Child Injury

Find Help With Child Injury Case for Maximum Compensation in Spokane

When your child suffers an injury because of somebody else’s negligence or deliberate action, it’s only right that you seek legal remedy to hold them responsible. A skilled personal injury attorney with experience in child injury cases can be invaluable in helping you pursue maximum compensation and justice for your child.

Given how sensitive cases involving children can be, finding the right law firm that will treat you with compassion, respect, and professionalism is crucial. Furthermore, lawyers with the right resources, skills, and experience give you the best chances of winning your case.

Whether your child’s injury involves a car accident, food-related incident, or lack of proper safety gear like helmets or car seats, this guide will help you take action on your child injury claim. For more help, contact the child injury attorneys of Albrecht Law PLLC by calling (509) 495-1246(509) 495-1246  or completing our online form today to schedule your FREE consultation.

Key Takeaways

• Child injury cases in Spokane often involve everyday risks like playgrounds, sports, and traffic accidents
• Families have specific legal rights, including access to medical care and compensation for injuries
• Local laws in Spokane focus on injury prevention and safety standards in various settings
• Selecting an attorney requires considering experience, knowledge of local laws, and communication skills
• Prevention strategies include home safety measures and community programs promoting child well-being

When Can You Sue for a Child Injury in Spokane?

If you believe another party was responsible for your child’s injury, you can file for a compensation claim. Typically, that party’s liability insurance will cover the claim after a little negotiation if you can prove fault. Most claims involve a tort of some kind, such as negligence, trespass, or intentional abuse.

In cases of serious injury or where negligence is involved, you can (and often should) sue those responsible. The damages won can go a long way towards supporting your child’s long-term recovery, including physical therapy and assistive devices. You can also get reimbursed for damages such as medical bills, lost income if you have to leave work to take care of your child, and more.

Understanding child injury cases in Spokane involves knowing common causes of injury, your legal rights as a parent or guardian, and local laws. Some involve pediatrics, behavior-related incidents, stairs, vehicles, and bicycles.

Common Causes of Child Injuries Caused by Negligence

Children often have poor judgment and easily injure themselves or others if they are not properly supervised. Purely accidental injuries, though eligible for an insurance claim, may not be the result of negligence.

To establish legal liability in a child injury case, negligence must be proven. Washington State follows the common law principles of negligence:

• Duty: The defendant owed a duty of care to the plaintiff.
• Breach: The defendant breached that duty.
• Causation: The breach caused harm to the plaintiff.
• Damages: The plaintiff suffered actual damages as a result.

A strong personal injury or wrongful death claim needs to show that it’s more likely than not that each of these elements is true for your case. Some common causes of child injury arising from negligence include the following:

• Hazardous premises resulting in slip-and-fall accidents, dog bites, etc.
• Hazardous products, such as playground and sports equipment
• Child abuse, including sexual abuse
• Burns and other catastrophic injuries
• Health emergencies
• Car accidents: Traffic-related incidents, including pedestrian and bicycle accidents

If you suspect any kind of negligence involved in a child’s injury or wrongful death, one of the best decisions you can make is to talk to an experienced lawyer to help you figure out what you need to do. This includes situations involving swimming pool accidents, smoke detector failures, or injuries from unsafe beds.

For example, if first aid efforts in an otherwise minor injury weren’t sufficient or if a child faced a near-drowning incident, you may have legal recourse. Legal help is also invaluable when dealing with complex insurance claims or if there’s a dispute about who’s responsible for the child’s injury.

Keep in mind that, as per Washington’s comparative fault laws, the potential settlement may be reduced depending on the level of fault from each party. For instance, the insurance company may argue that you were partially at fault due to lack of a bicycle helmet or closed seat belt.

Time Limits for Filing a Child Injury Claim in Washington

Washington’s statute of limitations for personal injury cases is three years from the date of injury, death, or discovery, depending on the case. This includes cases involving child injury, including wrongful death.

So, while it may be an extremely difficult time, parents should think about the legal options available and act swiftly to provide opportunities for collecting evidence, interviewing witnesses, and other crucial actions.

It’s easy to forget about this in emergency situations, such as those involving choking hazards or sleep-related injuries like SIDS. It’s even worse if the case also involves medical malpractice. The American Academy of Pediatrics reports that 21% of pediatricians are sued at least once in the course of their career, so medical errors may be more common than expected.

Washington State Laws and Regulations in Child Injury Cases

In Washington, child injury cases often intersect with child abuse laws, which mandate the reporting of suspected abuse and neglect by certain professionals, such as teachers and healthcare providers. The law also provides detailed definitions of child abuse and criminal mistreatment, including physical injury, neglect, and sexual abuse, and imposes severe penalties for violations.

