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How We Handle Your Child Injury Claim

Preventable accidents involving children are some of the hardest to accept. It is especially tragic when the carefree state that childhood is supposed to be is taken away from a child due to another’s negligent actions. Yet, tens of thousands of children suffer preventable injuries every single year, often as a result of someone else’s negligence.

No Fee Promise You Don't Pay Unless We Win Console & Associates PC

If your child was injured in an accident, you have options. Through a child injury lawsuit, you can seek to hold the person or business responsible for your child’s injuries legally accountable. At Console & Associates, P.C., we help families through the healing process by offering them a unique form of client-centered representation that focuses on their unique needs. We realize that in the wake of a serious accident, the last thing you want to do is divert any attention away from your child. We can step in to handle your case, giving you the freedom to tend to your family.

At Console & Associates, P.C., we don’t use scare tactics and unattainable promises to convince you to bring a case even when that path isn’t right for your family. We just want to educate you about your options so you can make the best decision for yourself and your family.

If you decide to bring a case with Console & Associates, P.C., you won’t pay for our legal representation unless we can recover compensation on your behalf. That’s part of the No Fee Promise we make to each one of our clients. Call us today at (866) 778-5500!

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How We Will Handle Your Child Injury Claim

For parents, few things are as heartbreaking as seeing your child suffer serious injuries and feeling helpless to make it all better. Unfortunately, children are hurt and killed every single day in preventable accidents.

According to the Centers for Disease Control, a child is treated at the emergency room for an injury every four seconds. What’s more disturbing is that every hour, one child dies due to an injury. All in all, about one in five child deaths result from accidental injuries.

If someone else is responsible for your child’s injuries, you can pursue a personal injury claim against the at-fault party to hold them accountable for their actions.

Child Injury Lawyers with Experience

At Console & Associates, P.C., our dedicated child injury lawyers have decades of combined experience helping families overcome the financial hurdles that follow in the wake of a serious accident. We recognize that no amount of money will change the past, but by bringing a child injury lawsuit, you may be able to recover compensation that will ensure your family has the resources needed to provide your child with the treatment they need—both now and in the future.

For the past 25 years, Console & Associates, P.C. has been working closely with families to hold negligent parties accountable for the injuries their children have suffered. Over the years, we’ve developed an effective method of preparing these cases that often ends in an insurance company extending a fair child injury settlement offer. However, as experienced litigators, we are ready to take a case to trial if an insurance company is unwilling to fairly compensate your family for what they’ve been through.

Common Causes of Child Injuries

Children are one of society’s most precious resources. Yet, both businesses and individuals often fail to live up to the duty we all owe our children. In fact, unintentional injury is the leading cause of death among children aged 1 to 14. The most common types of accidents resulting in child injury or death are:

Motor Vehicle Accidents

Car accidents and other motor vehicle collisions are the leading cause of child injuries and deaths. According to the most recent data, around 4,500 children die in motor vehicle accidents each year. The majority of these accidents are entirely preventable.

Suffocation

Suffocation is a major danger for younger children under the age of three. Between 2000 and 2009, there was a 30 percent increase in the number of suffocation deaths in the United States. Most of these deaths occurred when children were placed in a crib with toys or blankets.

Drowning

Drowning is the third-leading cause of preventable death among children. Nearly 1,000 children die each year in drowning accidents. Notably, not all incidents of drowning are fatal; however, those that are not fatal often result in permanent brain damage. Many child drowning deaths are caused by inadequate fencing around pools and a lack of other security features.

Fires and Burns

Fires and burns contribute to many child injuries. Flame-related burns (those involving fire) are the most common burns among children of all ages, with scald burns (those involving steam or hot water) coming in a close second.

Falls

Falls are responsible for a significant number of child injuries. The most common types of childhood falls include falling from playgrounds and sports-related falls.

At Console & Associates, P.C., we understand the challenges your family is facing during this very difficult time. And we recognize that picking up the phone to talk to a lawyer isn’t necessarily a priority. However, given our experience with these cases, we also know that the long-term effects of a child injury on a family are profound. Thus, we do everything we can to make the recovery process as easy as possible for you and your family.

Who Is Legally Responsible When a Child Is Injured?

Parents often wonder who is responsible after their child is injured in a serious accident. The answer largely depends on the specific facts of the accident.

For example, all motorists owe a duty of care to everyone else on the road. So, if another driver commits a traffic violation or is negligent and causes an accident, they may be liable for any injuries a child suffers as a result of the collision.

In terms of suffocation and poisoning injuries, the manufacturer of the product that caused injury to the child may be responsible. Generally, manufacturers are liable for any injuries caused by their products, provided the product was being used for its intended purpose. For example, if a child suffocates while napping in a defectively designed infant sleeper, the manufacturer may be held responsible through a wrongful death lawsuit.

In cases involving drownings, falls, or any other injury occurring on another’s property, the property owner may be responsible. Property owners owe all invited guests a legal duty to provide a safe area. Businesses, government entities, and private property owners all have this duty.

The extent of a property owner’s duty to a child varies depending on state law and the reasons for the child’s reason for being on the property. However, the most significant duty is typically owed to children who are on another’s property for the benefit of the property owner—for example, children who accompany their parents to the grocery store or visit an amusement park.

Proving Liability After a Child Is Injured

The fact that a child suffered injuries—even serious ones—is not alone enough to hold another person or business legally responsible; in most cases, the parents must prove that the named defendant was legally negligent in some way.

