Miami Personal Injury Lawyer For Injuries To Children
The majority of people in Miami who file a personal injury lawsuit have suffered their own injuries. These lawsuits often stem from car accidents, medical malpractice, slip-and-falls and other types of accidents caused by others’ negligence. However, injuries and accidents are not limited to adults. Too many times, children are hurt because of the carelessness or negligence of others.
Children who suffer severe injuries can have their entire lives impacted. A bad fracture at a young age can result in growth problems with the limb. Traumatic head injuries can cause brain damage that adversely affects a child’s mental or physical development. Children have legal rights and should be compensated if they are injured through no fault of their own. I am attorney Jared Newman, and I am dedicated to representing injured children and their families. If your child was injured because of another’s actions, call my firm, Jared Newman, Esq., at 954-281-7709 to schedule a free consultation.
Common Child Injuries In Miami
Children are going to get hurt. Childhood is a time of adventure, learning, exploration and, unfortunately, injuries. However, not every childhood injury is an accident. Many serious injuries are the direct result of others’ actions.
If your child is severely injured, you could be facing expensive medical costs, and your child might be looking at months or years of painful recovery and physical therapy. Understanding your legal options is vitally important if the injury was preventable. In Miami, children are injured in a wide variety of circumstances.
Preventable Birth Injuries
Unfortunately, many children are severely injured before most of their lives begin. When a medical professional makes an unjustified error or decision during delivery, a newborn child could suffer a serious or permanent injury. Improper use of forceps or a mishandled breech birth often deprives an infant of oxygen and damages their developing brain. Birth injuries can result in a lifetime of suffering and astronomical expenses.
Riding in a car is one of the most dangerous things many people do in Miami. Car accidents result in many serious injuries and lawsuits. Children are also hurt in car accidents. Despite improvements in safety technology and child seats, many young children are injured in car accidents every year.
Injuries are not limited to children inside an automobile. Many children are struck by cars while playing, crossing the street or riding their bikes. When a child is hurt because of the negligence of a Miami driver, that driver should be held responsible for the harm they caused.
Sports Or Recreational Injuries
As children grow, parents often sign them up for youth sports or other physical activities. These activities help improve a child’s physical and mental health. However, if a coach or instructor acts negligently, allowing a child to play in an unsafe manner or pushing a child beyond their physical capabilities, injuries can occur. When a child is hurt because a coach or instructor violated the trust parents placed in them, they should be held accountable.
Adults in Miami are often injured because a property owner failed to maintain their property in a safe condition. Children are also susceptible to these types of accidents and injuries. A wet floor in a supermarket, a cracked or uneven sidewalk, or a broken railing can easily cause a child to lose their balance, fall and hurt themselves. Accidents in or around a pool are another common cause of injury resulting in premises liability lawsuits in Miami. While a parent’s first reaction might be that their child was misbehaving, such as running in a store or on a wet surface surrounding a neighbor’s pool, it does not mean that a property owner or manager is free from liability. If your child is injured on someone else’s property, you should speak with me.
Miami holds dog owners under strict liability for the behavior of their pets. This means that no matter what your child does, the dog owner will still bear a portion of the blame. Dogs attract the attention of young children. This attraction and a child’s natural curiosity are two reasons that, statistically, children are bitten more frequently than adults. A dog owner will often blame the child for any bite. However, that does not mean that the pet owner should not be held responsible if their dog injures a child.
Children’s toys come with age suggestions and restrictions. However, if they are defective or the warning is insufficient, a child could be hurt. Other products can also harm our children. Unstable furniture or an unsecured bookshelf can seriously injury a small child. Some children are injured in crib-related accidents. In some cases, a gate might malfunction or the crib provides an unsafe foothold for a child to climb out. Many parents blame themselves for these types of injuries without considering their legal recourses.
Proving Negligence In A Miami Child Injury Lawsuit
A minor child does not have the right to file a lawsuit on their own. However, a parent or guardian has the right to bring a personal lawsuit on their behalf. Whether I file a lawsuit for an adult or a parent on behalf of their child, they must establish that the defendant was negligent. To prove negligence, a plaintiff, even if it is a child, must show that the defendant owed them a legal duty of care, breached their duty, caused their injury and the child suffered actual damages because of it.
Florida follows the comparative negligence rule in personal injury cases. Under this rule, a jury or judge will determine what percentage of blame the defendant and plaintiff share. This means, if a plaintiff is found to have been 25% responsible for their injury, their awarded compensation would be decreased by that percentage. This rule is also followed in personal injury cases involving children. However, I will argue that the child’s role was minimal, if any, should the facts allow.
Call Jared Newman, Esq., For A Free Legal Consultation
No parent likes seeing their child injured. However, when another person’s conduct has caused the injury, that pain is often coupled with anger. With my help, you could try to hold that person legally and financially responsible for the harm they caused. At Jared Newman, Esq., I am committed to fighting for the rights of injured children and their families. If your child suffered an injury because of another’s actions, call 954-281-7709 to schedule a free consultation and review your legal options.