These definitions are important because child mistreatment may occur in seemingly innocent situations. Denying an infant or a young child the basic necessities of life and inflicting physical or psychological pain could be negligence, as well as:

• Unsupervised outdoor play: Allowing children to play outside without direct supervision, which some states view as neglect if there’s any risk of harm.
• Corporal punishment: Some mild forms of discipline, like spanking, might be seen as physical abuse, even if intended as discipline.
• Leaving children home alone: Although common for short periods, this could be considered neglect depending on the child’s age and maturity level.
• Medical treatment choices: Opting for non-traditional treatments can sometimes lead to allegations of neglect if it conflicts with standard medical advice.

The law defines various fines and penalties based on the degree of abuse, ranging from basic necessities to great bodily harm. Additionally, the state enforces strict standards for child welfare and daycare providers to ensure children’s safety in various environments, making negligence in child care settings a potential basis for liability.

There are also serious penalties involved when a child is intentionally exposed to controlled substances.

If you suspect child abuse in Eastern Washington, notify the Washington State Department of Children, Youth & Families by calling one of the numbers on this reporting page or writing to an email address from the list provided here.

What’s the Legal Process for Child Injury Cases?

The legal process for child injury cases in Spokane involves several key steps. From initial case assessment to potential court proceedings, each phase requires careful handling. This section covers case evaluation, evidence collection, insurance negotiations, and trial preparation.

We’ll also address various scenarios, including nursing home incidents, pacifier-related injuries, and scooter accidents while explaining how attorneys work towards fair settlements for families.

1. Initial Case Assessment and Legal Advice

During the initial case assessment, your child injury attorney evaluates the circumstances surrounding incidents such as bathtub accidents or pedestrian injuries involving children. The lawyer examines factors like brain damage or asphyxia to determine the case’s viability and total damages.

This assessment also involves reviewing the legal guardian’s role and gathering preliminary information about the incident to provide informed legal advice on how to proceed with the child injury claim.

2. Investigation and Evidence Collection

In child injury cases, thorough investigation and evidence collection are crucial. Attorneys gather medical records, witness statements, and expert opinions, especially for head injuries.

They may consult the Centers for Disease Control and Prevention for data on child safety standards to help define benchmarks on child safety. Evidence collection could even mean tracking the child’s weight and temperature at the time of injury, and monitoring transport times to the emergency department, all of which could prove important in a lawsuit.

A judge may review this evidence, and in some instances, a criminal defense lawyer might be involved if factors such as gross negligence, violence, or sexual assault are suspected.

3. Negotiation With Insurance Companies

Negotiation with insurance companies is a critical phase in child injury cases, requiring expertise in handling claims related to child injury such as pregnancy and childbirth complications, patient care, or traffic accidents.

Your child injury attorneys will use their knowledge of insurance practices to advocate for fair compensation, considering factors like long-term medical needs and the impact of injuries on a child’s development. They navigate complex negotiations, addressing issues such as coverage limits and policy exclusions, to ensure that families receive adequate support for their child’s recovery.

4. Preparing for Court Proceedings if Needed

When a child injury case in Spokane proceeds to court, attorneys prepare extensively for trial. They gather evidence related to the injury, such as police reports, motor vehicle documentation, and long-term therapy needs when spinal cord or brain injuries are involved. Some cases also involve crime, hazardous furniture, slip and fall incidences, and incidents involving driving under the influence.

Lawyers work to weave all these aspects and present a compelling case to the jury, focusing on the defendant’s negligence and the long-term impact of the child’s injuries. This preparation involves organizing medical records, expert testimonies, and visual aids to effectively communicate the case’s details to the court.

Tips for Preventing Child Injuries in Spokane

As a parent, caregiver, or professional involved in children’s welfare, knowing how to prevent child injuries can help prevent pain and suffering while reducing your legal exposure.

This section covers strategies to reduce risks at home, on the road, and during activities like cooking. It also explores local initiatives promoting child safety and ongoing legal support for families, including guidance on gathering evidence and understanding probation terms related to child injury cases.

Child Safety Tips for Parents and Guardians

Parents and guardians in Spokane can take proactive steps to prevent child injuries, focusing on common causes of injury areas such as bathroom safety and bicycle safety. For example, storing poison and any dangerous substances under lock and key is mandatory.

Similarly, the law on water hazards and swimming pools also requires swimming pools to be covered, fenced, and locked here in Eastern Washington.

In the United States, ensuring proper mental health support for children supports their overall well-being. Families should be aware of sovereign immunity laws, which may affect legal cases involving public entities.

