Injured children have the right to legal compensation after being hurt. In the aftermath of your child’s injury, your primary focus should be helping your child recover. Our attorneys are committed to helping you protect your child’s legal interests and fight for the justice they deserve.
Personal injury lawsuits with child victims can present unique circumstances. The effective representation of a child victim requires a knowledgeable injury attorney who understands the nuances of these lawsuits. When your child suffers injuries because of someone else’s negligence, contact a Colorado Springs child injury lawyer.
Common Causes of Child Injuries
Most accidents involving children are due to someone else’s negligence. Some common causes of child injuries include:
- Injuries at school, daycare, or the playground
- Car accidents
- Defective products
- Dog bites
- Medical malpractice
When dealing with children, adults must adhere to the same standard of care a reasonable person would under similar circumstances. Determining fault in accidents involving children can be complicated because juveniles are not the most reliable eyewitnesses. A skilled lawyer could explain the complex dynamics of an adolescent injury case and investigate all relevant factors.
Filing a Child Injury Lawsuit
The family members of an injured child can file a lawsuit on behalf of the victim. Family members may settle the claim with the negligent party’s insurance company, depending on the circumstances, to avoid litigation. While both routes have pros and cons, the nature of a particular claim will determine which recovery method is appropriate. Luckily, a diligent lawyer could negotiate with insurance companies or assist an injured child’s family members with filing a claim.
After an accident, adolescents often require medical care and follow-up treatment. Therefore, depending on the severity of the injuries, parents may need to take off work to care for their children. Fortunately, victims are entitled to recover compensatory damages for the economic and noneconomic harm they suffered due to negligence.
Typically, the statute of limitations in personal injury cases in Colorado is two years from the date of the incident. But in cases involving a minor, the minor has two years from when they reach the age of majority to file their claim.
Attractive Nuisance Doctrine
An attractive nuisance is a dangerous object on someone else’s property that attracts children. When property owners fail to safeguard an attractive nuisance on their property, they may be liable for injuries to children. Common examples of an attractive nuisance include:
- Swimming pools without a fence or locked gate
- Playground equipment
- Abandoned property or vehicles
- Discarded appliances like refrigerators and ovens
- Railroad tracks and cars
Child victims can sue a landowner for an attractive nuisance if the landowner knows or should have known that children would want to trespass. Victims must also prove that the object on the property could cause serious injury; children do not inherently understand the risk; the cost of fixing the dangerous condition is minimal compared to the threat, i.e., locked gate for a pool; and the landowner failed to eliminate the danger.
Contact a Child Injury Attorney in Colorado Springs
Adults owe a duty of care to children. This means that parents, school teachers, medical professionals, and bus drivers must ensure the safety of the children in their care. You might be entitled to financial compensation if someone was negligent in caring for your child.
Although compensation will not take away your child’s pain, working with a Colorado Springs child injury lawyer can alleviate some of the stress from the incident, so you can focus on helping your child recover. As tenacious child injury lawyers with experience representing children in personal injury lawsuits, we will do everything possible to advocate for your child’s legal interests. Call today.