injured by a defective toy or product in Indiana.

Child Injury Lawyer Indianapolis IN 317-881-2700
Child Injury Lawyer Indianapolis IN 317-881-2700

W.A.T.C.H.’s List of the Most Hazardous Children’s Toys For 2021

No one wants to be responsible for providing a child with a toy that ultimately injures or maims them. It is important to strongly consider which toys and products you purchase for children by considering their age, as well as the consumer reviews on safety and operation. Common injuries that result from hazardous children’s toys include blunt force trauma, electrocutions, choking, chemical burns, and suffocation.

The World Against Toys Causing Harm (W.A.T.C.H.) is a well-revered, long-standing organization that works in depth to identify dangerous or hazardous children’s toys. According to their comprehensive studies, a child is treated every three minutes in an emergency room for toy-related injuries.

Last year, we provided a blog on the most dangerous children’s toys of 2020, so be sure to review these toys as well, as they may still be on the market and on the shelves at your local department stores and on-line. As a result of this dangerous toy list, nine children lost their lives, while nearly 200,000 others were injured, some seriously.

This year, W.A.T.C.H. suggest that these are the top 10 most dangerous children’s toys to avoid:

Bright Starts Tummy Time Prop & Play – Risk of suffocation
Hape Learn To Play Drum – Risk of choking
Hover-1 My First Hoverboard – Risk of head injuries and orthopedic injuries
Nerf Hyper Rush-40 Blaster – Risk of eye and face injuries
Perfectly Cute My Lil’ Baby Feed & Go Set – Risk of choking
Radio Flyer Spin ‘N Saucer – Risk of impact injuries
Rollers Light-Up Heel Skates – Risk of blunt impact injuries
Snake Eyes G.I. Joe Origins Ninja Strike Sickles – Risk of blunt force impact and eye injuries
Squeakee Minis Poppy the Bunny – Risk of battery ingestion
Walmart My Life As Shopping Basket – Risk of choking
*These are in no particular order.

Protection for Children Injured by Defective or Dangerous Toys

As United States citizens, we have certain legal protections against hazardous or unsafe products. The U.S. Consumer Product Safety Commission (CPSC) set such requirements for manufacturers, which mandate them to follow strict health and safety standards. So, when consumers are seriously injured or killed by a hazardous product, certain legal entitlement may ensue.

If your child was injured by a dangerous or defective toy, your first step is to get them immediate medical treatment. Then, as soon as possible, contact an experienced Indianapolis Indiana personal injury law firm for help pursuing legal action against the negligent manufacturer or retailer. A seasoned civil litigator will navigate your child injury product defect claim from start to finish, recovering the maximum settlement for your child’s damages and losses.

Are you looking for a qualified personal injury law firm to help you with your child injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your child injury product liability claim in Indianapolis, Indiana. We serve clients all throughout Indiana.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
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Are We Entitled to a Settlement if Our Child Was Wrongfully Injured?

What could be more valuable and important than our kids? For parents like you, they are the absolute most important aspect of your lives. So, when your child is injured due to another’s negligence, it is no surprise that you struggle with emotional anguish and stress from knowing your little one is suffering. As parents, we all want to trust that the people they leave in charge of their children are taking good care of them, and the products or toys their children use will not cause them harm; but sometimes accidents happen, and unfortunately, some of those accidents are caused by an adult’s negligence.

So, how are children and adolescents protected by law against those who may cause them serious harm and subsequent damages? Furthermore, are you entitled to a personal injury settlement for your family’s economic and non-economic losses following your child’s wrongful accident?

Continue reading to learn more about child injury claims and settlements, including who to trust for seasoned personal injury advice and representation in Indianapolis.

Child Injury Claim Lawyer Indiana 317-881-2700
Child Injury Claim Lawyer Indiana 317-881-2700

Most Common Types of Serious Injuries to Kids and Teens

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured because of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, car accidents, pedestrian accidents, prescription drug errors, medical misdiagnoses, swimming pool accidents, defective toys or products, and negligent supervision are some of the more common types of wrongful accidents in which children are negligently hurt or worse, killed. When an accident occurs due to negligence causes harm or death to a child, parents need to know their legal options and rights.

