If your child has received an injury as the result of another’s negligent care, it is important to contact a Kansas City child injury attorney at Dickerson Oxton, LLC as soon as possible. Our attorneys understand just how precious your children are to you, and their injuries are a cause for great concern. This is an important time in your child’s life, and any severe injury has the possibility of impeding their growth, both physically and psychologically. Contact our attorneys today for your free initial case evaluation.
Talk to the Expert Kansas City Child Injury Lawyer at Dickerson Oxton, LLC
You should not hesitate to contact a Kansas City child injury attorney who can assist you in receiving compensation to help pay for your child’s injuries. Children are severely injured every day as a result of negligent care and exposure to dangerous conditions. Studies from 2008 indicated that over 10,000 children die each year as the result of unintentional injuries and around 9.2 million children had an emergency room visit that year. Many of these were caused by a negligent care and can easily be prevented by better child-proofing a house or better attention. These figures are appalling and if your child received injuries while in the care of someone else in Missouri.
Who Is at Fault for a Child Injury Incident?
When an accident involves a child, it can raise complicated legal questions about responsibility. Often, attorneys and insurance adjusters determine fault in an accident by determining if one party committed negligence or failed to act reasonably. However, a child’s ability to act reasonably – and know the consequences of his or her actions – varies widely depending on age and maturity level. Many jurisdictions adopt a reasonable child standard that holds that a child should act like someone of his or her same age, intelligence, and maturity level.
Each case is unique, but in general, minors, particularly younger ones, are not capable of negligence under the eyes of the law. In some cases, older adolescents may be capable of committing negligence, but the law more often presumes that a child does not have the capacity to understand that his or her conduct might contribute to negligence or injury.
In many cases, the parent or present adult ultimately holds responsibility for a child’s conduct or injury. Two theories may play a role in determining who is at fault for a child injury.
When an accident occurs at school, daycare, a friend’s house, or during an extracurricular activity, the adult in charge of the child’s care may be liable for any injury he or she incurs under the concept of negligent supervision. In Missouri, an adult who willingly takes on the supervision of a child has a duty of care to that child and ensuring his or her safety. A breach of that duty could result in negligence, and the child may be able to collect compensation for both the economic and noneconomic damages that result.
When a child sustains a serious injury or dies as a result of someone else’s negligence, parents may be able to collect damages resulting from pain and suffering, emotional distress, and more. A parent may only collect damages under bystander theory if he or she witnessed the accident and suffered more emotional trauma than a typical bystander would watching the accident that caused serious injury or death.
Can a Child Receive Compensation for Car Accident Injuries?
Car accidents are a leading cause of child injury, both in Missouri and in the United States as a whole. When a child sustains injuries in a car accident, the damages are similar to that of an adult. He or she may incur medical bills, require additional therapy, and experience lingering effects from an accident. When insurance caps do not cover the full amount of damages, a parent may consider litigation.
The processes by which a child obtains compensation for injuries may vary. In some cases, the courts require the appointment of a guardian ad litem to guard and oversee the use of damages that a child receives in a car accident claim. Appointing a third party to control a child’s damage award helps ensure that it will go to the care and future expenses associated with a child’s injury. At the age of 18, the restrictions disappear and the remaining damages become the sole award of the child who sustained the injury.
The damages that a child receives following a car accident directly pay for the expenses associated with the accident.
- Economic damages compensate for medical bills, lost income (from the parent missing work to provide care to the child), and any projected medical costs required to make the child whole.
Noneconomic damages may provide recompense for physical pain, suffering, and emotional trauma resulting from the accident. The noneconomic damages a child receives may remain in a trust or under the care of a guardian ad litem until the child turns 18. Our child injury lawyer can help you calculate all the damages you can get compensated for. Contact us today for a free consultation.
Causes of Child Injuries in Kansas City, MO
The majority of child injuries occur as a result of car accidents. Our Kansas City car accident attorneys know negligent driver may be responsible for your child never walking again and should be held responsible. Whether your child was a passenger in your car or simply playing on the street, they can potentially receive life-changing injuries. Other injuries include:
Most of these injuries are the result of negligent child care. There is nothing more upsetting than leaving your child in the care of another adult to discover that their lack of care was the reason for your child’s severe injuries. All adults know that children must be supervised, and an adult who does not show this amount of care when it comes to your child should be responsible for any catastrophes which occur under his or her watch. Child injuries can be devastating for both the victim and his or her family. If your child was injured, you may be feeling a mix of emotions, including confusion and anger. A knowledgeable and compassionate Kansas City child injury attorney can help you understand your available legal options if you suspect negligence resulted in your child’s injuries.
Adult Responsibility in Child Injuries
Many child injuries occur while on someone else’s property. Under Kansas and Missouri law, a property owner has the responsibility to warn of impending injuries or dangerous locations on their property. Children are especially at risk due to their inquisitive nature and their carefree attitude which frequently leads them to explore unsafe areas. Even if your child was not a guest on the property, a property owner can still be liable for any injuries if they failed to warn of an unsafe condition through signs or fencing. If a child falls into an unmarked well and either drowns or breaks a bone, the property owner will be liable for any injuries because the well was hidden.