5 Most Common Types of Child Injury Claims

Rachel N. Woloshin

Author: Rachel N. Woloshin

POST DATE: 11.6.23
Ccha  Personal Injury

For most parents and guardians, the worst fear is that something will happen to their children. We work hard to protect them, and when the unforeseen occurs, it can be devastating for everyone involved, especially if the accident could have been preventable. 

Many situations can pose an inherent threat to children, and if a business or individual fails to implement reasonable safety measures, you and your family may have the legal right to seek justice and compensation. Child injury claims differ from other claims because the parent or guardian is responsible for filing the claim on their behalf. An experienced child injury attorney at Church Church Hittle and Antrim can help you understand the process of filing a claim and pursuing meaningful recovery.

Common Types of Child Injury Claims

Like anyone else, injuries to children can occur in any number of ways. Instances of intentional abuse or neglect are the most reprehensible, but there are also many common types of unintentional injuries.

Motor Vehicle Crashes

One of the most common causes of significant bodily harm to minors is motor vehicle accidents. Cars and trucks are not inherently designed for children, so it is crucial to secure small children properly in car seats and booster seats. Even then, their smaller height and weight leave them less protected than adults. According to the National Highway Traffic Safety Association, an average of 3 children died, and an estimated 445 children were injured every day, in traffic crashes in the United States in 2021.

Foot in cast

Pedestrian/Bicycle Accidents

Young children are less prone to look both ways before crossing the street or to judge distance correctly. They are also slower to move out of the way of oncoming vehicles. Most grown adults have been in situations where they have the right of way, but an oncoming vehicle does not see them, and they must wait or hurry to one side of the street. These situations are more difficult for children because of their generally slower reaction times. It is the responsibility of an adult driver to be aware of children and others in crosswalks, parking lots, and neighborhoods.

Dog Bites

Over 2 million children sustain dog bites each year. Being bit by a dog can be traumatic at any age. It is the responsibility of the dog owner to ensure that others within their proximity are kept safe and that they understand their pet’s behavior tendencies. Some dogs are great with adults but are terrible with children and should be kept away from them. Indiana generally follows the one-bite rule, which means if the dog had never bitten anyone before or showed aggressive behavior, the owner is generally not expected to have known the victim was in an unsafe position. Your personal injury attorney can help you navigate this rule should it apply and determine if certain arguments also apply, such as a heightened duty of care for sound children.

Defective Products

One of the primary reasons that defective products are such a concern is that a child will not recognize a defective product when they see one. Whether the problem is lead paint, parts that pose a choking hazard, sharp edges, flammability, or other hazards, a child will not understand that there is a problem until it is too late. Designers and manufacturers of children’s products have to be aware of the end-user’s safety and can be held liable if they are not.

Playground Accidents

The equipment on playgrounds has come a long way in the last decade or two. Anyone over 30 will likely remember scorching hot metal slides with no guard rails, splintered wooden spinning contraptions, rusted swings, and plenty of other fun yet dangerous playground amenities. Some of these classic pieces of equipment still exist, posing even more risk than they did decades ago. Even modern playgrounds can pose avoidable risks. If a child is injured on a playground in a way that was preventable with reasonable maintenance, the owner of the facility, such as a school, daycare facility, or city, could be held liable.

Playground accidents

Average Settlement For Child Injury Claims

The compensation owed for child injury claims is largely based on the severity of the child’s injuries. Damages should ideally cover medical expenses, ongoing treatment, and all other costs associated with the injury. Experiencing a painful accident can also have long-lasting effects on a child’s mental and emotional state, causing pain and suffering, post-traumatic stress, anxiety, and more. In many cases, this damage is also compensable. Each situation is unique and should be evaluated on its own merit by an experienced child injury lawyer who can help you pursue maximum compensation.

Contact Us

Church Church Hittle and Antrim have proudly served injured clients in Indiana since 1880. Our team of experienced personal injury attorneys understands how devastating it can be to see a child in pain, and we are here to help you get what you and your family need to move forward.

Contact usto schedule an appointment.