Children, especially our own, are exceptional and invaluable parts of our lives, but they don’t always know how to care for themselves and avoid dangers properly. Hiring a babysitter or dropping kids off at daycare is necessary for ensuring they are safe when you aren’t available to take care of them, such as when you go to work or need to head out of town. But when a child’s injury occurs and their guardians aren’t in the immediate vicinity, the people we’ve trusted with their care should be held accountable.
Proving liability can be complex, but it isn’t impossible when you have a qualified Kansas City personal injury lawyer by your side. Working with an attorney from Hollis Law Firm can be an outstanding way to receive fair compensation for your losses, including medical expenses, the time you take off work to tend to your child’s healing and well-being, and other damages. We encourage you to contact our team for assistance, as we can support you through this challenging legal process. Contact us as soon as possible to schedule a free consultation with a dedicated and understanding Kansas City child injury lawyer.
How to Prove Liability in Your Child Injury Case
Proving liability in a child’s injuries case can be complex, as you must fulfill four requirements while demonstrating your claims. The four elements that should be present in your case include the following:
Duty of Care
Put simply, duty of care is the responsibility one holds to prioritize the safety of others. Actions taken by an individual can impact others, even if they aren’t immediately nearby. Product manufacturers are responsible for ensuring customers can use their purchased items safely. Car drivers are responsible for driving the speed limit and following other traffic laws, as these both reduce the risk of injury to themselves and others on the road. Additionally, legal actions taken on a child’s behalf must prioritize their best interests, ensuring their safety and welfare.
Negligence
Negligence is the breaking of an existing duty of care. For instance, someone driving far faster than the speed limit increases the likelihood of a collision on the street. When someone is negligent around your child, the possibility of serious injuries for your kid is much higher. You may need evidence to prove someone was acting negligently in a way that impacted your child’s safety. For example, broken bones, brain or spinal cord injuries, or physical injuries can be linked to such negligence.
Injuries
Any injuries in your case must come directly from the at-fault individual’s negligence. Just because someone was negligent does not immediately mean they are responsible for medical treatment costs. For instance, a driver who speeds will not be liable for an accident they did not cause. Often, you can prove that injuries, including psychological injuries, are connected to an incident and negligence with a medical document dated shortly after. Medical expenses may continue to rise, and this could include the need for ongoing treatment or even future medical expenses if your child’s injuries have long-term consequences. Sexual abuse cases also need careful handling to establish harm and accountability.
Financial Loss
While you can receive compensation for non-economic losses, such as emotional pain, emotional distress, or scarring and disfigurement, these are insufficient. Economic losses must be present, like medical bills, property damage, or lost wages. This makes it far easier to demonstrate an objective impact the accident has had on your child and family’s lives. If your child’s injury results in the need for ongoing treatment or future care, you can seek compensation to cover these future expenses as well.
We strongly encourage you to work with an attorney to prove these four items are accurate during proceedings, as this can make it far easier to win your case. Demonstrating that these elements hold true can ensure your eligibility for compensation, and Hollis Law Firm can make navigating and convincing others far simpler.
How Can a Kansas City Child Injury Lawyer Help With Your Child Injury Claims?
Whenever you are involved in personal injury litigation, especially those involving a personal injury lawsuit for injured children, we recommend retaining an attorney with experience in your case type. We suggest you work with an experienced personal injury lawyer who serves the Kansas City area, as your attorney will have the tools and resources to support you through the oncoming challenges.
When you retain an attorney from Hollis Law Firm, we can complete and file any legal paperwork, speak on your behalf, manage communication with other parties and insurance companies, collect and analyze evidence, and much more. Every task we undertake aids your success, allowing you to focus on other essential aspects of your life. Reduced stress can ease the burden on your body during healing, speeding up the recovery process.
We urge you to refrain from representing yourself during legal process matters, including those of child injury claims. Self-representation can result in serious mistakes that reduce your compensation, risk you losing the case, lengthen litigation, increase stress, and several other adverse effects. Instead, we encourage you to retain an attorney from Hollis Law Firm. Please get in touch with us as soon as possible to schedule a free consultation and boost your odds of legal success even further.
Frequently Asked Questions About Kansas City Child Injury Claims
What are common types of child injury cases that city child injury lawyers handle?
City child injury lawyers often work on cases involving injuries sustained at daycare centers, schools, or playgrounds, as well as cases resulting from defective products, birth injuries, medical malpractice, or even physical abuse. Each case can vary in complexity, and proving liability often requires demonstrating negligence or a breach of duty by the responsible parties. For instance, brain injuries can result from incidents such as falls or motor vehicle accidents, making it essential to work with an experienced personal injury attorney who can manage these complex cases effectively.
How can a parent prove negligence in a child injury case involving physical abuse?
In a child injury case involving physical abuse, proving negligence requires showing that the caregiver or other responsible individual failed to uphold a duty of care, leading to harm. Evidence such as medical treatment records, witness statements, or surveillance footage can strengthen the case. Working with a city child injury lawyer can help gather and present this evidence effectively. If physical therapy or seeking medical attention is required, having documentation of these steps will play a significant role in demonstrating the extent of the harm.
What should I do if my child has suffered injuries due to a defective product?
If your child has been injured by a defective product, document the injuries and preserve the product as evidence, if possible. Reach out to a city child injury lawyer who can assess if the manufacturer or retailer can be held liable. Kansas City personal injury cases involving defective products can be complex, and legal assistance is crucial in proving the defect and securing compensation for damages, including medical expenses and any future medical expenses related to the injury.
Why is it important to hire a lawyer for personal injury cases involving children?
Personal injury cases involving children can be legally complex, often requiring evidence of negligence, documentation of damages, and a focus on the child’s future well-being. A city child injury lawyer can navigate these elements, manage negotiations with insurance companies, and represent the child’s best interests, helping to secure the compensation needed for medical treatment and emotional recovery. Whether the injury involves birth injuries, brain injuries, or broken bones, having an experienced personal injury attorney is essential in protecting the child’s rights and securing compensation.
What role does a city child injury lawyer play in securing compensation after an injury?
A city child injury lawyer can play a vital role in ensuring proper documentation, evidence gathering, and communication with opposing parties. They help establish liability and negotiate for compensation to cover medical bills, rehabilitation, and other related costs. In cases of physical abuse or other severe injuries, having legal representation can significantly impact the outcome of the case, ensuring the child’s rights are protected. An attorney will also advocate for compensation to cover any ongoing treatment or physical therapy that may be required.
