The desire to keep children safe unites Illinois child injury lawyers and parents of all cultures, religions, and parenting philosophies. Accidents that cause serious injuries and fatalities are always sad, but when they involve the serious injury or death of a child, they are particularly tragic.
Everyone likes to believe that an accident that badly hurts or kills a child will never happen to their family. Unfortunately, the statistics tell us otherwise. According to the CDC, injury is the number one cause of death for children ages 1 – 14 in the United States.
Common Childhood Accidents
There are many causes of childhood accidents – some of which are predictable and others which are surprising. Some common types of childhood accidents include:
- Playground Injuries: Approximately 200,000 children a year are treated in U.S. hospitals for playground injuries. Many of these injuries are caused by unsafe playground equipment that is broken or does not meet current safety guidelines.
- Bicycle Accidents: According to the Yale School of Medicine, approximately 250,000 children a year are treated in U.S. hospitals for bike accident injuries, and almost half of them suffer traumatic brain injuries.
- Pedestrian Accidents: Children are often walking to and from school, the bus stop, activities, and friends’ houses. Children on the busy streets of Chicago, the commonly used streets of the suburbs, and the less frequented rural roads are all at risk of serious injuries from motor vehicles.
- Drowning: Often occurs in residential swimming pools that are not properly fenced and secured.
- Car Accidents: Car accidents are a leading cause of injury and death among children. Children, like adults, have the right to recover damages from the person responsible for their injuries.
- Medical Malpractice: It is particularly tragic when children are the victims of medical malpractice since they have suffered harm by those with a responsibility to protect their health.
- Defective Children’s Products: Baby gear, such as cribs, high chairs and strollers, toys, car seats, bedding, and other equipment is regularly found to be defective by the US Product Safety Commission after serious injuries, or fatalities, have been reported.
Determining Liability for Child Injuries and Fatalities
No matter what caused the accident, children or their survivors are entitled to fair and just compensation for their injuries if an Illinois personal injury lawyer can prove that the accident was caused by someone else’s violation of the law. Common causes of action include:
- Negligence: To prove negligence, your Illinois Child Injury Lawyer must prove that: (1) the defendant owed the child a duty of care; (2) the duty of care was breached; (3) the breach of the duty of care caused the child’s injuries or death; and (4) you are entitled to damages. Bicycle accidents, pedestrian accidents, car accidents and medical malpractice cases may be tried under a negligence theory of law. If your child died in an accident, you may be able to bring a wrongful death case instead of a negligence case.
- Premises Liability: You may recover on a premises liability theory of law if you can establish that the property owner violated a duty of care to keep the premises safe and/or warn people of known dangers. Playground injuries and drowning cases may be tried under this theory of law.
- Product Liability: To prove a product liability case, you will need to establish that the product was in an unreasonably dangerous condition when it left the manufacturer’s control and that the dangerous condition caused the child’s injury. Injuries caused by defective children’s products and playground injuries may be tried under this theory of law.
Some families find it difficult to think about filing a lawsuit while their child is in pain or they are grieving. However, it is important to protect your family and pursue a just recovery.
Contact the Chicago Personal Injury Lawyers of Dolan Law Offices
The attorneys of Dolan Law Offices understand that your focus must be on your family after an accident. We want to help protect your family’s legal and financial rights while you focus on your family’s emotional and physical needs. Together, we can help your family make the greatest possible recovery following a tragedy.
The personal injury lawyers at Dolan Law Offices represent injured victims throughout Illinois and the greater Chicagoland area, including Addison, Arlington Heights, Aurora, Bartlett, Bellwood, Berwyn, Bolingbrook, Buffalo Grove, Burbank, Calumet City, Carol Stream, Chicago, Chicago Heights, Cicero, Crystal Lake, Des Plaines, Dolton, Downers Grove, Elk Grove Village, Elmhurst, Elmwood Park, Evanston, Glen Ellyn, Glendale Heights, Glenview, Gurnee, Hanover Park, Harvey, Hoffman Estates, Joliet, Kankakee, Lansing, Lombard, Mount Prospect, Northbrook, Oak Forest, Oak Lawn, Oak Park, Orland Park, Palatine, Park Ridge, Round Lake Beach, Schaumburg, Skokie, Streamwood, Tinley Park, Warrenville, Wheeling, Wheaton, Waukegan, Weaton, Wilmette, Woodridge, encompassing but not limited to the Cook, DuPage, Lake, McHenry, and Will Counties.
If your child has been injured by the actions or inaction of a person or company, contact the Chicago personal injury lawyers at Dolan Law Offices online or at 312-676-7600.