Injuries to Children

Many families do not have enough saved in case of catastrophic injuries to their children. It can be expensive to seek out ongoing medical care for a child who has suffered an amputation or complex fractures or traumatic brain injury, for example. Care may be needed for the rest of a child’s life. As a parent, seeking damages after injuries to children can be a stressful and emotional experience. However, you may also be overwhelmed by medical bills, therapy bills, and costs of addressing permanent disabilities. Sometimes children who are injured are restricted in their ability to access certain opportunities for the rest of their lives. It can be devastating to realize injuries were preventable with the use of reasonable care. If you are concerned about injuries to children, you should discuss your situation with the experienced Syracuse personal injury attorneys of DeFrancisco & Falgiatano. With over three decades of trial experience, we understand what strategies are likely to provide the best avenue for success in lawsuits brought by children and their families.

Children can be injured in many different ways and under a wide range of circumstances. They need constantly oversight and protection from dangerous situations, whether swimming pools or defective playground equipment or motor vehicle accidents or birth injuries. Many lawsuits brought in connection with children’s injuries hinge on proving negligence. It is likely our lawyers will need to show negligence by establishing it’s more likely than not: (1) your child was owed a duty of reasonable care, (2) breach of the duty of reasonable care, (3) causation, and (4) damages.

Parents in Syracuse and elsewhere often need to use a daycare because both parents have to work to make ends meet. When you put your child in a daycare, you trust it will properly care for your child. Unfortunately, some daycare staff are negligent or improperly trained. Younger children, in particular, require closer supervision. It can be shocking to have your child seriously injured in daycare. It may be appropriate to sue the daycare for negligence. Other theories that may be asserted include negligent hiring, supervision or training of daycare staff.

Inadequate supervision and defective equipment can result in injuries on the playground. For instance, if a swing is not properly maintained and secured, a child could fall and suffer broken limbs or more catastrophic injuries. There are various ways the owner of a playground — whether a park, school, or private property owner —can guard against injuries to children while playing on equipment. It may be appropriate to pursue relief for your child in a premises liability lawsuit. However, it’s important to hire a lawyer who is willing to look carefully at all contributing causes, including equipment defects for which a manufacturer or distributor may be held liable.

Curiosity often leads children to trespass. Under the attractive nuisance doctrine, we may be be possible to hold a property owner accountable for your child’s injuries arising out of an encounter on someone else’s property or in their backyards when certain elements are present:

• The property had an artificial condition on it.
• The property owner knew or should have known it was likely children would trespass on the property.
• A property owner knew or should have known that the condition presented a risk of death or serious injuries to children.
• The children wouldn’t be able to recognize or appreciate dangers associated with the condition.
• The benefit to the property owner of keeping an object on the property as well as the burden of getting rid of the danger was slight compared to the risk it presented to children.
• The property owner didn’t use reasonable care to remove dangers the artificial conditions presented to children.

If we can establish liability, we may be able to recover compensatory damages for injuries to children. These can include both economic and noneconomic damages including:

• Emergency care
• Past and future medical expenses
• Past and future rehabilitation
• Past and future therapy
• Medical equipment
• Pain and suffering
• Lost enjoyment
• Emotional distress

If an award is obtained, it may be appropriate to set up a structured settlement for a child who may need care well into the future. This is a settlement in which payments are spread out in regular installments over years.

When you choose a law firm to represent you and your child in connection with injuries to children, it’s important to consider whether it has been successful at trial in the past and its reputation. Reviews can be an important indicator as can a record of wins and strong settlements. If you need to recover damages for injuries to a child in Upstate New York, you should call the seasoned Syracuse attorneys of DeFrancisco & Falgiatano. We are members of the prestigious Million Dollar and Multi-Million Dollar Advocates Forums and we’ve recovered more than $100 million in personal injury awards. We represent children and their families in Auburn, Rochester, Watertown, Lowville, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Herkimer, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000.