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Who Is Liable For My Child’s Injury?


While it is common for children to sustain minor injuries during childhood, sometimes a serious and damaging injury can happen, which may quickly turn into a parent’s worst nightmare. Things may seem even worse if your child’s injury allegedly happened due to another person’s negligence. If your child has been harmed, it can sometimes be difficult to determine who might be liable. Contacting an attorney can be a great help.

High Numbers of Child Injuries

Every year, approximately 1 of 10 children in Florida are injured badly enough to require either an emergency room visit or inpatient hospitalization, as it is generally the number one cause of death for children under the age of 19. 2013 data estimates just over 500,000 children were injured this severely, with emergency room costs being almost $1 billion. Different injuries are more common for different age groups – for example, the leading cause of death for those under the age of 5 is drowning, while teenagers are more likely to be involved in vehicle accidents.

Child injury cases are difficult for both parents and children, in all areas of life; treatment for a younger child may be more expensive or complex than it might be for an adult, as well as requiring more physical effort from the child and the entire family. Also, the emotional toll on both parent and child can be particularly severe. Filing suit may seem overwhelming, but if possible, it can also help to bring some small degree of closure for all involved.

Many Different Methods

The method by which you might seek monetary compensation for your child’s injuries will depend on the way the injury was sustained. For example, if your child was injured on someone else’s land, due to an attractive nuisance or simply some misadventure, you might file a negligence claim on their behalf, based on premises liability law. Alternatively, if your teenager is injured in a car accident with another person, you cannot file suit unless they have suffered a significant and permanent injury; Florida is a no-fault state, which means most auto accident cases must be dealt with by insurance companies, rather than in the courts.

Since your child is a minor (that is, not an adult), you must act on their behalf if a lawsuit is necessary; you can do this as their “next friend.” The legal system presumes that a parent will always act in the child’s best interest, and if that turns out not to be the case, there are safeguards which will ensure that any award given to your child is protected. Still, having an experienced attorney on your side can help ensure that any claim your child may have for their injuries goes as smoothly as possible.

Call A Tampa Child Injury Attorney

Seeing your child injured is a scary thing for most parents; all the more reason why enlisting a knowledgeable Tampa child injury lawyer is so crucial, so that any claims you may have are handled appropriately. The Rinaldo Law Group can provide dedicated and compassionate representation during what is a very difficult time for most families. Call us today for a free consultation.





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