While the nuances of negligence law vary by state, typically, a negligence case requires the parents of an injured child to establish four elements.

  1. Duty – Did the other party owe your child a duty of care?
  2. Breach – Did the other party’s actions or failure to act breach the duty they owed your child?
  3. Causation – Was the other party’s negligence the cause of your child’s injuries?
  4. Damages – Did your child suffer legally recognizable damages as a result of the incident?

While proving these elements may seem straightforward, there are often roadblocks that come up along the way. For example, in most child injury cases, an insurance company is the one actually defending against the claim. Insurance companies are notorious for making the process of recovering compensation extremely difficult, and they often try to avoid paying out large sums of money in favor of a quick settlement.

At Console & Associates, P.C., our dedicated child injury lawyers have decades of experience helping parents obtain meaningful compensation after their child suffered serious injuries in a preventable accident. We are familiar with the insurance companies’ tactics to limit their responsibility, and we painstakingly prepare every case to secure our clients the compensation they are legally entitled to.

When Should You Hire a Child Injury Lawyer?

If your child recently suffered serious injuries due to a preventable accident, do not wait to contact a lawyer. The sooner you reach out to a lawyer, the better position your legal team is in to prepare a compelling case for compensation.

At Console & Associates, P.C., we understand that this is a challenging time for you and your family. Bringing a personal injury lawsuit is not something that you may be thinking about, especially in the immediate aftermath of your child’s injury. However, we make the process as streamlined as possible so you can remain focused on your family and on helping your child recover from their injuries.

Do I Need a Lawyer to Help Me with My Child Injury Lawsuit?

Strictly speaking, you do not need to hire a lawyer to be able to pursue a child injury lawsuit, but the reality is that having a lawyer handle your case offers a lot of advantages. Not only does professional legal representation make the claims process much easier on you and your family, but having a lawyer can also increase your chances of obtaining full and fair compensation. For example, in 2014, the Insurance Resource Council released a study finding that claimants working with attorneys recovered 3.5 times more in money damages than those who pursued the claim on their own.

Given the stakes involved in a child injury case, most families reach out to an attorney for assistance with their case.

Why Choose Console & Associates, P.C. to Handle Your Child Injury Claim?

Certainly, there are countless slip and fall or car accident lawyers who are eager to handle your case. And the truth is, many of these lawyers will be able to competently represent parents and children in a child injury lawsuit. However, after your child has suffered serious and potentially lifelong injuries, they deserve more than “competent” representation.

At Console & Associates, P.C., we wholeheartedly believe in what we do, and our child injury lawyers will treat your family with the compassion you deserve. While our work toward obtaining the maximum amount of damages can help your family more easily overcome accident-related expenses, we also believe that lawyers should do more than advocate on behalf of their clients in court.

Our child injury attorneys view our clients as partners in the recovery process. We take as much time as necessary to understand your family’s unique needs and listen to what is important to you. Only after hearing what you need will we come up with a strategy that is designed to accomplish your goals. From the moment you pick up the phone to schedule your free consultation, you will see what makes Console & Associates, P.C. unique.

Schedule a Free, No-Obligation Consultation with a Child Injury Accident Lawyer

No Fee Promise You Don't Pay Unless We Win Console & Associates PC

Choosing which child injury attorney to represent you is a major life decision that may impact your family for years to come. You need to be confident in the personal injury law firm you select to handle your case.

The legal team at Console & Associates, P.C. makes all clients a No Fee Promise, which means that you will not pay us anything unless and until we can win your case, either through a child injury settlement or favorable jury award. When you put your claim in the hands of the child injury lawyers at Console & Associates, P.C., we will be there for you at every stage of the process.

Because we value you and your time, as well as the long-term relationships we form with all our clients, we will never pressure you to bring a case. If you decide to move forward with your claim, we’re here to help, but if you don’t, we will respect your decision.

To schedule your free consultation, just call (866) 778-5500 today or fill out our secure contact form.

Frequently Asked Questions About Child Injury Claims

Will My Child Need to Testify in Court During a Child Injury Lawsuit?

It is possible that your child could have to testify in court; however, the vast majority of child injury cases end up settling before they reach a formal trial. A settlement is an agreement between you and the other party (usually an insurance company) in which you agree not to continue to pursue the case in exchange for an agreed-upon amount of compensation.

Settlements can be beneficial for both sides, which is why they are so common. For instance, from an accident victim’s perspective, settlements eliminate the risk of taking a case to trial and losing, which can be emotionally devastating, as well as the ordeal of taking the case to trial. From an insurance company’s perspective, settlements are a way to eliminate the risk of a major jury award in your favor that would cost the company even more money.

How Long Do I Have to Bring a Child Injury Lawsuit?

All personal injury lawsuits, including those involving child injuries, must be filed within a certain amount of time, as outlined in the relevant statute of limitations. Every state has its own statute of limitations, which vary but typically give you between one and four years from the date of the accident to bring a claim.

However, child injury cases are unique in that many states do not technically begin the statute of limitations until an accident victim turns 18. For example, if a child is hurt in a car accident when they are 15 years old in a state with a two-year statute of limitations, they may still be able to bring a case after they turn 18.

To make sure they don’t miss a deadline, parents should review their state’s laws to ensure this exception applies in their unique situation. Regardless of the amount of time allowed by law, it is generally better to act quickly when filing a case, as this ensures the evidence is still available and witnesses still have a firm recollection of the events.