Was your child hurt by another person’s negligence?
Did your child get hurt due to the careless actions of another person? If so, contact Bill Easterly & Associates, and our Nashville personal injury attorneys will start working on your case immediately in order to hold the at-fault party liable for the harm they caused. We understand the sensitive nature of a situation like this. When a child sustains injuries in an accident, it’s a devastating experience. You don’t want to see them in pain, and you hope they make a full recovery. When you hire us, we’ll remain by your side in the fight for justice.
Various circumstances could lead to the injury of a child. Unfortunately, many times, it’s due to things that could have been avoided if someone was more careful. Our Nashville child injury lawyers have been handling cases like yours since 1992. We’ve been able to recover millions of dollars in compensation so our clients and their families can move forward with their lives.
We have the skillset and resources to secure the full financial reward you need. To find out more about how we can help, call Bill Easterly & Associates today at (615) 244-2222.
Statistics of Child Injuries in the United States
Unintentional injuries are the leading cause of fatalities for young children. Every year, 12,000 individuals up to the age of 19 die due to the unintentional injuries they sustained. Nonfatal injuries among this age group account for over 9.2 million emergency room visits. The death rate of unintentional injuries is higher for males than females. Additionally, 2.8 million children suffer a nonfatal injury each year from a fall, making it the number one cause in every age group under 15 years old.
According to data collected by Stanford Children’s Health:
- 254,000 injuries and 100 fatalities involve bicycles
- 8,000 people under 19 years old visit the emergency room every day because of injuries sustained in a fall
- Drowning is the number one cause of unintentional death for children between one and four years old
- Infants under the age of one suffer the most from airway obstruction injuries that result in death
- Injuries in the home from things like fire, guns, choking, and drowning kills around 2,000 kids every year under 14 years old
According to the Center for Disease Control and Prevention, the most common causes of nonfatal injuries include:
- Motor vehicle crash: Approximately 150 children under 19 years old visit the hospital every hour.
- Drowning: One-half of all children require hospitalization or further medical treatment after injuries from drowning. Many even suffer brain damage that leads to a permanent disability.
- Poisoning: The most common items include medicine and household cleaning products.
- Suffocation: This includes choking on food or foreign objects and accidental strangulation.
- Burns: Young children typically suffer burns from steam or hot liquid. Older children sustain burns from direct contact with fire.
- Violence: Around 1,300 young individuals need medical care from assault every day
Common Causes of Child Injuries
Although falling is the leading cause of injuries to children throughout the United States, there are many other reasons children become injured. Anything could cause a person harm or even result in death. Young people get hurt more often because their bodies are underdeveloped, making them more fragile than adults. Human error and negligence account for a majority of the injuries children suffer every year.
The most common causes include:
- Car accidents: This can be the result of a defective part, such as a braking system that malfunctions, driver error or inattention, or dangerous road conditions.
- Swimming pool accidents: Whether on private or commercial property, pool owners must perform routine maintenance and repairs to ensure their guests’ safety. That includes providing lifeguards with extensive training.
- Defective toys: Manufacturers are responsible for testing their products for hazards. If they find any, they must provide adequate warning labels, so consumers are aware of the risks. Electrocution, suffocation, strangulation, and poisoning are just a few of the injuries defects could cause.
- Falls: Children, especially toddlers, fall down often. They haven’t quite mastered the art of walking yet, so injuries are inevitable. However, there are times when another person is directly responsible for the fall. Public areas must provide railings, gates, and other protective measures to prevent kids from falling from great heights. Property owners should also promptly remove and repair hazards, such as wet floors, cracked sidewalks, and inadequate lighting.
- Fires: Fire safety is crucial, especially among younger children. They’re typically unaware of how to handle a situation like that. It’s up to the adults to teach them what to do if a fire occurs.
- Animal attacks: Dog bites and insect stings are among the most common reasons children require medical treatment. It’s up to dog owners to secure their pets and business owners to ensure there aren’t beehives in areas where visitors frequent.
- Medical malpractice: Even doctors can make mistakes that cause injuries. Examples include using unsterilized tools, misdiagnosing diseases, and prescribing the wrong medication.
