Child Injury Lawyer in Virginia
How to Obtain Compensation for Your Kid Through the Legal System When Someone Else Fails to Keep Them Safe and Causes Harm
“That could never happen to my child.”
But it can – and has. Your child suffered an injury.
Removing all the safety risks and hazards your kid will face is impossible. Each year, thousands of children suffer catastrophic injuries or even die because of preventable accidents at daycare, school, home, sports, recreational activities, or while in vehicles going to these locations.
As a parent or legal guardian, your child’s safety and well-being are among your biggest concerns, if not the biggest. This is why it can be so traumatic and feel so overwhelming when your kid suffers a severe injury caused by a preventable accident. In the blink of an eye, your world turns upside down, and you may not know what to do or where to go for help.
You can turn to us when a childhood injury threatens your kid’s future and development.
Our Richmond child injury law firm helps families recover money damages from the person or business whose negligence or intentional acts harmed a child.
We understand there are few things worse than seeing your child in distress and physically harmed. So, as your child injury lawyer, we work tirelessly on your behalf to pursue maximum compensation for your injured child while you concentrate on helping your kid recover and develop.
Continue reading to learn more about personal injury lawsuits for children.
Then call (804) 251-1620 or complete this online form if you have questions or want to talk with a top-ranked child injury lawyer in Virginia.
Examples of How Serious Child Injuries Occur
Every setting presents dangers to children.
Home, school, playing outside in the neighborhood, going to the pool, attending church – it doesn’t matter – childhood injuries are always possible.
Our child injury lawyers have seen preventable injuries or deaths occur from the following situations:
Child Injuries at Home
Your home has many items, materials, and products that can cause child injuries or deaths.
If this happens to your kid, you may have a product liability lawsuit against the manufacturer, distributor, or retailer of the product.
In addition, your child may have a civil action against a homeowner who fails to lock up potentially dangerous items like guns or knives.
For example:
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- Companies have had to recall infant bath seats that did not adequately protect babies from drowning.
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- The American Academy of Pediatrics (AAP) considers baby walkers unsafe.
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- Defective portable cribs have harmed or killed children.
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- Unsafely made clothing, including infant sleepwear, may catch fire easily and burn quickly, causing severe childhood injury.
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- Garage doors may malfunction and fall, striking children in the head and causing traumatic brain injury.
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- Gun owners may fail to lock their firearms, and children play with them, causing severe injury or death from firing them.
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- Severe weather, including wind and rain, can damage a mobile home the manufacturer did not build to regulation, causing harm to a child.
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- Carbon monoxide or natural gas leaks may cause inhalation injuries.
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- High lead levels in paint or water can cause harm, like developmental problems.
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- Dogs may feel threatened by a child closer to them in size and bite, causing severe harm.
Child Injuries from Sports and Recreation
Media and society have started paying more attention to sports-related injuries for children, particularly concussions in tackle football, soccer, hockey, and basketball.
This increased focus on safety in child sports is a great start, but having fun comes with risks.
For example, you may want to talk to a child injury lawyer if your kid suffers an injury or wrongful death from one of the following:
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- Playground equipment with sharp edges, unsafe heights, improper balance, broken pieces, or overhanging tree limbs that fall and cause harm.
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- A defective toy that breaks easily and poses a choking hazard or can cut your child or blind them.
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- Heat stroke or frostbite because their coach asked them to practice without breaks in extreme weather.
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- A coach’s failure to monitor the practice and reduce the risk of harm from balls, bats, or other equipment
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- Drowning (or near drowning) in a pool or hot tub that has or should have had lifeguards on duty
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- Defective diving boards or water slides
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- Jet ski accidents
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- Boating accidents
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- Failure to supervise at a summer camp or sports camp
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- Defective helmets
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- Injuries at trampoline parks, amusement parks, or go-kart tracks
Childhood Injuries at School or Daycare
Your child spends a lot of time at school or daycare.
And you count on these facilities and teachers to ensure your child’s safety.
Unfortunately, accidents (or intentional torts) at daycare and school still happen.
For example:
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- School violence is on the rise. A school or daycare’s failure to protect your child from bullying or physical violence may lead to a claim.
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- A daycare teacher’s failure to supervise may lead to strangulation or falls down stairs.
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- Negligent hiring and retention on the school or daycare center’s part may put your child near a sex offender.
Transportation Accidents that Harm Children
Like adults, children suffer injuries in car crashes or truck accidents, while bicycling on neighborhood streets, or as pedestrians on roadways.
In addition, children face dangers when riding in school buses or daycare center vans to and from school.
