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.
Time-Sensitive: Missouri Law and Your Child’s Filing Window
Missouri pauses the filing deadline for injured children until they turn 21, but evidence from daycare providers, schools, and other parties can disappear long before then. Acting early protects your case.
Hollis Law Firm has recovered $100M+ for clients in settlements and judgments. We handle cases on contingency, so you pay nothing unless we recover compensation for you. Free consultations are available now.
Common Types of Child Injury Cases in Kansas City
Children can be hurt in many different settings, and the party responsible for their safety changes depending on where and how the injury occurred. Common child injury cases our firm handles include:
- Daycare and babysitter negligence: Inadequate supervision, unsafe facilities, or failure to follow basic safety protocols at a daycare center or in-home care setting.
- School and playground injuries: Falls, equipment failures, or inadequate supervision on school grounds or at public playgrounds. Learn more about premises liability claims when a property owner’s negligence causes harm.
- Defective products and toys: Choking hazards, faulty car seats, and other unsafe consumer products can cause serious harm. See our page on product liability claims for more information.
- Birth injuries: Injuries caused by medical negligence during labor and delivery. Visit our birth injury lawyer page to learn more.
- Medical malpractice: Misdiagnosis, medication errors, or surgical mistakes involving a child’s care. Our medical malpractice page covers this in more detail.
- Dog bites: Children are especially vulnerable to serious dog bite injuries. Learn more on our dog bite page.
- Physical or sexual abuse: Harm caused by a caregiver, school employee, or other adult entrusted with a child’s care.
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.
Who Can Be Held Liable for a Child’s Injury?
Identifying every party who may share responsibility is an important part of building a child injury claim. Depending on the circumstances, liability may fall on:
Daycare Providers and Schools
Daycare centers, babysitters, and schools have a duty to supervise children and maintain safe facilities. Failing to follow staff-to-child ratios, ignoring known hazards, or hiring unqualified staff can support a negligence claim.
Property Owners
Owners of playgrounds, pools, apartment complexes, and other properties are responsible for maintaining reasonably safe conditions. Injuries from broken equipment, unsecured pools, or hazardous walkways may fall under premises liability.
Product Manufacturers and Retailers
Companies that design, manufacture, or sell defective children’s products, including toys, car seats, and furniture, can be held liable when a design or manufacturing defect causes injury.
Medical Providers
Doctors, nurses, and hospitals that fail to meet the standard of care during pregnancy, delivery, or pediatric treatment may be liable for resulting birth injuries or medical malpractice.
Other Parents, Guardians, or Caregivers
In some cases, another parent, guardian, or adult supervising a child at the time of the injury may bear some responsibility for what happened.
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 complete and file all necessary legal paperwork on your behalf.
We speak and negotiate on your behalf throughout the process.
We manage communication with other parties and insurance companies.
We collect and analyze evidence to support your claim.
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.
Risks of Representing Yourself in a Child Injury Claim
- Serious mistakes that reduce your compensation
- Risk of losing your case
- Lengthened litigation
- Increased stress during an already difficult time
Steps to Take After Your Child Is Injured in Kansas City
What you do in the days following your child’s injury can affect the strength of your claim.
Seek Medical Attention Immediately
Even if an injury seems minor, have your child evaluated by a medical provider as soon as possible. Some injuries, including brain injuries, are not immediately obvious. Medical records also help establish the connection between the incident and your child’s injuries.
Document the Incident
Take photos of the location, any hazardous conditions, and your child’s visible injuries as soon as you are able. Write down what happened while the details are still fresh.
Report the Incident
Notify the daycare, school, property owner, or other responsible party in writing, and request a copy of any incident report they create.
Avoid Giving Statements to Insurance Companies
Insurance adjusters may contact you quickly after an incident. Avoid giving a recorded statement or accepting a settlement offer before speaking with an attorney.
Consult a Kansas City Child Injury Lawyer
An attorney can help you understand your child’s legal options, gather evidence, and handle communication with insurance companies and other parties on your behalf. Contact Hollis Law Firm for a free consultation.
Compensation You May Recover in a Child Injury Case
Every child injury case is different, but families may be entitled to recover compensation for:
- Current and future medical expenses, including ongoing treatment and therapy
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Lost wages for parents or guardians who must take time off work
- Funeral and burial expenses in cases resulting in wrongful death
The value of a claim depends on the severity of your child’s injuries, the degree of fault of each party involved, and the available insurance coverage.
Statute of Limitations for Missouri Child Injury Claims
Missouri law extends special protection to injured children. Under Missouri Revised Statutes Section 516.170, the standard filing deadline is paused, or “tolled,” while the injured person is a minor. In most personal injury cases, this means the five-year filing clock does not begin until your child turns 21, at which point the standard filing period applies.
This tolling provision gives families more time than adults typically have, but there are important exceptions. Claims involving medical malpractice, for example, follow a separate and shorter filing deadline under Missouri law. Because these rules involve exceptions that can affect your family’s specific case, it is best to speak with an attorney as soon as possible after your child’s injury.
Even when a filing deadline is not imminent, waiting to pursue a claim can still hurt your case. Evidence such as surveillance footage, incident reports, and witness memories can fade or disappear long before a legal deadline arrives. Contact Hollis Law Firm to begin protecting your child’s rights today.
Frequently Asked Questions About Kansas City Child Injury Claims
Below are answers to some of the most common questions our Kansas City child injury lawyer receives from families of injured children.