How to Pursue Legal Action on Behalf of Your Child’s Accident and Injuries

In every situation that a child is injured negligently, there must be proof that someone or something failed to act like a careful person would have, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor is legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more.  If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well.

If the child is too young to be employed, the parents or guardians are entitled to reimbursement for lost wages after missing time at work, as well as fuel from traveling to and from doctors’ appointments. If the at-fault party acted extraordinarily reckless or with intent, the court or jury may also award punitive damages.

Child Wrongful Death Cases

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating lawsuits, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and so much more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Are you ready to get started on your financial recovery after your child’s accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis child injury lawyer. We represent clients throughout the State of Indiana.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
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Tips for Childproofing Your Daycare Business

All parents are very aware, and typically well-prepared, when it comes to making all the necessary changes to their homes and lives when expecting a child. However, when parents require daycare services, they no longer have complete control over their children’s safety. For this reason, it is vital to try to ensure your daycare, whether within your home or at an official commercial location, it’s properly arranged to prevent foreseeable accidents and injuries, including mental and emotional harm.

Continue reading to learn some helpful tips for enhancing your business’s childproofing strategies, as well as, where you can learn more about your liability in the case that a child is injured under your care, or the care of your staff. 

Daycare Injury Lawyers 317-881-2700
Daycare Injury Lawyers 317-881-2700

As a daycare provider, you are responsible for ensuring the children are fully protected when in your care. Whether out of your house or in an official location, your most important duty is to make sure your premises are safe for children of all ages, as well as adults and staff. If a child is injured as a result of your negligence in this area, then you can be held legally accountable for their losses and damages, such as hospital bills, medical expenses, pain and suffering, and more. It is also vital to have liability insurance, along with all the proper insurance for running a company, just to ensure you are protected against incidents as well.

Childproofing Tips

You can find countless “childproof” and “child-safe” products on the market, online, and at your local baby stores. Gates, locks, electrical outlet covers, corner rubber bumpers, and more that can be purchased at a reasonable price. With all this possible merchandise, it can be a little overwhelming when it comes to implementing safety features around your home. But you can prevent serious accidents and injuries with proper preventative maintenance child-proofing.

Here are some of the most important areas of a daycare that should be child-proofed:

☑ Kitchens

Kitchens are not always common in a daycare facility, but if yours has one, it is important to take the proper precautions. Especially in residential daycare settings, kitchens are popular hang-out areas, thus posing more opportunity for kids to be able to access potentially harmful products, utensils, or small appliances. Be sure to acquire locks for heavy appliances like stoves, dishwashers, and refrigerators.

Also, if you use a stove or oven in the presence of children, it is vigilant to mount stove barriers so that open flames, hot grease, water, and oil cannot splash off and burn a little one. Furthermore, it is wise to cover electrical outlets with sliding plastic covers to protect curious fingers from electrocutions or shocks.

☑ Utility Closets and Cleaning Supplies

Along with protecting children from harmful or toxic products, such as pesticides, detergents, batteries, vitamins, and medication, it is important to store cleaning solutions and item in an above cabinet or designated closet, rather than below a sink. If you do use a cleaning closet, be sure to keep it locked at all times.

☑ General Play Areas

This type of area is usually a common grounds for children, like playrooms and living rooms. This area needs the same type of kid-proofing strategies as kitchens, as well as some additional ones. The first thing you need to do is install plastic covers on any exposed or accessible electrical outlets to prevent electrocution and electrical burns. Also, it is important to install rubber bumpers on corners of furniture to prevent cuts, bruises, gashes, head and brain trauma, eye injuries, and more. For home daycares, another safety feature that you’ll need for these areas are furniture straps, which bolt down top-heavy furniture to the ground, such as T.V.’s, bookshelves, armoires, dressers, liquor cabinets, and more.

Also, one of the most obvious safety feature to have on hand are baby gates. Use these to block off staircases, hallways, laundry rooms with utility appliances in them, and other “off-limit” areas. Now, the last and most-often overlooked, child-proofing feature for a home babysitter has to do with curtains. We are talking about curtain cords. It is important to purchase a cord shortening contraption or a wind-up bracket so that kids cannot choke or strangle themselves.

