As children grow and learn about the world around them, they can encounter dangers and risks that they do not yet understand. Without fully developed bodies, children live at risk of severe injuries that can happen outside of a parent’s control.
If your child has suffered an injury outside of your care—such as in a public place or at a business providing childcare—then a Eustis child injury lawyer could help. A compassionate personal injury attorney can work with you to investigate what happened and see if someone might be legally responsible for compensation.
Certain places and activities may pose higher risks of injuries for children, with some of the most common being:
Whether because of dangerous equipment, water features, or simply the presence of strangers of any age, these kinds of locations can increase the risk of a child injury. Adults may take on responsibility for a child, such as at daycare, but sometimes children may have little to no supervision outside of their parents.
Limited knowledge about the world and underdeveloped motor skills can put children at higher risk of serious injuries. Physical and mental injuries can affect children, such as:
The causes of these kinds of injuries can range from unsafe premises to a lack of attention by caregivers, and even random, external factors can come into play, such as car crashes and bike accidents. No matter the cause, a child injury attorney could evaluate a particular event and determine who in the Eustis area should take responsibility.
In most cases, you as a parent would make a claim for your damages on your child’s behalf. That claim is subject to specific negligence and timing rules, which a Eustis attorney, who is used to filing claims for child injuries, can help you navigate.
Most injury claims are based in negligence—the breach of a duty that caused an injury. For example, childcare workers have a duty to the children under that care, and a breach of that duty—such as through inattentiveness or failure to remove a danger—can directly cause a child’s injuries.
Those injuries are legally represented as damages, which can include economic value (such as medical costs) and non-economic injuries, like pain and suffering, loss of companionship of a child, or emotional distress. With a successful negligence claim, the jury or judge decides the amount of damages the claim is worth.
However, Florida uses a system of comparative fault, which doles out responsibility for an injury to anyone and everyone responsible, including the injured person. As laid out by Section 768.81 of the Florida Statutes, an injured person can see their damages reduced by the percentage of their own fault, and they can receive nothing if their fault rises above 50 percent. In making a claim, you should know the basic facts of the incident and whether a court might find your child partially at fault.
The timing of your claim can also complicate getting compensation, as you have a limited window to file a claim after a child injury in Eustis. Under Section 95.11 of the Florida Statutes, you have two years to file a claim from the date of the incident for injuries occurring after March 24, 2023.
Claims involving children can allow for more time. Section 95.051 extends the statute of limitations for an additional 7 years if the injured child has not yet turned 18, but you should still plan to make a claim as soon as possible to preserve evidence of what happened.
Taking care of your child after an injury remains the top priority. Afterwards, you may turn to thoughts of how to get recompense for what happened, and that is where a Eustis child injury lawyer can help.
The Umansky Law Firm could support you and investigate the cause of the injury to determine if you have a claim. Speak with us as soon as possible to give you and your child the best shot at compensation.
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