A serious injury to a child affects the entire family. As a parent, you likely are dealing with concerns about your child’s recovery and arrangements for necessary accommodations at home and at school. You may also be struggling with the financial ramifications of a severe injury requiring significant treatment.

If another party contributed to the accident that harmed your son or daughter, a dedicated attorney can advise you on taking legal action to hold the party accountable. Consult with a Lakewood child injury lawyer at Tittle & Perlmuter as soon as possible to learn about the legal options available in your particular case.

Common Forms of Negligence in Child Injury Cases

Sadly, many child injuries occur at birth. Inadequate prenatal care or medical errors during delivery sometimes result in birth injuries that could have a lifelong impact. In such cases, parents may work with an attorney to hold the medical professionals involved liable in a malpractice action.

Dangerous Products for Children

Malfunctioning or poorly designed products could cause injuries to children. If a product’s design, a manufacturing error, or inadequate labeling led to the injury, a manufacturer might be liable under the theory of strict liability. A Lakewood attorney would not need to prove the manufacturer was negligent, only that the product was unreasonably dangerous and resulted in a child’s injury.

Childhood Accidents

Vehicle accidents often result in injuries to minor passengers. Children also suffer injuries at pools, sports fields, playgrounds, and recreational facilities. If the owner of the site or supervisor of the activity did not exercise reasonable caution, that person could be liable in a personal injury lawsuit. Regardless of the circumstances of a child’s injury, if someone else’s negligence was a root cause of the accident, the family can work with a nearby lawyer to hold that person accountable.

Timeframe for a Child Injury Claim in Lakewood

In most cases, it makes sense for a parent to file a personal injury claim on behalf of their child. The law limits the time for filing lawsuits, and several factors influence the timeframe that might apply in a specific case. Consulting a lawyer at our Lakewood office as quickly as possible after an accident could preserve the child’s right to damages against all potentially responsible parties.

In many cases, a parent has two years from the date of the child’s injury to file a lawsuit seeking damages. This two-year time frame applies to claims arising from car accidents, dog bites, slips and falls, injuries that occurred at daycare or school, and most accidents that arise from general negligence. However, depending on the circumstances of the accident, a different time frame might apply.

Medical Negligence

For example, if the injury arose from medical error, the parents have one year from the date of the injury to file a lawsuit against the medical professionals involved. If the injury was not immediately apparent or it took some time to establish medical error as the cause of the child’s symptoms, the parents have one year from the date they discovered the malpractice. However, they cannot hold a medical professional liable for negligent treatment that occurred more than four years prior.

Product Liability

If a defective product caused a child’s injury, the parents could bring a lawsuit within two years of the child’s injury. However, they may not bring a claim if the product left the manufacturer’s control more than ten years before the parents filed the lawsuit (unless the manufacturer guaranteed in writing that the product’s useful life exceeds ten years).

Toxic Exposure

If the child suffered an injury due to exposure to a toxin substance, drug, or medical device, Ohio Revised Code 2305.10 says that the two-year clock begins ticking when a medical professional informs the parents that the exposure is the likely cause of the child’s injury. A knowledgeable Lakewood attorney can further explain the relevant deadlines for a child injury case.

Damages Held on Behalf of a Child

When a parent files a lawsuit on behalf of a child, the damages go to the child. The responsible party pays a sum in compensation for the child’s pain, delayed development, emotional suffering, disfigurement, interrupted education, disability, lost opportunities, and other consequences of an injury. If the child will experience extended or life-long need for injury-related medical treatment, or if the injury could affect his or her ability to earn a living someday, damages could provide the necessary support.

The child’s damages are usually held for his or her benefit with a Probate Court until the child turns 18. In cases that involve large sums, it is common for the parties to set up an annuity to pay the damages out over time.

If the costs of managing a child’s condition have a significant impact on the family’s lifestyle, they might also receive damages. A Lakewood child accident lawyer at Tittle & Perlmuter can further explain the damages that might be available in a specific case.

Trust Your Child’s Injury Case to a Seasoned Lakewood Attorney

If someone else’s incompetence or carelessness injured your child, your family deserves compensation. The law allows you to hold negligent parties responsible for the harm they cause.

Our Lakewood child injury lawyers understand this complex area of law and are here to provide the representation and support your family needs. Call us today for a free consultation to learn how we can help pursue justice for your child.

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