You settled your family in Cocoa Beach because of the natural amenities, like Lori Wilson Park where, after an ocean swim, the kids can enjoy the playground while you unpack the picnic. Or you can take them fishing off the Westgate Pier, to Kennedy Space Center, and the Dinosaur Museum. Our family-friendly community boasts low crime and good schools. But there are still situations that can pose a danger.
Your child might be in the care of a babysitter, teacher, coach, or riding in the car with you when an accident happens. Even if your inquisitive child wanders onto another’s property, they are protected by personal injury law and can be compensated for any injuries. If your little one is harmed, contact a Cocoa Beach child injury lawyer to learn your legal options after medical help has been administered.
Negligence occurs when one person or a group of people representing an entity, such as a school board, fails in their duty to act reasonably and responsibly, known as a breach of duty. Because of the breach, an accident occurs in which someone is foreseeably injured. When a child is injured, an adult usually had the duty to protect them through close supervision.
Children are curious and have not yet developed a fear of danger, so protecting them is crucial for the adults in their orbit. According to the Centers for Disease Control and Prevention, Florida has the dubious distinction of being the number one state for drowning among children from one to four years old. Your afternoon on Cocoa Beach can turn tragic if a lifeguard fails to rescue your child before they are seriously injured or drown. If your neighbor has a backyard swimming pool that is accessible to kids because they did not follow Chapter 515 of the Florida Statutes, The Residential Swimming Pool Safety Act, that property owner can be held responsible for child trespassers’ injuries. Note that adult trespassers are not afforded any protection like children are under the Attractive Nuisance Doctrine.
Children are also subject to physical injuries based on negligence in car crashes, when a daycare worker abuses them, or when they wander onto a dangerous property.
Injured children are eligible for compensation for their medical and rehabilitative care, and any emotional trauma suffered when someone negligently or intentionally harms them. Parents could be entitled to compensation for a child’s wrongful death if the elements of negligence are established.
While you are reeling from and dealing with your child’s injuries, our compassionate and aggressive attorneys step in to provide services that will get you compensated for the negligent acts:
You not only have an advocate when you choose our skilled lawyers, you have allies who care about your wellbeing after a child injury in Cocoa Beach.
If your child, or you as a parent, contribute to your child’s injuries, you may still be eligible to collect a damages award.
On March 24, 2023, Florida Statute § 768.81, was implemented as part of sweeping tort reform in the state. For decades, the state adhered to a pure comparative negligence form, in which plaintiffs up to 99 percent responsible for their injuries could still collect one percent from the defendant. The current modified comparative negligence laws permit plaintiffs to collect damages awards in personal injuries, other than medical malpractice, if they are not more than 50 percent responsible for their injuries.
Additionally, the state revised its statute of limitations to file personal injury claims from four years to two years under Fla. Stat. § 95.11(4)(a). These changes are critical, and your child injury attorney should be aware of them because failing to apply them correctly may forever bar a claim.
Small children are among our most vulnerable citizens and any injuries they suffer are usually more severe than adults suffer because of their small size. Our attorneys understand how heartbreaking these injuries are when it is your child, and you see them in pain after the person who caused it is not impacted.
Let’s seek justice for your family together. We can negotiate with insurers and file a personal injury lawsuit if a settlement offer is a slap in the face. Your family deserves the best treatment and substantial compensation, and a Cocoa Beach child injury lawyer offers that.
The Umansky Law Firm Criminal Defense & Injury Attorneys
