Injuries to Children
Parents place an enormous amount of faith in the individuals they entrust to care for their children. When a third party’s negligence results in a child sustaining serious injuries, the effects can be devastating.
Catastrophic injuries to younger children can have a profound impact on their development, but some injuries may also result in a lifetime of medical expenses. When these injuries were caused by the negligence of another party, parents can be entitled to compensation for the numerous long-term challenges.
West Chester Child Injuries Lawyer
If your son or daughter suffered severe injuries because of someone else’s negligence, you should speak to Ciccarelli Law Offices as soon as possible. The statute of limitations in Pennsylvania requires personal injury claims to be filed within two years of the date the injuries occurred, and individuals have only six months for claims made against a government agency in the Commonwealth.
Our firm will make sure that all deadlines are met and we will shoulder these burdens so you do not have to take on any additional stress during a very trying time. Ciccarelli Law Offices puts the needs of your child and your family first, and we will reject any settlement offer that does not provide you with adequate compensation.
Our experienced child injury attorneys work as a team and help clients throughout Chester County with personal injury cases involving children, including West Chester, King of Prussia, Lancaster, Kennett Square, Radnor, Plymouth Square, Malvern, and Philadelphia. Let us review your case during a free consultation by calling (610) 719-3190 today.
Pennsylvania Child Injuries Information Center
- How do injuries to children usually happen?
- What kinds of injuries do children suffer?
- How are these kinds of cases different from traditional personal injury lawsuits?
- Are there other places I can learn more about this subject?
There are several different ways in which a child may be hurt in the Keystone State. Every accident involves its own set of unique circumstances, but some of the most common types of injury claims involving children include, but are not limited to:
- Sports Injuries — Possibly the result of children attempting to play through injuries, working beyond his or her normal limits in practice or training, or coaches failing to consult medical professionals in emergency situations
- Negligent Child Supervision — People entrusted to care for children include babysitters, camp counselors, coaches, nannies, or teachers
- Daycare Accidents — Children may be injured because of numerous hazards at these types of facilities, including accidental fires, dangerous chemicals, heavy bookshelves or furniture, improperly stored medications, lead-based paints, poorly maintained play areas, small toy parts being accidental ingested, uncovered electrical outlets, or wet floors
- Accidents at School — Could involve asbestos exposure, bullying, construction in schools, food poisoning, or unsafe playground equipment, walkways, or staircases
- Automobile Accidents — May include DUI accidents, commercial truck accidents, distracted driving accidents, motorcycle accidents, bicycle accidents, multiple vehicle accidents, or bus accidents
- Premises Liability — Can include slip and fall accidents, retail store accidents, swimming pool accidents, elevator / escalator accidents, or sidewalk accidents
- Medical Malpractice — May include birth injuries, failure to diagnose, misdiagnosis, prescription errors, or surgical mistakes
- Product Liability — Can include defective drugs or defective toys
- Dog Attacks — Possibly the result of negligent dog ownership or child supervision
Depending on the type of accident, children may sustain any one of a wide variety of debilitating injuries. Some of the most serious injuries that can cause extensive difficulties for the child as well as the family may include, but are not limited to:
- Amputations — Loss of limbs caused by accidents or infections
- Back Injuries — Vertebrae damage resulting in spondylolisthesis or cervical radiculopathy
- Birth Injuries — Cerebral palsy, brachial plexus injury, spina bifida, or shoulder dystocia
- Broken Bones — Simple or compound fractures
- Burn Injuries — Chemical, electrical, or thermal burns
- Head Injuries — Fractured skulls, concussions, or traumatic brain injury (TBI)
- Neck Injuries — Sprains, strains, herniated discs, or fractures
- Spinal Cord Injuries — Paralysis, paraplegia, quadriplegia, or triplegia
Pennsylvania is a comparative negligence state, meaning that financial recovery by a plaintiff (the person filing the lawsuit) is reduced or prohibited depending on the percentage of fault attributed to him or her. The general rule in Pennsylvania Code Title 42 § 7102(a) states:
In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
This means that in ordinary personal injury claims, a plaintiff would not be able to recover damages if he or she is 51 percent or more at fault. He or she can still recover as long as he or she was 50 percent or less at fault, although the recovery is reduced by the amount of fault attributed to the plaintiff. In other words, a plaintiff whose damages total $100,000 but is found to be 10 percent at fault would actually receive $90,000.
However, comparative fault typically does not apply to cases involving children. While most defendants (the parties being sued) will claim that plaintiffs caused their own injuries by acting negligently, Pennsylvania law presumes that children are incapable of acting negligently because they are not capable of being as responsible for their behavior as adults.
Safe Kids Chester County — This coalition led by Chester County Office of the District Attorney implements such as car-seat checkups, safety workshops, and sports clinics for the community. On the website, you can find a listing of inspection stations, local events, and safety tips.
201 West Market Street
West Chester, PA 19380
Chester County Children, Youth & Families — Chester County’s Department of Children, Youth and Families helps dependent and/or neglected children. The website contains links to events and programs as well as answers to frequently asked questions.
313 West Market Street
West Chester, PA 19380
Find the Best Injuries to Children Lawyer in West Chester
Was your son or daughter injured in an accident caused by another party’s negligence? You will want to be sure to quickly contact a knowledgeable and dedicated child injury attorney, and Ciccarelli Law Offices fights for people in Chester County, Delaware County, Philadelphia County, Montgomery County, and Lancaster County.
Our firm represents clients on a contingency basis, meaning that you will pay us nothing unless we obtain compensation for you. Call (610) 719-3190 right now to set up a free consultation that will let us review your case and discuss your legal options.