If a personโs poor choices or negligent actions lead to the harm of a child, the whole family can bear the consequences. Not only does the child have to suffer the pain and difficulties of their injuries, but you as their parent or guardian have to handle the costs, the time lost at work, and the countless other challenges you now face, not to mention the emotional pain of seeing your child injured.
The costs of these injuries and the pain involved may be compensable in a lawsuit with a successful personal injury attorney. Retain a qualified Cleveland child injury lawyer to begin the filing of your claim.
Where do Child Injuries Typically Occur?
Child injuries can happen in a wide variety ways. When they occur because an adult makes improper choices or fails to adequately supervise, thereby breaching their duty of care, the negligent party may be found liable.
Common ways a child injury might occur due to a defendantโs negligence include:
- Negligent supervision or care
- Dog bitesย or other animal attacks
- Motor vehicle wrecks
- Birth or labor injuries
- Defective toy and product accidents
- School or daycare accidents
- Playground equipment defects
- Crib injuries and car seat injuries
- Drownings and otherย wrongful death scenarios
A thorough investigation is often needed to prove a child injury claim. With the professional help and guidance of an attorney, parents may seek compensation for injuries that occurred to their child.
Proving Negligence in Child Injury Claims
Proving that someone violated their duty of care to a child requires strong evidence. A dedicated attorney could investigate the facts of a Cleveland case to determine how it occurred. They may examine:
- The childโs testimony
- Medical records and reports
- Law enforcement narratives
- Recordings of the incident
- Expert reports on products
These and countless other forms of evidence may be useful in proving liability in a child injury claim.
Adult Representatives in Child Injury Lawsuits
A child under the legal age of 18 years old cannot represent themselves in a civil claim. Instead, an adult representative is needed for most minors to act as the plaintiff and represent their interests. This adult is often the childโs parent but could be another legal guardian.
An attorney can help navigate the complicated issue of representing children. For example, Ohio Revised Code ยง2305.10 requires most civil lawsuits to be filed within two years of the date the injury occurred. Usually, failure to file within this time limit precludes any recovery for an injured plaintiff.
Child injuries, however, may be excluded from this statutory deadline. In many cases, the statute of limitations wonโt begin to run until the child turns 18. To ensure a child injury claim if filed within the applicable deadline, itโs best to let a Cleveland lawyer handle the case filing.
Schedule a Meeting with a Child Injury Attorney in Cleveland
After your child has been injured, you might need help in figuring out what to do next. Proving who is responsible for the harms may be challenging without qualified legal counsel. Fortunately, an experienced Cleveland child injury lawyer is here to help. Contact us today for the representation you need.