Carrollwood Child Injury Attorney
Treatment of vulnerable individuals, like little children and older adults, is often the measuring stick for the level of compassion in a society. Florida has very strong child abuse laws which punish offenders. However, these laws do almost nothing to help the victims of child injury. Furthermore, because of the high burden of proof in criminal court, it’s very difficult to convict offenders in these cases.
The dedicated Carrollwood child injury attorneys at Moore Law are committed to compensation and justice in these situations. The compensation, which usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering, helps a family carry on after a tragedy. Furthermore, a civil claim shines the light of justice on the incident and gives closure to victims and survivors.
Common Child Injury Claims
Injuries that occur away from home are usually unintentional. So, legal claims don’t “blame” anyone for an injury. Instead, a legal claim forces negligent parties to accept responsibility for the accidents they cause. Florida would be a better place to live if we all had this attitude.
Many child injury claims originate at schools or daycares. These organizations have a duty to ensure child safety. Common injuries include:
- Vehicle collisions,
- Dog bites,
- Swimming injuries, and
- Bacterial or other infections.
Usually, the respondeat superior rule applies in these situations. Assume Kevin’s school teacher allows him to play near a strange dog, and the dog attacks him. The teacher is individually responsible for the injury. But the school district is financially responsible for it.
Such claims are quite complex, because of the limited sovereign immunity doctrine. In most cases, negligent government workers are not immune from lawsuits. However, these actions have some additional procedural hurdles that a Carrollwood child injury lawyer must overcome.
Individuals, like babysitters and party hosts, also have a duty of care. If they fail to keep children safe, they could be legally responsible for injuries that happen during their watches.
Common Insurance Company Defenses
If an injury happens at school or daycare, the assumption of the risk defense often comes into play. This defense applies if the victim:
- Voluntarily assumed
- A known risk.
Generally, caregivers sign permission slips or similar documents which purport to excuse the school district or daycare owner from liability. However, these waivers don’t always hold up in court.
Frequently, a waiver is an illegal contract of adhesion. A take-it-or-leave-it contract, like a website’s user agreement or a school’s permission slip, is no “contract” at all. In other words, the assumption of the risk was not voluntary.
If the victim was a little older, like a teenager, the comparative fault defense sometimes comes up. This legal doctrine shifts blame for an accident from the negligent actor to the victim. For example, if Monique falls at school, the school district’s lawyer might claim that Monique did not watch where she was going.
Florida is a pure comparative fault state. Even if the negligent actor was only 1 percent responsible for the injury, the person or entity must still pay a proportionate amount of damages.
Count on a Dedicated Hillsborough County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced child injury lawyer in Carrollwood, contact Moore Law by going online or calling 813-510-5400. You have a limited amount of time to act.