Further, a defective or improperly secured child safety seat (booster seat, car seat, etc.) may increase the risk of injury to your child.
Children are More Vulnerable to Injuries than Adults
In addition to the incidents listed above, even an accident where your child slips, trips, or falls can potentially result in significant injuries.
Indeed, children are vulnerable to the following types of catastrophic injuries, even if the incident would not have harmed an adult:
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- Broken or fractured bones
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- Head trauma ranging from concussions to more severe traumatic brain injuries (TBIs)
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- Internal injuries
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- Possible infection
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- Adverse psychological aftereffects.
Any such injury can require significant medical expenses and long-term rehabilitation and education costs, which an experienced and knowledgeable Richmond child injury lawyer can help you address during settlement negotiations or at trial through expert witness testimony.
Steps You Can Take to Help Your Child if They Suffer an Injury in a Preventable Incident
Getting medical treatment is the top priority when you find out your child is gravely injured. Helping your kid feel safe and supported is critical to helping them during this challenging time.
There are some other steps you should consider taking after an accident that seriously harmed your child, including:
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- Speak to witnesses and get their contact info: If eyewitnesses saw the accident, speak to them and ask for their full names and contact information. Why? Because their statements can prove to be invaluable when attempting to establish liability and fault. This may mean talking to teachers, students, and other parents.
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- Take pictures of the accident scene and any visible bodily injuries: Take photos and videos of your child’s visible injuries and the accident scene. For example, if your child suffered an injury in a car accident, take pictures of the vehicles, any dangerous conditions, the weather conditions at the time of the accident, skid marks on the road, etc.
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- Ask for a copy of the police report: Law enforcement will likely assess the accident scene if your kid suffers harm in a motor vehicle accident or an assault and battery and, most likely, draft a report detailing their findings. You can request a copy of that report, which often serves as crucial evidence for proving the other party is liable for your child’s damages in a personal injury case.
Your child injury lawyer will use this information, including the medical records, to help you and your kid recover fair compensation.
Special Legal Rules for Car Accidents Involving Children
In Virginia, motorists owe a special duty of care when children are nearby. For example, the landmark 1965 case of Sullivan vs. Sunderland held that the duty and liability of motorists to children goes beyond “ordinary care,” and motorists must be extra careful when children are around.
Indeed, the court said:
We have many times pointed out that the duty and liability of the driver of an automobile to adults and children are measured by different standards. Ordinary care toward an adult under certain circumstances might be gross negligence toward a child under the same conditions. The driver must increase his exertions in order to avoid danger to children whom he may see, or by the exercise of reasonable care should see, on or near the highway.”
In addition, “the conduct of a child is not measured by the same rules which govern that of an adult, because a child does not have the knowledge or experience to know or estimate correctly the probable consequences of his acts in a given situation.”
For example, our child injury law firm has obtained settlements for kids struck by tow trucks and delivery vans.
Recoverable Damages for Your Injured Child
Your child may have grounds to seek financial restitution through a civil lawsuit after suffering injuries in a preventable incident.
For example, an experienced child injury lawyer in Virginia can help you pursue the following types of recoverable damages:
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- Reimbursement for Medical Treatment: This includes all past and present medical expenses related to your child’s injuries, such as hospital stays, surgeries, and ongoing treatments.
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- Cost of Future Medical and Rehabilitative Treatment: This includes both childhood and adult care needs, such as possible assistance your child may need in their daily life due to serious bodily injury. For example, your child may need the help of a personal care aide, specific medical equipment, or modifications to their living environment to accommodate their needs as they age.
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- Future Special Education Expenses: If the injury has led to conditions requiring special educational services, you should factor the costs of these services into the damages amount you ask for. This can include specialized tutoring, adaptive technology, and other academic support that will be necessary throughout the child’s schooling.
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- Diminished Earning Capacity: If the injury sets back your child’s ability to pursue a career and work, your child injury lawyer will work with experts to consider this loss and seek appropriate compensation. For example, if your child suffers a spinal cord injury or a traumatic brain injury, it could seriously affect the types of jobs they may be able to pursue in the future.
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- Pain, Suffering, and the Loss of Enjoyment of Life: Recoverable compensation includes the emotional and psychological damage caused by the accident (and resulting injury). In addition, if your child’s injury hurts their ability to enjoy life and participate in activities (sports, band, etc.) they previously enjoyed, this warrants compensation through the civil justice system.
Benefits of Hiring a Virginia Child Injury Lawyer
Child injury cases are complex and challenging for many reasons, most notably because of the potential legal repercussions that the responsible party or parties may face if held liable for your child’s harm and losses.
