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hurt in an accident?
CONTACT HYATT & GOLDBLOOM
Qualified Child Injury Lawyers In Baltimore, Maryland
Dealing with the medical and legal consequences of a child’s injury can be tougher for parents than dealing with their own injuries. The person or company responsible for hurting your child may make you feel angry and helpless about their uncertain future. It could also be challenging to imagine going through a personal injury lawsuit due to heightened emotions. Additionally, companies and insurance providers may try to put the blame on you or your child to evade liability.
At Hyatt & Goldbloom, our Baltimore child injury lawyers empathize with the difficulties of pursuing an injury claim for a child. We are committed to championing the rights of children against neglectful parties such as schools, daycare facilities, and product manufacturers. Contact our Maryland personal injury law firm now for a free consultation and learn more about how we can help you and your family.
Common Accidents Involving Children In Maryland
Our experienced child injury lawyers in Baltimore, MD specializing in pediatric injuries believe that anyone who puts a child’s life in danger, whether through medical malpractice, speeding, reckless driving, driving under the influence, or failure to maintain their vehicle, should be responsible for the harm, pain, and injuries they have caused. There are various forms of accidents that can harm children, but below are some of the most common:
Motor Vehicle Accidents
Due to their small bodies not being able to handle physical impact as effectively, children are at a higher risk of sustaining severe injuries in car accidents compared to adults. Our Baltimore child injury lawyers have a record of successfully representing minors who have been injured in vehicular accidents, whether as passengers or pedestrians.
School
Child injuries at school are a common occurrence in Maryland due to the amount of time children spend at educational institutions. These injuries can happen at any level of schooling, from preschool to high school. The following locations are where child injuries most commonly occur at school.
- Classroom
- Recess
- Lunch
- Physical education classes
- Playground equipment
Pools & Hot Tubs
Among kids aged 1 to 14, drowning is the second leading cause of unintentional injury-related death. The duty of an adult host to supervise the use of a pool or spa by minor guests decreases as the child’s age increases. If a pool or hot tub injury occurs to a child and the host parent had a duty to prevent this, they may be liable.
Dog Bites
Each year, thousands of children are bitten by dogs, often by a dog owned by a friend or neighbor. At Hyatt & Goldbloom, our Baltimore dog bite lawyers have represented children who have fallen victim to an unsupervised dog. Many times the dog’s owner may be liable if the attack should have been prevented.
Daycare Centers
Daycare centers often have insufficient staff or fail to use playground equipment correctly, resulting in frequent injuries to children. Our Baltimore child injury lawyers frequently see injury cases that occur at daycare. These cases can be tricky which is why it’s critical to have an experienced legal team representing you and your child’s best interests.
Long-Term Effects Of Childhood Injuries
Although children may recover faster than adults in some cases, they can experience long-term effects from childhood injuries that adults do not. For instance, if a child breaks or fractures a bone during a car accident, it could affect their growth plates. If the injuries are severe, continuing care may be required years later. Additionally, the child may experience impairment or loss of limb use, even after the injuries have healed.
Complications may arise later in a child’s life if they experience a brain injury. Assessing potential loss of brain function after a car accident is challenging, as the affected area may not develop or be utilized for several years. For example, an injury to the part of the brain responsible for motor skills like writing in early childhood may not become apparent until the child shows delayed development signs once they begin school. Hiring a competent Baltimore child injury lawyer can help you navigate potential challenges and secure proper compensation and medical benefits for your child’s injuries both now and in the future.
Liability For Dangerous Property
The law provides extra protection for children who get injured on someone’s property, even if they are trespassing. Premises liability is used to decide if the property owner was negligent, careless, or reckless, and therefore responsible for paying damages to the child or their family. Accidents like slip and falls or dog bites are very common on someone else’s property. These cases can be very nuanced and specific circumstances will determine how your case should be handled. It’s best to speak with one of our child injury lawyers in Baltimore, MD as soon as possible to determine the best next steps.
Liability for Child Trespassing
Entering someone’s property without permission is considered trespassing. In the past, property owners were not required to take care of trespassers, unless they harmed the person on purpose, even if the trespasser was a child. Also, if a trespasser got hurt, the property owner wasn’t responsible for compensating them for any damages. But the “attractive nuisance law” has altered this.
During the late 1870s, some courts thought the punishment for trespassing was too harsh, especially for children who may not understand it. As a result, the “attractive nuisance doctrine” was created, which allows children to be excused for certain actions. If a child is injured in Maryland, a personal injury attorney must prove that certain conditions have been met under this law, these include:
- The defendant was aware of or had some knowledge that the child was likely to enter the property without permission
- The defendant was aware of or had some knowledge that there was a dangerous condition that could cause serious bodily injury or death
- Children wouldn’t be able to understand the risk of the dangerous condition
- The mitigation of the dangerous condition or the burden of fixing the problem was considered less than the possible risk to the child
- Defendant did not provide reasonable care or maintain safe conditions on their property
The court considers the age and intelligence of an injured child before determining if they understood the risk. Additionally, the court takes into account whether the defendant took reasonable measures to ensure the safety of their property. Warning signs, such as “Danger” or “Beware,” may be sufficient for a teenager but not a younger child.
Frequently Asked Questions
What Are The Statute Of Limitations For Child Injuries In Maryland?
In Maryland, there is a statute of limitations for personal injury claims that gives adults 3 years to file a lawsuit. For minors, the statute of limitations extends until the day before their 21st birthday. It’s recommended that parents file a lawsuit for their child’s injury as soon as possible to avoid fading memories and difficulty in finding medical records and bills later on.
If one parent has sole custody of a minor and there is an accident, only that custodial parent can file a lawsuit on behalf of the child for up to one year. If the custodial parent doesn’t file a lawsuit within that time, then anyone else, including the non-custodial parent or any other adult, can file on the child’s behalf as the child’s best friend.
Who Can File An Injury Lawsuit For My Child?
It is important to note that children are unable to protect themselves or assert their own legal rights. As a result, it is the responsibility of their parent(s) or legal guardian(s) to take any legal action on their behalf. Although filing a personal injury lawsuit cannot undo the harm suffered by your child, it can assist in covering medical expenses and additional costs. Moreover, the outcome of the case can potentially prevent other children from experiencing similar accidents in the future.
When you file a personal injury lawsuit for a child, it can be complicated because the insurance company or manufacturer may blame the child for the injuries. It’s not clear if a minor can be responsible for their own damages. Young children (typically under 6 years old) are usually considered incapable of contributory negligence. However, for pre-teens and teenagers, it may be harder to determine fault. The courts usually decide on a case-by-case basis whether a child is liable.
If you are struggling to protect and care for your injured child while facing tactics meant to deny you proper compensation, it can be emotionally exhausting. A solution is to seek help from a qualified Baltimore child injury lawyer at Hyatt & Goldbloom. By taking on your legal claim, we can help relieve some of the burden and allow you to focus on your family. Our firm is experienced in dealing with insurance adjusters, corporations, and even government entities like school districts. You can trust us to fight fiercely for your rightful compensation, while you take care of your child.
Contact Our Baltimore Child Injury Lawyers Today
If you’re taking care of an injured child or dealing with a tragic loss, you don’t have to face the legal process alone. Hyatt & Goldbloom has experienced Baltimore child injury lawyers who have helped many children and parents all throughout Maryland. You can speak with us about your case without any obligation during a free initial consultation. Contact us today to learn more about the next steps to file a personal injury lawsuit for your child.