How to Make a Personal Injury Claim for Your Child

Children are prone to an overabundance of accidents and injuries, such as day care injuries, car accidents, playground accidents, swimming pool accidents, and more. Since the law recognizes that children lack the mature judgment that adults typically have, it provides a separate set of rules and requirements when it comes to making a personal injury claim for minors. This means that the claim process is not the same as it would be for an adult.

If your child was recently injured in an accident, 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. This can help you pursue a claim for compensation. Continue reading to learn more about personal injury claims for children, including the primary differences in law and where to get started.

Child Injury Lawyers

Indiana Child Injury Lawyers 317-881-2700

Child Injuries and Accident Claims

Most states provide laws that give children essentially 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, and parents may be eligible to receive compensation for medical bills and any other related expenses on the child’s behalf. Under such laws, parents and legal guardians are permitted to negotiate or file on behalf of their children as well.

When it comes to making a personal injury claim for your child, the best course of action is to contact a licensed Indianapolis child injury attorney as soon as possible to learn everything you need to know about your potential case. As mentioned, there are some key differences in laws and procedures for child injury claims, which can make it challenging for you to understand without professional counsel.

For instance, the statutes of limitations for making a personal injury claim is much longer for child cases than it is for adult cases. Additionally, courts recognize that child injury lawsuits are delicate and complicated, so they oversee these types of cases more carefully than they would otherwise because they are looking out for the best interests of the child.

Furthermore, courts must approve all settlements in child injury cases. They know that rewarded compensation can potentially be misspent by parents or guardians. So they will sometimes order for the compensation to be put into a safe investment or account until the child reaches adulthood. Then once a minor turns 18, they are either given full access to the funds or structured payouts.

Key Questions to Ask Regarding Your Child’s Accident

Here are some important questions to ask yourself when making a personal injury claim for your child’s accident:

“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?”

✏ “Could the Accident Have Been Prevented?”

Indianapolis Child Injury Lawyers You Can Trust

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with child accident injury claims in Indianapolis, Indiana and its surrounding counties. Our child injury attorneys are well-versed in the tactics used by opposing parties to try and avoid liability in such accidents. We have prevailed for numerous child injury victims, and can do the same for you. Contact us to schedule a free initial consultation to discuss your case.

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


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


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.)


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.