Delaware Child Injury Lawyers
Strong advocacy when your child is injured in Delaware
Your child is your life. When your son or daughter is injured, all you want is for your child’s health, laughter, and joy to return. At Silverman, McDonald, and Friedman, we have the experience and resources to hold drivers, daycare centers, property owners, and others accountable when their negligence harms or tragically takes the life of your child. We work with your doctors and our own network of pediatricians and childcare physicians to understand the full severity of your child’s injuries. We fight for all the financial damages and personal damage your child and you deserve.
In one child injury case, we obtained $800,000 when a child was injured at a daycare center.
How can we help?
- What types of accidents harm children in Delaware?
- What types of injuries do children suffer when accidents happen?
- What laws protect children from accidents in Delaware?
- What are the unique issues involved in representing children?
- What time limits govern filing claims involving injuries to children in Delaware?
- Do you have a Delaware child injury lawyer near me?
What types of accidents harm children in Delaware?
Our Delaware child injury lawyers handle the following types of accidents that harm children:
Vehicle and pedestrian accidents
We represent children of all ages who are injured while riding in a car, a motorcycle, or a truck. Our team also handles cases involving pedestrian accidents, like if a driver strikes your child while he/she is walking to school, playing in the neighborhood, or crossing a street.
We file personal injury and wrongful death claims against the responsible drivers and any other responsible parties. Our lawyers are also skilled at handling car, and other vehicle accident claims when a child is injured in a car driven by a negligent parent.
According to the Insurance Institute for Highway Safety (IIHS), in 2022, the following number of fatal accidents happened involving children 13 and under:
- 604 accidents in which children were passengers – 83 of the children were in the front seat, and 454 were in the rear seat. The location of the child in the other accidents is unknown.
- 140 accidents involved pedestrians.
- 30 involved bicycle riders.
School bus accidents
School bus drivers, schools, and others have a duty to be extra cautious when they’re transporting children. We hold drivers accountable when they fail to stop when the bus flashes its light, or the red stop sign of the bus is visible. Any drivers near the bus should let children board or exit their school bus and cross the street safely.
Child product defects
Our Delaware child injury lawyers file claims against manufacturers when their products fail to protect your child. Manufacturers are generally strictly liable (no need to prove fault) if their products are defective and the defect injures anyone who uses the product, including children.
Some of the types of child products that may be defective include:
- ATVs
- Cribs
- Highchairs
- Strollers
- Car seats
- Any product that can cause a child to choke
- Toys
- Bicycles and bicycle helmets
- Scooters and skateboards
- Trampolines and bounce castles
- Products with lead poisoning
- Playground equipment
- Sports equipment
- Flammable pajamas
- Other products, depending on the age of the child
Premises liability and attractive nuisances
Any child who has a right to be in a store, hotel, or any property can file a personal injury claim (through their parents) if they are injured due to the negligence of the property owner. Children may also suffer injuries while using a hotel pool or using any amusement park rides. Schools may also be liable for failing to protect their students.
In Delaware, children are also protected if they are injured on the property of a homeowner or any other owner – even if they trespass – if they are attracted to an item on the property, such as a swimming pool or trampoline, and suffer injuries while using the pool, trampoline, or other item. Property owners must take steps to prevent trespassing children from using the pool, trampoline, or other attractive nuisances.
Daycare accidents
Daycare centers in Delaware must anticipate the types of risks the infants and children in these centers face. The centers must be properly licensed and have competent staff members. Our Delaware child injury lawyers file personal injury claims when your child is injured in the following ways:
- While using playground equipment
- Walking across dangerous property
- Using toys that are defective
- A daycare center fails to properly supervise your child
- Your child falls, and the fall should have been prevented
- Another child causes injuries
- Your child chokes
- Your child drowns or is harmed while using a swimming pool
- Physical, emotional, or sexual abuse by anyone at the daycare center
What types of injuries do children suffer when accidents happen?
