By David Wolf, Attorney Published by Child Injury Lawyer Network
Children are the unfortunate victims of injuries in automobile accidents, slip and fall accidents, daycare center accidents, school injuries, and other incidents that cause personal injuries. When an accident or incident occurs, it can be helpful to take photographs at the scene of the accident.
There are four basic elements of most personal injury cases:
1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.
These are the four basic elements of most negligence cases. Parents are often challenged by medical bills and other issues following a child injury. While it would nice if insurance companies and businesses admitted to fault up front for incidents, this typically does not happen. It is the burden on the Plaintiff (parent acting on behalf of the child) to prove that there was negligence on the part of the driver, day care center employee, or other Defendant for the injuries caused to the child. In some cases, liability can be easily proved. For instance, there was a rear end accident that was witnessed by other drivers and the at fault driver received a citation. However, even in these cases, causation can be challenged. In other words, the severity of the accident (i.e. property damage) is pointed to as a causation issue. The defendant and insurance company will argue that it is a low impact accident that could not have caused any damage.
As you can see, legal cases involving injuries to children and others can be quite challenging even when it seems clear to that there is fault for an accident or incident. Whether it is an automobile accident or an incident at a school, photographs should be taken if possible and practical to document the scene of the incident or the cause of the incident. As another example, let’s say a child is cut or lacerated by a sharp object or railing on playground equipment. A photograph of the playground equipment may be helpful in proving the case down the line. Was it a dangerous condition? Should padding have been in place? Was the playground properly maintained? A photograph and / or video of the area in question would be helpful to proving liability or arguing entitlement to compensation for the child’s injuries.
Due to the complexity of child injury cases, it is often helpful to consult with a Child Injury Lawyer for advice and legal representation. The book titled – <strong>The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.