Denver Child Injury
If your child has suffered injuries while in the care of another person, in a car crash or as a result of participation in some activity, it can be a very unexpected and stressful experience. You want to make sure your child is not harmed and to make everything better if they have been hurt. Although no person wants to involve their child in a lawsuit, hiring an experienced Denver personal injury lawyer for your child’s injuries may be in your child’s best interest and can help your child receive full and fair compensation for their injuries and losses.
Colorado Law and Child Injuries
Under Colorado law, a child or a minor under the age of 18 is considered a person under disability, which means they are incapable of taking legal action on their own. Although in most cases a statute of limitations (SOL) begins to run immediately after the injuries occurred, since your child is considered under disability, their statute of limitations may not begin to run until a later date.
Each type of injury case is different. If your child is injured due to the negligence of a third party, it is critical that you consult with a Denver personal injury attorney immediately to educate yourself regarding the potential deadlines for filing suit against the negligent party. Also, if you, as the parent, incurred economic losses as a result of your child’s injuries, your ability to pursue a claim for your own damages is time limited. If you do not settle your claims or file a lawsuit within the appropriate period of time, you may be forever barred from recovering your own economic losses.
In Colorado, probate court approval is required before a personal injury case involving a minor can be settled. The rules for seeking approval of a minor’s personal injury settlement are very specific. Jennifer Donaldson has experience navigating this system on behalf of her clients and will guide you through this potentially complicated process.
Denver Child Injury Attorney
Was your child seriously injured or killed because of another party’s negligence? Do not delay in seeking legal representation for help getting justice.
Colorado personal injury lawyer Jennifer Donaldson helps the families of victims in such areas as Boulder County, Arapahoe County, Denver County, Adams County, and Jefferson County. The Law Office of Jennifer L. Donaldson can review your case as soon as you call (303) 458-5000 to take advantage of a free initial consultation.
Colorado Child Injury Navigation Center
- Child Injury Claims in Denver
- Elements to a Child Injury Lawsuit in Denver
- Damages That Can Be Claimed in a Denver Child Injury Lawsuit
- Resources for Denver Child Injuries
Child Injury Claims in Denver
Child injury claims in Colorado can occur in any of the following situations:
- Attractive Nuisance — An attractive nuisance is something that is attractive to a child and entices them into a condition that is dangerous for the child. Attractive nuisance examples can include machinery, swimming pools, lakes, boats, cars and animals.
- Child Care Accidents — If your child was in the care of another person or was at daycare and injured due to the conditions of the day care facility or lack of supervision, you may have a claim for negligence.
- Negligent Supervision — Negligent supervision cases often arise in a day care facility or where another person was responsible for the care of your child. If your child was injured while in the care of another person because that person failed to exercise reasonable care and control over the child, you may be able to recover damages for your child’s injuries.
- School Accidents — If you child was injured at school as a result of another person’s negligence, you may be able to recover damages for their injuries. These injuries can include slip and falls on school property, school bus accidents or sports-related accidents. However, since many schools are public institutions, the negligent party would likely be subject to the government liability rules in personal injury cases. This means, if a child has been injured at a public school, notice must be provided to the governmental entity within 180 days of the cause of action.
- Child Abuse — If your child was in the care of another person and suffered sexual assault, physical abuse or emotional abuse, your child may be entitled to recover damages for the injuries they sustained as a result of the abuse.
- Car Accident — If you child was a passenger in a car and was injured as a result of a crash, you may be legally entitled to seek compensation for their losses from the at-fault party.
- Ski Accident — Skiing is one of the most popular pastimes for Colorado residents and visitors. Children often participate in this seasonal activity and sometimes sustain injuries due to property owner negligence or negligent supervision.
Elements of a Child Injury Lawsuit in Denver
A negligence lawsuit for your child’s injuries will be based on the following elements:
- Duty — The negligent party must have had a duty to exercise reasonable care, as measured by an ordinary person standard. This duty varies depending on your child’s situation and the individual who was negligent in causing your child’s injuries.
- Breach — The negligent party must have breached their duty of care for your child by committing some act or by failing to act in a certain way.
- Causation — The negligent party’s breach of their duty must have been an actual and proximate cause of your child’s injuries.
- Damages — Your child must have also suffered some type of compensable injury as a result of the negligent party’s breach.
Additionally, your attorney will have to prove the preceding elements by a preponderance of the evidence in order to recover damages for your child’s injuries. A preponderance of the evidence is a burden of proof at trial that is satisfied if the evidence weighs more in your favor than not, or if 51% of the evidence is in your favor.
Damages That Can Be Claimed in a Denver Child Injury Lawsuit
There are several damages that can be claimed in a Denver child injury lawsuit because of the unknown factors related to their future. A child must be fully compensated for their injuries because of how the injuries may affect the rest of their life.
- Current and future medical bills
- Pain and suffering
- Emotional distress
- Loss of potential future wages, salary, or earning capacity
- Loss of enjoyment of life
- Wrongful death
- Loss of companionship
Resources for Denver Child Injuries
Child Fatality Prevention System — The Colorado Child Fatality Prevention System (CFPS) is a multidisciplinary, multiagency team that makes prevention recommendations based on child fatality data in Colorado. This section of the Colorado Department of Public Health and Environment website contains links to prevention system information, legislative reports, data reports, and additional information.
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Safety and Injury Prevention Resources for Families — You can find links to various information about child safety on this section of the Children’s Hospital website. In addition to links to Safe Kids Denver Metro, Safe Routes to School (SRTS), and the Kempe Foundation, you can also find information relating to child passenger safety and child abuse services.
Children’s Hospital Colorado
Anschutz Medical Campus
13123 East 16th Avenue
Aurora, CO 80045
Common Situations Involving Negligent Supervision of Children
Any situation involving a caretaker monitoring children could lead to negligence. The most common scenarios include:
- Daycare; and
- A school official, while at the school or on a field trip or other outing.
The damages that could result from negligence toward children varies depending on the age of the child, but injuries could result from a wide range of scenarios, including:
- Injuries from falling;
- Allergic reaction;
- Injuries caused by other children;
- Burns; and
- Delayed treatment of injuries or sickness.
One can only imagine the seemingly endless accidents that could occur if a child is not properly supervised. In the event of an incident, it can also be devastating to deny the child treatment. Just one moment of negligence or laziness on the part of a caretaker could make all the difference to a child. For instance, if a toddler were to fall on her head while at daycare and inattentive employees did not immediately notice and seek treatment, the child could suffer permanent brain damage.
Law Office of Jennifer L. Donaldson ǀ Denver Child Injury Lawyer
If your child suffered catastrophic injuries or died because of another party’s negligence, it is in your best interest to seek legal counsel. Law Office of Jennifer L. Donaldson serves families in such Colorado communities as Aurora, Centennial, Thornton, Boulder, and many others.
Denver personal injury lawyer Jennifer L. Donaldson is a former Colorado Trial Lawyers Association Lawyer of the Year and has also received an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell®. She can review your case when you call (303) 458-5000 or submit an online form right now to schedule a free consultation.