Child Injury Attorneys Protecting Children from Negligent Caretakers
Hearing that your child has been injured in an accident is anxiety-inducing news for a parent. Parents or legal guardians may blame themselves for putting their child in those circumstances, even if the accident was out of their control and other factors are to blame. Nearly 7,000 children are killed from injuries annually, and many of these incidents can be prevented. Consult child injury attorneys protecting children from negligent caretakers.
Here are the most common causes for child injuries, which can also lead to death:
- Dog bites/attacks
- Unintentional poisoning
- Brain injury
- Broken bones
- Playground accidents
- Irresponsible supervision
No child should have to endure these scenarios. However, if you’re a guardian of a child who has been injured and are seeking legal representation, our child injury attorneys at Shaevitz & Shaevitz can discuss your avenues in a free consultation. With over 65 years of experience in law, we’re confident we can provide you with the proper legal protection for you and your child.
Some common types of child injuries are caused by negligent caretakers. Licensed caretakers, educators, and other professionals are trained extensively to deal with children. But when they breach their job duties, or fail to act responsibly to protect children in their care that they agreed to in a day care or other setting, they may be held liable for any injuries the child has undergone on their watch. Children in the foster care system are especially susceptible to these injuries if the foster agency failed to train the foster parents accordingly. A child should never have to suffer the consequences of negligent supervision.
In the state of New York, some professionals are deemed Mandatory Reporters in Section 413 of the New York State Social Services Law, which means if they see or suspect a child being abused or mistreated by another professional in their field, they are required to report it to the New York State Child Protective Services (CPS). Mandated reporters are social workers, therapists, physicians, dentists, nurses, peace officers, district attorneys, day care workers, school officials, Emergency Medical Technicians, and more.
Suspicion of parental abuse is equally mandated to be reported. Individuals can face a Class A misdemeanor charge and other penalties for not reporting suspected child abuse. New York state laws provide protection for injuries, allotting up to a decade to file a lawsuit for damages after an injury to an infant.
Child abuse leading to serious injuries should be reported immediately by calling 911 and the CPS hotline at 1-800-342-3720. It is important to gather as much evidence and information as possible about the incident so that our child attorney lawyers can build a solid case for you and your child. CPS and emergency services will need the information as well.
If you believe your child was injured due to a negligent caretaker, you must be able to prove:
- The incident could have been prevented or foreseen through reasonable observation.
- The caretaker or organization accepted responsibility to take care of your child for a period of time.
- The person responsible acted in a way that abandoned his or her responsibilities and failed to protect the child from the incident.
- The lack of action, or irresponsible action, was the leading cause of the child’s injury.
These factors are crucial, but difficult to prove on your own, which is why you shouldn’t have to do it alone. Our child injury attorneys can gather evidence and lay out a case for you to receive the proper compensation if another party is responsible for wrongful injury of your child.
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