☑ Bathrooms and Outdoor Areas

For bathrooms, there is plenty you can do. For starters, be sure to install toilet seat locks to prevent drowning accidents. You will also want to turn down water thermostat temperature levels on your water heater to prevent scalding accidents, as well as, install GCFI (ground fault circuit interrupter) outlet covers to prevent water-induced electrocutions.

For outdoor areas, install netting in between deck and patio posts to prevent tripping and falls. It is also vital to ensure pools are properly covered and locked. In fact, for pools, you should also consider gate locks and drain covers. After all, children between the ages of 1 and 4 have the highest drowning rates according to the CDC. Furthermore, every day, an average of 2 children 14 years old and younger, die from drowning.  

Indianapolis Child Injury Lawyers

To learn more about how to make a personal injury claim for your child who was injured in daycare, call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our seasoned Indianapolis personal injury lawyers can help you understand what you need to know about premise liability, negligent supervision, and more. For clients, we offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Can a Property Owner Be Held Liable for Injuries to a Trespassing Child?

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Children are filled with curiosity and liveliness, two highly influential factors to their growth and development. But sometimes curiosity and spirit can initiate boldness, which can get children into trouble; trouble, at the most unfortunate times, being injury or harm. If a child were to trespass onto another person’s property and injure themselves, who would be responsible for their injuries and subsequent losses? Are there are certain laws in place to protect them and their families in this type of situation? Continue reading for answers to these child injury premise liability inquires and more.

Common Principles of Premise Liability

Premise liability is the legal principle that holds property owners, occupiers, and even renters accountable for any injuries or harm sustained by another person on their premises. These cases are ruled by the notion of negligence, and whether or not the owner or occupier demonstrated such negligence that caused unintentional harm to another person. A property owner has a certain duty of care to take reasonable action to maintain safe and hazard-free premises. But if a person trespasses onto anothers property and sustains an injury, the property owner is not liable. In the past, even child trespassers injured on private property were owed no duty of care by the premise owners. Modernly, this is not the case anymore.

The Attractive Nuisance Ordinance

If something is so enticing to a child that it motivates them to enter onto another person’s property, it is considered an attractive nuisance. Things like trampolines, swimming pools, tree houses, ponds, creeks, boat docks, construction equipment, heavy machinery, power tools, holes, wells, tunnels, exotic animals, staircases, junk cars, lumber piles, fire pits, sand dunes, low roof tops, and more are examples of attractive nuisances. Under modern law, property owners must retain a duty of care by keeping safe premises in the case of trespassing children. This is called the attractive nuisance ordinance, and is an exception to premise liability law.

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Since modern law no longer expects children to understand what it means to trespass, and not appreciate the dangers it could involve, property owners have a special legal responsibility to make sure their premise is safe for kids that might enter their property unexpectedly. Property owners and occupiers are legally obligated to practice this special responsibility if they believe their premises might attract the interest of children, and is accessible by children.

If property owners, occupiers, or renters fail to meet this duty of care, they can be held liable for any injuries sustained on their property to children. Of course, courts also take into consideration a child’s age and intellectual capacity in order to determine whether or not they could understand the potential risk of injury on a person’s property. For example, if a person is digging an open pit in their backyard for a new swimming pool and hangs a sign that says “DANGER DO NOT ENTER”, they can still be held liable if a young child who cannot read enters their property and falls into the pit. On the other end of the spectrum, if a teenager with no mental handicaps enters the same property and sustains injuries, the owners may not be held liable for their damages.

For more details about attractive nuisances, premise liability, and child injury claims, consult a personal injury lawyer for trusted information and advice.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free initial consultation with a child injury lawyer in Indianapolis, IN today. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in premise liability and child injury cases. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 today for more information about child injury claims and premise liability in Indiana.

Tips for Childproofing Dangerous Areas of a Home

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Whether you are new to parenting, or you are interested in taking on some babysitting jobs from within your own house, it is important to know which areas of a home to childproof. Common sense will tell anyone to put up baby gates and install electrical outlet covers for curious fingers; but what about the other danger-zones of a home? There are a few areas of a home that can be extremely dangerous to children and toddlers, and should be properly child-proofed for security and safety.