Children can suffer the same types of injuries as adults if they are injured in a car accident or any other type of accident. These injuries include traumatic brain injuries and other types of head trauma, broken bones, burns, spinal cord damage, internal organ damage, neck and shoulder pain, back pain, nerve damage, and many other injuries.
A few injuries that children are more likely to suffer or more likely to need special care for than adults include injuries due to:
- Choking. Small objects can become lodged in the throat of a child.
- Suffocation. Plastic bags, unventilated spaces, placing a child in a crib improperly, and other conditions can suffocate a child or cause shaken baby syndrome.
- Thermal and electrical injuries. Injuries such as touching a hot stove or electrocution injuries because a child doesn’t understand the dangers
- Other injuries. These include drowning, dog bites, and tragically intentional injuries.
Our Delaware child injury lawyers work with doctors who understand the unique challenges involved in caring for children. Some of these concerns include the fact that the body parts of children are smaller than adults and that attention must be paid to how the child will grow and develop.
What laws protect children from accidents in Delaware?
At Silverman, McDonald, and Friedman, we understand the laws that protect children. Some of these laws include.
- School zones. Generally, the speed limit in a school zone while school is in session is 20 miles per hour.
- Car seats. Delaware requires that anyone who transports a child in a car meet the following conditions:
- Children under the age of 2 AND 30 pounds ride in a rear-facing car seat.
- Children under 4 AND 40 pounds ride in a harnessed car seat.
- Children in booster seats should stay in “their booster seat until reaching the height or weight maximum listed by the manufacturer.”
- Children between 8 and 12 should stay in a booster seat until they meet the criteria for using a seat belt.
The ability of a child to testify
Children are naturally frightened by the litigation process. Children also cannot express themselves as well as adults. At Silverman, McDonald, and Friedman, we have experience speaking with children and helping children if they have to testify in court or speak with a judge in the judge’s chambers. We also work with doctors who understand how to help children say or point to where they hurt and discuss their pain.
What are the unique issues involved in representing children?
We understand the unique challenges involved in filing personal injury claims on behalf of children. Some of these challenges include determining who can file the claim. Normally, parents file the claim. In some cases, a guardian may need to be appointed.
A few key challenges include the following:
Structured settlements
When the victim of an accident is a child, any settlement must be approved by the court. Additionally, whether there is a settlement or a verdict, the money is not paid directly to the child until the child turns 18. During the child’s minority, the funds are essentially placed in a trust to ensure the medical bills are paid when they become due.
Our child injury lawyers understand what the terms of the child agreement should include. For example, the specific terms of the structured settlement will determine when and how non-medical parts of the settlement can be used.
Wrongful death of a child
If a child dies in Delaware due to the negligence of others, we file a wrongful death claim on behalf of the parents. The damages include the funeral and burial costs, the mental anguish of the parents, and other damages.
What time limits govern filing claims involving injuries to children in Delaware?
Generally, the statute of limitations for personal injury claims and wrongful death claims is two years from the date of the accident. A shorter notice requirement applies if the defendant is a government entity.
This time limit may be adjusted on the basis that a child’s claim generally doesn’t mature until the child turns 18.
Please contact us as soon as possible after any type of accident.
Do you have a Delaware child injury lawyer near me?
Silverman, McDonald, and Friedman meet clients at our offices in:
- Wilmington: 1010 North Bancroft Parkway
- Seaford: 300 High Street
- Newark: 4134 Ogletown-Stanton Road
We also meet clients at their homes or a hospital if they are too ill to come to our office. Phone and video consultations are also options.
We’re prepared to answer all your questions and fight to preserve your child’s future.
Speak with our accomplished Delaware child injury lawyers today
At the law offices of Silverman, McDonald & Friedman, we understand how upset you are. It’s heartbreaking to see your child suffer. It’s devastating to know your child’s life may never be the same. Our Delaware personal injury lawyers have more than 100 years of combined experience fighting for accident victims and their families. We’ve obtained more than $60 million in recoveries. Please call us or complete our contact form to schedule a free consultation. We represent children and families on a contingency fee basis when child injuries occur.