Pennsauken Township Child Injury Lawyer
Every child experiences countless bumps and bruises before they reach adulthood. Childhood is a time for play, learning, and exploration – all of which can lead to accidents. Most of the time, those accidents result in relatively minor injuries, but there are times when they cause severe injuries or even death.
Watching a child suffer after a serious injury is something no parent should have to endure. Although an attorney cannot restore your child’s health, a Pennsauken Township child injury lawyer may be able to help your family receive financial compensation to offset your losses.
How do Child Injuries Typically Occur and Who is Responsible?
Generally, lawsuits resulting from child injuries involve negligence. The family must prove that the person who caused their child’s injury did not act with a reasonable degree of care and that the failure to act reasonably caused harm to the child.
Many children are hurt or killed in car accidents. Some injuries and deaths could have been prevented with the proper usage of a child safety or booster seat. If a child’s babysitter fails to properly restrain that child in a car seat and a crash occurs, then that babysitter could be found liable for any injuries that the child suffers in the crash. The drivers involved in the collision may also be found at fault if they acted negligently, such as by speeding.
Choking and Suffocation
Because toddlers put almost anything into their mouths, they need to be vigilantly watched so that they do not choke on small objects. If a daycare center leaves choking hazards in an area that is easily accessible to a child, that center could be found liable for any subsequent injuries. Similarly, if a home daycare provider puts a child into his or her crib on his or her stomach and that child suffocates, that daycare provider could be found negligent for failing to observe the reasonable practice of putting a child into his or her crib on his or her back or side.
The owner of a defective playground could be found liable for a child’s fall off of the play structure, as could a school with wet floors or slippery stairs.
If a home does not have proper safety enclosures around a pool and a child drowns or nearly drowns, the homeowner may be found negligent.
If a preschooler swallows toxic paint, that preschool could be found negligent for failing to supervise the child properly.
Defective or Dangerous Products
When a child gets hurt simply by using an unsafe product, his or her family could pursue a case for product liability against the defective item’s manufacturer.
What Losses May be Compensable for Child Injury Victims and Families?
With the help of an attorney in the Pennsauken Township area, the families of injured children could recover damages to compensate them for all of their actual expenses. This includes medical expenses, caregiver costs, physical therapy, short- and long-term rehabilitation, and legal fees.
There is also no statutory limit on the amount of non-economic damages that could be recovered following a child’s injury, such as for the child’s resulting pain and suffering, depression, anxiety, and loss of sleep. Punitive damages of up to a maximum of $350,000 or five times the amount of compensatory damages may even be awarded if the person who caused the child’s injury acted with “actual malice” or with “wanton or willful disregard,” according to New Jersey Revised Statutes §2A:15-5.12.
Pennsauken Township courts operate with a contributory negligence standard, in which NJ Rev Stat §2A:15-5.1 states that the victim’s damages would be reduced according to the degree of the victim’s fault. Fortunately, it is very difficult to prove that a child is partially responsible for his or her own injures.
Make an Appointment with a Pennsauken Township Child Injury Attorney
An injury to your child could result in lifelong changes for both your child and your family. A successful judgment could help ease some of the financial burdens resulting from those changes. Contact a Pennsauken Township child injury lawyer today for the help you need.