Protecting your children from harm is an instinctual and innate responsibility that parents have. When parents are unable to prevent their child from being injured, it feels like it goes against nature. Seeing your child suffer from a scrape is enough to make some mothers cry. Watching your child suffer harm due to an accident that could have been prevented is devastating. If your child has suffered injuries at the hands of a careless, negligent or reckless individual, you may be entitled to damages. Call the law offices of The Reiff Law Firm to discuss your claim with an experienced Philadelphia child injury attorney.
Common Child Accidents and Injuries
Children are still developing, which places them at heightened risk for a wide range of injuries. An accident that might merely injure an adult could prove lethal to a child.
According to the Centers for Disease Control and Prevention (CDC), “On average, 12,175 children 0 to 19 years of age died each year in the United States from an unintentional injury.” In addition to thousands of fatal injuries, “An estimated 9.2 million children annually had an initial emergency department visit for an unintentional injury,” with boys more likely than girls to sustain fatal or nonfatal injuries. In fact, boys made up 62% of playground injuries each year.
The CDC also reports that leading causes of death or injury differ across age groups. Fatal injuries were most likely to be caused by suffocation, drowning, or car accidents. Most nonfatal childhood injuries were caused by one of the following:
- Ages 0 to 9 years old – Accidental falls, animal bites, being struck by objects
- Ages 10 to 14 years old – Accidental falls, being struck by objects, overexertion
- Ages 15 to 19 years old – Being struck by objects, accidental falls, auto accidents
Children are more susceptible to accidents than adults due to their lack of world experience. They do not have the same appreciation for risk than an average adult would, which puts them in vulnerable positions if they are not careful. Some accidents that have caused child injuries include:
- Birth injuries
- Slip and falls
- Bicycle accidents
- Dog bites
- Daycare abuse and accidents
- Car accidents
- School bus accidents
- Firearm injuries
- Swimming and drowning accidents
- Defective product injuries
- Park and playground accidents
- Injuries due to negligent supervision
- Pedestrian injuries
- Sports injuries
- Trampoline injuries
- Poisoning
- Fire injuries
- Prescription medication error
Even the most protective parents can experience injuries to their children. Watching every move a person makes 24 hours a day, 7 days a week is almost impossible. Most parents have to work, and they do not have much control over the care of their children when they are at school or at their friends’ houses. Common injuries that are associated with accidents involving children include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Fractures
- Cuts and lacerations
- Burns
- Bruising and scarring
- Shaken baby syndrome
- Mental and emotional anguish
Can I File a Personal Injury Lawsuit on Behalf of my Injured Child?
Children who are under the age of 18 are considered minors and do not have the legal capacity to file lawsuits by themselves. Pennsylvania law requires that in cases where a minor is injured, a parent or guardian must file a personal injury suit on the child’s behalf. Pennsylvania’s applicable statute, 231 Pa. Code Rule 2027, provides that when a minor is party to an action they must be represented by a parent or guardian who will “supervise and control the conduct of the action in behalf of the minor.” Minors who are seeking compensation for less than $12,000 in damages do not need the representation of a parent or guardian when they appear before a magisterial district judge. Typically, $12,000 is not enough to cover medical costs and other expenses in child injury cases, and thus, injured children will require the representation of a parent or guardian.
The Commonwealth of Pennsylvania has a 2 year statute of l