Continue reading to learn the most important areas of a home to childproof, and who to call if your child was recently injured as a result of a negligent care-giver or babysitter.

Living Room

In order to properly childproof a living room or family space, it is important to consider all the areas within that space that are potentially dangerous to toddlers and young children. For example, babies are often intrigued by anything that dangles. This includes pulleys for curtains and blinds. Several toddlers are injured or killed each year from strangulation of blind cords and curtain strings. To prevent this from happening, install a cord-shortener or wind-up tab for strings like these. Here are some more tips that many parents overlook:

• Bolt, Strap, or Secure Top-Heavy Furniture to the Ground or Wall (i.e. bookcases, television sets, etc.)
• Avoid Pressure-Mounted Baby Gates; Use Hardware-Mounted gates for Tops and Bottoms of Stairwells
• Install Rubber Pads on Sharp Corners of Tables, Furniture, and Counters
• Install Electrical Outlet Covers
• Keep Carpets and Floors Vacuumed and Swept at All Times

Kitchen

More than 10 million children each year are admitted to emergency rooms for kitchen related injuries and accidents. When it comes to childproofing kitchens, the same precautions and preventative maintenance apply, but in different areas. Like the living room and family areas, it is wise to bolt or secure top-heavy furniture and appliances so they do not tip over and fall on top of a small child. Baby gates are also a responsible solution for kitchen safety for babies. Use them to shut off access to certain parts of a kitchen, like stairs, railings, and china cabinets. Here are some additional danger-zones to childproof in a kitchen:

• Install Childproof Locks to Stove, Refrigerator, Dishwasher, and Other Kitchen Appliances
• Install Childproof Locks on Kitchen Cabinets
• Lock Up All Cleaning Solutions, Chemicals, and Detergents
• Keep Medicine, Batteries, and Other Hazardous Items in Upper Cabinets
• Install Stove Shields to Prevent Boiling Water Run-Off and Hot Food Splatter
• Install Rubber Corners on Countertops and Sharp Baseboards
• Keep Kitchen Floors Swept and Sanitized at All Times

Bathroom

Just like the living areas and kitchen, the bathroom should be childproofed as well. There are several dangerous items and areas that can cause fatalities and serious injuries to children. Of course electrical outlets should be covered and protected, but there is more to childproofing a bathroom than this. Be sure to dot your “i’s” and cross your “t’s” when it comes to these additional childproofing tips for bathrooms:

• Install GFCI (Ground Fault Circuit Interrupter) Outlets Near Sinks and Other Plumbing Fixtures
• Install a Childproof Lock or Latch on Toilet Seats
• Decrease your Home’s Hot Water Temperature Capacity to Below 120 Degrees to Prevent Scalds and Burn Accidents
• Lock Up All Cleaning Solutions, Chemicals, and Detergents
• Install Childproof Locks on Bathroom Cabinets
• Keep Floors Swept and Free of Debris
• Remove All Bathtub Accessories that Could Be Choking or Health Hazards (i.e. loofas, bath salts, razors, towels, etc.)

Backyard

Pool and patio safety should be your number one concern when it comes to childproofing a backyard. Too many drowning and falling accidents occur to young children as a result of poor childproofing. Here are the most important considerations for a childproof backyard:

• Install a Fence Around Pool Decks that Locks
• Install a Durable Pool Cover Along With Drain Covers to Prevent Entrapment
• Empty Kiddie Pools When Not in Use and Always Use Fresh Water for Each Use
• Install Netting in Between Patio Railings and Siding to Prevent Falls
• Know the Plants in Your Yard and Remove Anything Poisonous

If you child was recently injured as a result of poor childproofing in another’s care, contact an Indianapolis Child Injury Lawyer for information about filing a claim. You may be entitled to compensation for your damages. Exemplary damages include lost wages, medical expenses, hospital bills, wrongful death, pain, suffering, loss of love or companionship, mental anguish, prolonged rehabilitation, funeral expenses, and much more.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about filing a child injury lawsuit in Indianapolis, Indiana. Attorney, Daniel Craven, is a seasoned personal injury lawyer with decades of litigation and trial experience. He and our professional legal teams are eager to recover the full and fair compensation you deserve after your child was injured or taken in an accident. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and schedule an appointment with an Indianapolis personal injury lawyer you can trust, today.

