Every responsible parent has a primary focus on the safety of their children. This is a natural instinct that sometimes even trumps the safety of the parent themselves. Unfortunately, there are times in which you are unable to protect your child from the negligence of others. A serious injury to a child can be a traumatic experience for everyone involved and parents are immediately put in a difficult and costly situation that could quickly spiral out of control.
While your child is healing from his or her injuries, it should be a top priority to extensively consider your legal options. If the injury was caused by the reckless or careless actions of another party, you are legally eligible to file suit and demand compensation. A qualified personal injury attorney can represent your family during this difficult time and put you in a legal position to identify the offender and prove negligence.
When a child is injured, it is in your best interest to begin the legal process immediately. The earlier you start working with an attorney, the sooner you can receive payment and move on with your life. We at The Law Offices of James B. Coulter are here to help you move through the litigation process as smoothly as possible, defending you in court and demanding that the negligent party pays for their actions.
Years of experience handling personal injury cases has allowed our firm to develop a productive manner of representation that focuses on the facts of the case while refuting the arguments of the defendants. Our pragmatic approach enables us to focus on the areas that truly matter and produce results that prove negligence and allow for a favorable ruling.
Our firm proudly serves individuals and families throughout Central and Eastern Florida, particularly in and around Brevard County, Orange County, Volusia County, Seminole County, Indian River County and Osceola County. This includes Melbourne, Palm Bay, Vero Beach, Titusville, Rockledge, Cocoa Beach, Port St. Lucie, West Melbourne, and surrounding communities.
We are committed to a timely representation, so we will begin working on your case immediately following a free consultation with our attorney. To set up a meeting time to go over your legal options, contact us at (321) 586-9944 or send an online message.
There is a wide range of possible scenarios when it comes to the causes of child injuries in Florida. Some of the most common include:
Child Care Accidents – Sadly, these are quite common when it comes to personal injury claims and happens when your child is injured while at daycare or in the care of another person. Examples can include if the child was injured from unsanitary conditions, from playground equipment or if the child was not properly supervised.
School Accidents – These claims develop following an injury at school. They most commonly result when your child was injured at school due to the school’s negligence or the negligence of an employee of the school.
Child Abuse – A child abuse claim will develop when a child has been abused and suffered physical injuries due to a person’s sexual assault or physical abuse of the child.
Negligent Supervision – These types of claims can arise when an individual that had a duty to exercise reasonable care to control a minor child in order to prevent the child from harming himself or others failed to so, and as a result caused the child bodily harm.
Sports Injuries – These types of claims can arise when your child was injured while playing sports in school or recreationally and was injured as a result of another person’s negligence.
Auto Accidents – The probability of injury to a child is much higher than an adult following an automobile accident. Because of this, motor vehicles are one of, if not the most common situations in which a child is injured in the state.
Attractive Nuisance – A very specific and sometimes hard to prove claim, injuries from an attractive nuisance can occur when something is so attractive to a child that it entices them to another person’s property but the object or condition is potentially harmful to a child. Examples of attractive nuisances can include swimming pools, dangerous animals, wells, and machinery.
Once you have consulted with your personal injury lawyer, they will file a petition claiming the defendant was at fault and is liable for your child's injuries. In order to receive compensation, you must be able to prove they were acting in a careless, reckless or negligent manner. A child injury claim in Florida involves the following four elements:
Duty – The plaintiff or the injured party must be able to prove the defendant owed the plaintiff a duty to act with reasonable care when operating their car. This is a general duty and is required by every driver who operates their vehicle.
Breach – The plaintiff must also prove the defendant breached their duty by failing to act with reasonable care when operating their vehicle.
Causation – The plaintiff must also prove the defendant’s conduct was the actual and proximate cause of their injuries.
Damages – The plaintiff must have suffered some form of injury as a result of the defendant’s conduct.
Many child injuries will occur in a motor vehicle. Because of the disproportionate size of the care as compared to the child, the risk of injury is much higher than for a full-grown person. Florida state law requires children under the age of five to be protected with an approved and properly used child restraint device. For children under the age of three, Florida law specifies that they be in a separate car seat or a car seat that is integrated into the vehicle. For children ages 4 and 5, a separate car seat, integrated car seat or seat belt may be used.
Though many states address and mandate how and where the seat should be situated, the state of Florida has no such rules. However, the National Highway Traffic Safety Administration recommends infants be placed in a rear-facing approved infant car seat in the back seat until they weigh at least twenty (20) lbs. The child should never be placed in the front passenger seat of a car with an active air bag. Airbags deploy at 200 mph and can kill a child even when the accident is a minor fender-bender.
Failure to adhere to Florida's laws requiring child passengers be restrained in the prescribed manner carries a fine of $60 and points on the license for the first offense.
Children's Safety Network – Clicking on this link will send you to the home page of the Children's Safety Network, a national resource center for the prevention of childhood injuries and violence. The site has information on programs, state laws and information, injury topics and publications.
Safe Kids USA – This link directs you to the main page of the Safe Kids USA® website. The primary goal of the site is to teach families about child injury risks, encouraging research on leading injury risks, evaluating solutions for injury risks and promoting corporate leadership in child safety.
Children's Hospital – The link will send you to the Center for Injury Research and Prevention in The Children's Hospital of Philadelphia website. Within this web page, you can look up child injury prevention studies, educational and advocacy tools and youth safety tips.
A child is vulnerable to many different hazards. Their lack of awareness and inability to analyze risks can put them in a precarious situation if ever presented with danger. Even if they are doing everything right, when negligence enters the equation, an injury may be unavoidable. If this has happened, it is vital to work towards a solution with the help of a qualified personal injury lawyer in Brevard County.
An attorney will be able to guide you through the complex legal waters while handling all aspects of your case. While you are focused on helping your child heal from their injuries, we will be developing a strong case that proves negligence on the part of the offending individuals or party. We will use our years of previous legal experience to produce an articulate, fact-based argument that productively identifies why you deserve compensation.
As a Brevard County based legal practice, we proudly serve individuals and families throughout the cities of Palm Bay, Rockledge, Titusville, Cocoa Beach, Indian Harbour Beach and Viera, among others. This also extends to other cities throughout Central Florida, including Orlando, Apopka, Daytona Beach, Altamonte Springs, Vero Beach, Kissimmee and St. Cloud.
We also offer a free consultation for those who believe they have a valid child injury claim. To sit down and go over your case with a qualified attorney so that you can take the right steps in litigation, please call The Law Offices of James B. Coulter or send an online message today.