No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.
In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.
3 Important Elements of Proving Negligence in a Child Injury Lawsuit
>Duty of Care
When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.
>Damages
In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.
>Causation
Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.
Defining Negligent Supervision
Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.
If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.
Common Damages Awarded in Child Injury Cases
Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.
Hire a Child Injury Attorney to Protect Your Rights
When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.
Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.
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