When you are a parent or guardian, every moment with your children is cherished. You value your role in their lives and enjoy seeing them grow. Along with the joy also comes the fear of seeing them hurt, sick, and in pain, especially when the harm done to them was through someone else’s negligence.
The good news is that our dedicated personal injury attorneys can help, and Florida law allows for a parent or guardian to file a legal claim for damages on behalf of an injured minor child. A dedicated Sarasota child injury lawyer from Dannheisser Injury Law can protect your legal rights and help you pursue financial award as a relief.
Unfortunately, various situations could result in an injury to a child due to someone else’s negligence. Children can sustain harm in many of the same scenarios as adults, including auto collisions, dog bites, defective products, and harmful medications. One common cause of injuries that is unique to minors is negligent childcare, daycare, or school practices. For example, school officials could neglect to address the problem of another child bullying a particular child at school. When this instance results in either an assault or battery to a child, the parents could bring a civil suit against both the school and the other child’s parents for fair and just compensation.
Another example of negligence in childcare services occurs at daycare centers or babysitters. Sadly, some instances in this realm have made these entities notorious for engaging in reckless conduct, such as failing to change a child’s diaper, ignoring allergic conditions, and insufficiently monitoring children on playgrounds. A parent may file a lawsuit for damages regarding a wide range of injuries suffered by young children as result of the negligence of childcare facilities. These reasons could include, but are not limited to, damages for diaper rashes, complications due to allergic reactions, and physical and emotional injuries caused by neglectful supervision with the help of our Sarasota attorneys.
Medical malpractice is another frequent cause of childhood injuries. Medical malpractice claims arise out of negligent rendering or failure to render medical care or services, which unfortunately can produce lifelong injuries and disabilities to young children, even shortening their lifespan. When this happens, a child, by his parent or guardian, has the right to bring a negligence action for damages against the at fault medical professionals and facilities.
An experienced Sarasota child injury attorney can help recover a settlement that provides the family with the funds needed to take care of the injured child and to move forward. Our team is trained and experienced to take your case to court to make things right.
By Florida law, Florida Statute § 95.11 states a parent or guardian has two years from the date of a negligent conduct to bring suit against the physician or facility to recover damages for the injured child.
Success in a child personal injury case depends on several factors. The parent must establish the person or company causing the harm had a duty to care for the child, that the duty was violated, and that as a direct and proximate result of the violation, the child suffered injuries and damages.
Once they are able to prove these details, the parent must present evidence supporting the damages claimed. Since Florida is a modified comparative negligence state, a person cannot recover in a lawsuit if it is shown that they are 50 percent or more at fault for the situation.
Meeting this burden could be challenging in child injury lawsuits because children are sometimes more prone to mistakes than adults. To combat counterclaims such as contributory negligence in child injury suits, a parent would benefit from the supportive guidance of a Sarasota attorney from Dannheisser Injury Law.
You should not have to deal with going after a person who hurt your child alone. While you focus on spending time with your child during the treatment and recovery process, a competent Sarasota child injury lawyer can take the lead in handling all the legal details.
All of our attorneys give each case dedicated, individualized time, and they are available to talk about a case no matter the time of day. Call us to schedule a free consultation or stop by Dannheisser Injury Law to discuss your unique situation.