How Do I File a Personal Injury Claim for My Child?

Child Injury Lawyers 317-881-2700

Child Injury Lawyers 317-881-2700

Nothing is more horrific than seeing a child in pain, especially when he or she is your own. As parents and guardians, we try our best to protect the most precious things in our lives; however, children are bound to get hurt every so often no matter how hard we attempt to prevent it. Even though it is gut-wrenching and vastly upsetting when your child is injured, fortunately they have rights under the law and you can do something about it.

Most states provide laws that give children virtually the same rights to compensation as they do adults for accidents that involve personal injury. Although these laws differ from state to state, children injured negligently in accidents can pursue compensation for pain, suffering, permanent disability, and more. Parents can also be eligible for remuneration for medical bills and related expenses on the child’s behalf.

Under law, parents and legal guardians are permitted to negotiate or file on behalf of their children as well. If your child or minor under the age of 18 has been hurt in an accident caused by the negligence of another or a product, call a personal injury attorney right away to see if you are eligible for compensation. Continue reading to learn how children injury lawsuits differ from adult lawsuits, and how to file a claim for your injured child.

Child Injury Lawsuits

When the law considers a child in an accident case, they recognize that children lack the mature judgment that adults typically retain. Because of this assumption, the law provides a separate set of rules and requirements when it comes to filing a personal injury claim for children. If you are already familiar with how to file a personal injury claim for an adult, then you are almost fully aware of how a child injury claim carries out. Some chief questions to ask yourself ahead of time include, “Why Did My Child Get Hurt?” “How Did My Child’s Injury Happen?” “Who Was Responsible for My Child When He or She was Injured?” and “Could the Accident Have Been Prevented?” When it comes to filing a personal injury claim for children, be aware of the significant differences in the law. Here are the major differences to lookout for:

Statutes of Limitations

There is a set time period in which a person has the right to file a valid personal injury claim once their accident or injury has occurred. For adults it is a short time frame than it is for children. Although a parent or guardian has more time to file for their children in comparison to an adult filing for themselves, each case is different and is likely to vary. It’s important to consult a licensed and experienced Indianapolis Personal Injury Attorney for specifics surrounding these variances and limitations.

Settlements

In child injury cases, it is mandated that courts must approve all settlements. Children injury lawsuits are complicated, so courts use a comprehensive and prudent approach when overseeing them. Needless to say, they supervise these types of cases very carefully. The reason has to do with looking out for the best interests of the child, or the accused party.

Courts are aware that rewarded compensation can potentially be misspent by parents or guardians. This is why they make sure any remuneration for a minor’s injuries are put into a safe investment or account until they reach adulthood. Once a kid turns 18, he or she is given full access to their money. Other times, these kind of settlements are handed out in structured balances so that a young adult cannot spend it all at once.

A child is prone to a plethora of injuries and harm; including day care injuries, car accidents, playground accidents, and more. Be sure you are aware of your rights as a parent of an injured child, as well as, the rights your child has as an injured victim. Call an Indianapolis Child Injury Law Firm for professional legal counsel to file a personal injury claim following a negligent accident.

Indianapolis Child Accident Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Craven, Hoover, and Blazek P.C. can recover compensation for your child’s injuries, pain, suffering, and more. Call Attorney Keith Blazek, an accomplished Indianapolis child injury attorney, at 317-881-2700 for more information about filing a claim on your child’s behalf. In order to fight for your minor’s rights, you must first enlist the services of a skilled and experienced personal injury lawyer. Keith and his partners are the professional child accident lawyers that can win you the compensation your family deserves. You can schedule a free initial consultation to assess your child’s case and determine their eligibility for recompense. Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a friendly legal representative about filing a child injury claim in Indianapolis, IN or its nearby counties.