By David A. Wolf, Attorney
Child Injury Lawyer Blog
There are four essential elements involved with a drowning or near drowning incident as follows:
- Duty;
- Breach of Duty;
- Causation; and
- Damages
It should be kept in mind that all four elements need to be established to pursue a case or claim on behalf of an injured child or on behalf of the parents if a child dies as a result of a drowning incident. The element of damages refers to the injuries sustained by the child. As such if a child is injured as a result of a near drowning incident and requires a hospitalization and medical care, this would be considered the damages. However, it must be established that there was a duty to supervise and that the supervision in place was careless or negligent. In analyzing a child injury case, a Child Injury Lawyer will evaluate the particular facts and circumstances to determine if there was some kind of negligence or fault that was the proximate cause of the personal injuries.
When a child suffers injuries as a result of a drowning or near drowning incident, there are many challenges and stresses placed on the family. During these trying times, it is important for the family to be supported by extended family members, neighbors, the community, medical professional, and, yes, legal representation. There are just too many twists and turns to a personal injury case especially one involving a drowning or near drowning incident. There could be more than one Defendant, more than one insurance company, and other entities to deal with. As such, it makes sense to hire a Child Injury Lawyer to handle these issues.
David Wolf is a personal injury attorney and child safety advocate. He is the author of 7 books that focus on personal injury and child injury issues including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know which has chapters on Swimming and Water Park Injuries, Playground Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
David Wolf understands the importance of family, faith, and freedom to parents dealing with the aftermath of a serious child injury. David Wolf firmly believes in Giving a Voice to Injured Children and Their Families. Contact David Wolf right now or at any time if you would like to discuss a child injury or child safety issue. He is available days, nights, and weekends to his clients, prospective clients, and all other persons seeking some help, information, and guidance on a child injury or child safety issue.