What You’ll Learn in this Article:
- Injured children in Kentucky are entitled to damages following an auto accident, similar to adults.
- Child injury cases have differences in handling compared to those of adults.
- Due to their smaller stature or improper restraint, children face a higher risk of severe injury in auto accidents.
- It is crucial to connect with a child injury lawyer well-versed in navigating personal injury law.
What Is a Child Injury?
A child injury in Kentucky refers to any harm or damage suffered by a person under the age of 18 as a result of an accident or incident. These unintentional injuries can occur in various situations, such as car accidents, falls, or incidents at school or daycare.
A child’s injuries may range from minor cuts and bruises to more severe issues like broken bones, concussions, or emotional distress. A child injury lawyer from a law firm familiar with Kentucky law recognizes that children, due to their smaller size and developing bodies, may be more vulnerable to pain.
Types of Accidents That Cause Child Injuries in Kentucky
A child’s injuries can happen in various situations, each presenting unique challenges for the affected families. From accidents on the road to incidents at school or daycare, understanding the diverse types of child injury accidents is crucial.
School, Church, and Daycare
A child’s injuries can unfortunately occur in places meant to be safe and nurturing, such as schools, churches, or daycares. Playgrounds, a source of joy and recreation for many children, are the leading cause of a child’s injuries. Whether it’s a slip-and-fall, negligent supervision, sexual abuse, a collision, or equipment-related mishaps caused by defective products, these incidents can result in playground injuries.
Property owners bear the responsibility to maintain a safe environment. When negligence in maintenance or supervision contributes to a child’s injury, it becomes essential to seek legal guidance from an experienced personal injury lawyer to address the consequences and ensure the child receives the support they need for recovery. Premises liability can be complex when determining potential liability. A law firm with child injury lawyers can offer guidance.
Dog Bites
Children are particularly vulnerable to severe injuries caused by dog bites. These animal attacks can see a child injured. Then the child suffers from pain and suffering, emotional trauma, scarring that may last a lifetime, and even wrongful death.
If your loved one has experienced a dog bite, parents should seek legal advice with a free consultation from an injury lawyer to understand their rights and pursue the necessary steps to ensure their child receives financial compensation and support for their recovery.
Your family should hold a property owner or other liable parties responsible. Whether by intentional actions or gross negligence, when an accident occurs, you are allowed to pursue compensation with the help of a child injury attorney. The responsible party should be held liable by your law firm for any negligence to the full extent of the law.
Vehicle Accidents
An estimated 162,298 children incurred injuries in auto accidents in 2021 in the US, up 17 percent from 2020.
Children face enhanced risk in car accidents. Typical restraints in motor vehicles do not adequately protect children from harm during a car crash.
While children who are actively protected by the proper child restraint system (CRS) for their size and age are far less likely to be fatally or seriously injured, injuries can still happen even when parents and caregivers take all the necessary precautions to protect their children.
Here’s what you need to know about seeking compensation with a law firm if your child was injured and why contacting a child injury lawyer is in your best interest.
Child Injuries and Personal Injury Claims with a Child Injury Lawyer
If your child has been injured in a motor vehicle collision and you believe it is the result of the negligent actions of someone else, the state of Kentucky offers the same kind of right to compensation and damages for their injuries.
There is one important difference between a child’s case and an injury claim for an adult. For those over 18, Kentucky law dictates that the statute of limitations for a personal injury claim is often one year.
For auto accidents, most cases have a full two years following a car crash or other auto-related incident to file a personal injury claim.
However, because the long-term effects of a child’s injury may not all be entirely apparent right away, the statute of limitations for a child injury case does not end until one year after the child turns 18.
Kentucky also protects a child’s best interests when they are awarded a settlement. If the compensation awarded is any amount over $10,000, the Court appoints a guardian or conservator to supervise these funds until they turn 18.
An experienced child injury lawyer, well-versed in the intricacies of handling a personal injury claim, can help ensure this is properly managed by their law firm.
Common Child Injuries Resulting from Motor Vehicle Collisions
Children can suffer from similar injuries that adults can incur after an accident, including:
- Soft tissue injuries
- Whiplash
- Broken bones
- Scrapes, cuts, and lacerations
- Head injuries or TBIs
- Chest injuries
- Injuries to arms and legs
- Permanent injuries
- Psychological difficulties or mental anguish
A Note About Airbags Causing Injuries
Airbags are a significant risk for children and infants involved in auto accidents if they have been improperly restrained in the front seat, or if they are sitting in the front seat and do not meet height and weight requirements.
When an airbag deploys in a car crash, it can result in a range of child injuries including:
- Skull fractures
- Brain injuries
- Facial burns
- A broken nose
- Ocular injuries
- Neck and spinal injuries
For these reasons, specific guidelines outline when a child can move to the front seat, as well as what kind of car seat or booster seat they should use, and even which direction a car seat should face when sitting in the back seat.
What Should Families Do After a Child Has Been Involved in a Car Accident?
Here are the steps to take if your minor has been injured in an auto accident because of someone else’s negligence.
If you are on the scene, document as much information as possible using our accident checklist. If your loved one was riding with another driver, get as much information as possible regarding the accident.
Additionally, you will want to notify your insurance company of the incident, and then contact a personal injury attorney to help you determine the best next steps to take with any accident-related injuries.
If your loved one has been injured in a car crash, it’s critical they are seen by a doctor for evaluation. Especially in the case of very young children, they might not realize that they have been injured, or they might not be able to communicate how they are feeling, or the adrenaline from the accident may mask some of their injuries until later on.
Not only does this ensure that your minor is getting the medical attention they may need, but in a child injury claim, it demonstrates that you are ensuring they receive the best medical care possible from an experienced team and provides proper documentation. You may also consider getting care from a psychologist to help them address any fear, anxiety, or other psychological distress.
A law firm of car accident lawyers should be your next call. To secure maximum compensation and hold the at fault driver or manufacturer responsible in cases of defective product liability, an expert law firm will be your best advocate regarding personal injury law.
McCoy & Sparks – Kentucky Car Accident Lawyers
As a parent, you want to do everything you can to protect your family from harm and see your children reaching adulthood. After an accident, a child injury lawyer will help you advocate for you and do everything possible to help your child recover and relieve the stress of medical bills and expenses from you.
The period after an incident can be a scary and stressful time–and you shouldn’t have to navigate that time alone. We’re here to ensure you can get the help and support needed to move forward, managing the intricacies of personal injury cases for children and ensuring the best possible outcome with care, compassion, and an experienced awareness of Kentucky laws surrounding child injury claims.
Our law firm can fight for you whether you are dealing with birth injuries, incidents of sexual abuse, or any other sensitive situation involving minors.
Let our experienced team help you and your child after an incident on the road or on someone else’s property. Call a child injury lawyer at McCoy & Sparks at (844) 4KY-WINS, or contact us for a free initial consultation today.