Here are some other safety measures covering various aspects of a child’s environment:

• Bathroom safety: Use non-slip mats in bathtubs to prevent slip and fall accidents, secure cabinets containing chemicals or medication to prevent accidental poisonings, and ensure hot water temperature is regulated to avoid burns.
• Bicycle, skate board, and scooter safety: Children should wear a properly fitted bicycle helmet at all times and other safety clothing.
• Motor vehicle safety: Use age-appropriate car seats and ensure they’re installed according to state laws. For older children, ensure proper seat belt use to avoid spinal or head injuries in case of accidents. Refer to the National Highway Traffic Safety Administration for vehicle safety standards.
• Home environment: Childproof all rooms; install barriers on stairs, secure furniture to walls to prevent tip-overs, and keep potentially toxic substances like detergents or medications in locked cabinets. Use window blind cords designed to reduce strangling risk.
• Water safety: Supervise children around the beach, swimming pools, bathtubs, and even small amounts of water to prevent drowning. Install a fence around any swimming pool, and make sure children wear safety gear if near open water.
• Kitchen safety: Keep knives, hot liquids, and stove tops out of children’s reach to prevent burns, cuts, and other injuries. Lock away cleaning supplies and toxic substances like bleach.
• Toys and play equipment: Only allow toys that meet safety standards to prevent choking or injury; avoid small parts for infants and toddlers. Regularly check equipment like trampolines and bikes for wear and tear that could increase the risk of injury.
• Fire safety: Install smoke detectors and keep a fire extinguisher nearby. Practice fire drills with children and keep matches or lighters out of reach to prevent accidental fires. Ensure first aid kits are stocked and readily accessible.
• Food safety: Supervise children’s eating to avoid choking, especially with foods like candy or hard fruits. Be vigilant for food and drink allergies and have an action plan for emergencies, including access to an emergency department or poison control center if ingestion occurs.
• Physical and mental health: Conduct regular check-ups to monitor growth, behavior, and general health. Early intervention with a health care provider can prevent long-term issues, and therapy can aid in cases of psychological trauma or behavioral changes.

These preventive measures, covering areas from poison control to fall prevention and water safety, help create a safer environment for children, reducing the risks of injury, and the need for emergency medical intervention.

When injuries do occur, first aid (like cardiopulmonary resuscitation) should be given promptly. Some minor injuries, such as cuts and dog bites, can lead to disability and other serious consequences if proper care is not administered.

Finding the Right Child Injury Attorney in Spokane

A child injury case typically falls under personal injury law, but child injury lawyers will have experience dealing with the unique aspects of cases involving minors, including specific legal protections and potential long-term impacts on the child.

There may also be other elements involved requiring expertise in other areas of law, such as:

• Medical malpractice: If the injury is due to medical negligence, a medical malpractice lawyer may be involved, particularly if the injury occurred in a healthcare setting.
• Product liability: If a defective product (like a toy or piece of playground equipment) caused the injury, an attorney will need knowledge of this section of law.
• Premises liability: For cases involving injuries on someone else’s property, such as at a daycare or playground, premises liability expertise can be essential.
• Wrongful death: which may involve elements of criminal law

When selecting a child injury attorney consider factors such as experience with child injury cases, knowledge of local Washington laws, communication skills, and a proven track record. A competent lawyer handles evidence collection, filing paperwork, navigating insurance claims, calculating damages due to pain and suffering, and other challenging factors of the case.

At Albrecht Law PLLC, we are committed to excellence in all the cases we handle. Our highly experienced lawyers leverage modern technology and legal tactics to give you a winning edge in your case, giving you the best chances of success.

Other Factors to Consider When Choosing a Child Abuse Lawyer

Finding a lawyer with the right experience to handle child injury cases such as dog bites and hospital negligence is hard enough, but there are several other important factors to consider. You should also discuss fee structures and communication protocols to ensure a good fit for their needs.

Here are some of the questions you can ask your lawyer:

• Ask about experience with specific types of child injury cases
• Inquire about the attorney’s strategy for proving negligence
• Discuss fee structures and payment options
• Request information on the lawyer’s success rate in similar cases
• Ask about communication protocols and how they issue case updates

FREE Consultation for Child Injury Cases in Spokane

Few cases are as devastating as those involving child injury. It’s even more heartbreaking when the cause is negligence or lack of a proper standard of care. Too often a simple safety harness or safety clothing could have prevented a sports injury such as a concussion, head injury, or broken bone.

Other times, failure to prevent bullying or ensure child safety leads to accidental deaths and homicide. Our hearts break to hear of such cases, which is why the child injury attorneys at Albrecht Law PLLC, are dedicated to helping you find justice.

Our attorneys are highly qualified and experienced, giving you an edge in your child injury case. Contact us at (509) 495-1246(509) 495-1246 or complete our online form today to schedule your FREE consultation. We are here to serve you with compassion and dedication.

Albrecht Law PLLC — Our Clients Are More Than Just Cases