The responsible party will likely retain the services of an experienced defense lawyer to mitigate their potential legal liability. In effect, you level the playing field by hiring an experienced Richmond child injury attorney.
Compiling and Analyzing Evidence
In addition to leveling the playing field with the other side, a knowledgeable Richmond child injury attorney can help compile and review the necessary evidence for your child’s personal injury case. Because children are often under the care of institutions, the production of evidence is frequently more complicated than many personal injury cases involving adults.
Negotiating with Insurance Adjusters
You often must file a personal injury claim on your child’s behalf to obtain a fair settlement or verdict.
This claim will typically go through an insurance adjuster. It may be a homeowner’s policy, an auto insurance policy, or the policy of a business that is the source of the compensation, depending on how and where the injury occurred.
Speaking with an insurance company without a Virginia child injury lawyer by your side increases the risk the claim adjuster minimizes the injury’s impact on your child and offers a low settlement.
To secure maximum compensation for your child’s injury, speak to a Richmond child injury lawyer before accepting any offer from an insurance company. Additionally, consult with a lawyer before signing any paperwork. They can help evaluate your case and give you a better sense of what your child’s legal claim may be worth.
You Have Limited Time to Take Legal Action on Your Child’s Behalf
Under Virginia Code § 8.01-243, the statute of limitations for a personal injury action in Virginia is generally two years from when the injury occurred. For example, if someone gets hurt in a car accident in Midlothian, Mechanicsville, or another part of Virginia in March 2023, the statute of limitations would likely be March 2025.
However, it is essential to highlight a special rule that applies to accidents involving minors under Virginia Code Section 8.01-229. In that context, the statute of limitations for an injured child begins when the child reaches the age of 18. Therefore, they will have two years after turning 18 to seek compensation through a personal injury claim or file a civil lawsuit.
As you can see, unique circumstances can impact the applicable statute of limitations, so it is important to consult with an experienced and reputable Richmond child injury attorney about your specific circumstances. Failing to comply with the statute of limitations puts your child’s legal claim at risk and can mean the law will bar them from receiving financial restitution for their losses.
Benefits of Consulting Legal Counsel For a Child Injury Case Sooner Rather than Later
In addition to complying with the applicable statute of limitations, there are various other time-related benefits associated with retaining a Richmond child injury lawyer sooner rather than later. Those benefits include:
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- Addressing Immediate Needs of Your Child and Your Family: A skilled Virginia child injury attorney can help you and your family address immediate needs related to the accident and your child’s bodily injuries, such as securing necessary medical care while preparing the case for mediation or trial.
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- Preservation of Evidence: If a significant period lapses between the accident and you retaining a Virginia child injury lawyer, there is a heightened risk of evidence or witness’s memory being lost or degraded. Early intervention by a Richmond child injury attorney can help preserve critical evidence, including written statements from key witnesses when their memory remains fresh.
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- Compilation and Review of Medical Records: A knowledgeable child injury lawyer in Virginia can conduct a comprehensive assessment and analysis of your child’s medical records. This is important to help identify the extent of your child’s injuries and determine the appropriate amount of compensation.
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- Consultations with Reputable Experts: Personal injury cases in Virginia, particularly those involving children, may require an evaluation by experts such as economists, accident reconstructionists, orthopedic surgeons, and child neuropsychologists. Early involvement by a child injury attorney in Richmond can help ensure that the right experts are consulted and their findings are integrated into your child’s injury case.
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- Navigating Potential Legal Hurdles and Inherent Complexities: Personal injury law in Virginia features myriad rules and trial deadlines you must meet to get and keep your day in court. An attorney can guide your family through the legal process, managing all procedural requirements correctly to increase the likelihood that your child obtains a just monetary recovery.
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- Pursuing Maximum Compensation for Your Child’s Harms and Losses: The sooner a lawyer gets involved, the sooner a civil action can be filed on their behalf. Delays can lead to complications that may impact the viability of securing a sizable settlement or trial verdict, especially if evidence or testimony becomes less reliable over an extended period.
Act Today – Contact a Skilled Child Injury Lawyer in Richmond, Virginia
Parenting and childhood are hard enough.
Now you want to help your child overcome a severe injury in a preventable accident.
You may feel overwhelmed.
And your child may feel anxious and worried.
But now is the time to consider taking legal action.
Call or email us today to see if we will serve as your Virginia child injury lawyer and what options you have under negligence and tort law. We have obtained over $50 million for victims in the Commonwealth of Virginia and want to help you and your child.
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