Determining Who’s Liable After A Child Injury
Our Nashville child injury attorneys know who to hold responsible if your child suffers injuries due to another person’s negligence. Negligence is the legal theory that one party’s failure to exercise a reasonable degree of care led to another person’s physical, financial, or emotional harm. To prove negligence, there are five elements we must show existed at the time of the accident:
- Duty: The at-fault party owed your child a duty of reasonable care to prevent them from getting hurt;
- Breach of duty: They breached their duty;
- Cause in fact: If it weren’t for the at-fault party’s actions or inaction, your child wouldn’t have suffered harm;
- Proximate cause: The at-fault party’s breach was the direct cause of the injury; and
- Damages: Your child’s injury resulted in various losses.
The party who will be liable for compensation will depend on the type of situation that caused the injury or fatality, such as:
If another driver caused the crash, you could file a claim with their auto insurance company. Every driver must carry auto insurance with minimum liability limits. Those limits provide compensation for the victim’s medical bills, emotional suffering, and other associated costs. Under Tennessee’s fault system, the person who causes an accident is automatically financially responsible for the injured party’s injuries and resulting expenses.
A lot of injuries occur on someone else’s property. Property and business owners typically carry a general liability insurance policy. If the owner is liable for the injury, their insurance coverage will typically provide compensation to the injured party. Premises liability accidents often take place in the following locations:
- City parks
- Daycare centers
- Public swimming pools
- Amusement parks
If any property’s hazardous conditions led to your child’s injury, you could file a claim with the owner’s insurance company. Depending on the circumstances surrounding the accident, you might also be entitled to a financial award from a civil lawsuit.
Sometimes products become defective during the design or manufacturing phase. Either the company designs something that is inherently dangerous or makes a mistake while building it. There could also be an issue with the warning label where the manufacturer doesn’t notify consumers of the risks they could face while using the product. Manufacturers become liable for any injuries that occur due to the mistakes they made.
Common defective products that can injure children include:
- Car seats
Healthcare professionals can make mistakes while caring for young children. When that happens, the specific doctor, nurse, or other medical provider and the facility they work in could face legal consequences. Medical malpractice claims are typically the result of the following:
- Misdiagnosis or failure to diagnose
- Surgical error
- Prescribing the wrong medication
- Birth injuries
- Negligent pre and post-care
- Anesthesia errors
Dog bites and animal attacks
The dog bite laws in Tennessee hold the owner liable for any harm their dog causes to another person. When a child gets attacked by a dog or another animal, it’s the parent’s right to file an insurance claim or lawsuit for compensation. Kids are vulnerable to severe injuries, such as:
- Broken bones
- Torn muscle
- Traumatic brain injury from falling during the attack
- Damaged nerves
- Puncture wounds and lacerations
Damages Available in a Child Injury Case
When you hire Bill Easterly & Associates, your Nashville child injury lawyer will ensure you receive the maximum compensation available to cover all the damages you incurred. Damages are the total losses associated with an accident. They include economic and non-economic damages.
Economic damages refer to actual expenses, such as:
- Medical bills
- Out of pocket expenses
- Property damage
- Lost wages
- Lost earning capacity
Non-economic damages include the physical and mental trauma experienced after an accident, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Whether you file an insurance claim or lawsuit, you could seek a monetary award to cover the damages resulting from your child’s injuries. We know this ordeal caused a financial burden for you and your family. You shouldn’t have to suffer the consequences of someone else’s mistakes. We’ll ensure the at-fault party pays the money they owe you, so you don’t have to pay out-of-pocket for any expenses.
Contact Bill Easterly & Associates Today
Our Nashville child injury attorneys provide an initial consultation free of charge. You can meet with us to discuss the details of your case and receive the legal advice necessary to make an informed decision moving forward. We’re happy to tell you about your options, so you have the best chance of recovering the maximum compensation you need to help your child recover.
With over 25 years of experience, you can depend on us to reach a favorable outcome in your case. We know the importance of resolving this issue efficiently so that your family can cover the necessary medical expenses and move forward. You can depend on us to fight hard for justice and hold the at-fault party liable. If your child was the victim of another person’s negligence, call Bill Easterly & Associates at (615) 244-2222 to speak with one of our experienced and dedicated Nashville child injury lawyers.