Wilmington Child Injury Lawyers
Strong advocacy when your child is injured in Wilmington
No child should suffer injuries because of another person’s actions. At Silverman, McDonald, and Friedman, our lawyers hold drivers, property owners, daycare centers, manufacturers, and others accountable when they fail in their duty to protect your child. We understand the unique challenges involved with representing children and their parents, including working with doctors who specialize in treating children. Our Delaware child injury lawyers demand damages for all your child’s medical care, pain and suffering, and other financial and personal damages.
Our record of results includes obtaining $800,000 when a child was injured at a daycare center.
How can we help?
- What types of accidents harm children in Wilmington?
- What child injuries do accidents cause?
- What laws help to protect my child
- What are the challenges in representing children in Wilmington?
- How much time do I have to file an accident claim for my child?
- Do you have a Wilmington child injury lawyer near me?
What types of accidents harm children in Wilmington?
Our Wilmington child injury lawyers represent children and parents in the following types of accident claims:
Vehicle and pedestrian accidents
We represent toddlers, infants, young children, and teenagers who suffer injuries while riding in (or, in the case of teens, driving) a car or any other vehicle, such as an ATV or a motorcycle. Our lawyers also represent children if a driver hits your child while your child is playing near your home, crossing a street, or walking to school. Additionally, we represent children who are injured by vehicles while riding their bicycles.
We file personal injury lawsuits against everyone responsible for a vehicle, pedestrian, or bicycle accident.
Our team will also file wrongful death lawsuits. Sadly, many children die due to the negligence of others. The Insurance Institute for Highway Safety (IIHS) reports that in 2022, children under 13 were involved in 604 fatal vehicle accidents, 454 fatal pedestrian accidents, and 30 fatal bicycle accidents.
School bus accidents
School bus drivers and school districts may be liable if a driver causes an accident that injures or kills any child in their bus. Car, truck, and other vehicle drivers may be liable if they fail to stop when a bus indicates through its position, flashing lights, and/or red stop sign that the bus is stopping/stopped so children can enter or exit the bus. Drivers should give children the time to cross any streets or intersections.
Defective children’s products
At Silverman, McDonald, and Friedman, we hold manufacturers of products for children liable when they put their profits before your child’s safety. We file product liability claims where we show that the product that harmed your child was defective due to poor design, faulty workmanship, the failure to warn of any dangers, and unclear instructions.
Common child products that have been recalled or have been found unsafe include:
- Car seats
- Cribs
- Strollers
- Highchairs
- Toys
- Flammable pajamas
- Products that cause children to choke
- Bicycles and bicycle helmets
- Skateboards, ATVs, and scooters
- Bounce castles and trampolines
- Products with lead poisoning
- Playground equipment
- Sports equipment
- Many other products
Premises liability accidents
Parents may have a premises liability claim if their child is injured while legally on the property of any store, restaurant, hotel, or any other type of property. Property owners in Wilmington should regularly inspect their property for known dangers such as wet floors, broken tiles, loose cables, and other risks of falling. Property owners also have a duty to protect visitors, including children, from negligent security attacks and other dangers.
Even if your child trespasses, a homeowner or property owner may be liable for any injuries if your child was attracted by a “nuisance” such as a swimming pool or trampoline. Property and homeowners should ensure that any items a child may be attracted to are protected through fences, restrictions to access, and warnings.
What child injuries do accidents cause?
Some of the injuries children suffer are the same injuries adults suffer. When a car accident happens, for example, your child may suffer traumatic brain injuries, spinal cord damage, burns, fractures, internal organ damage, nerve damage, and other injuries.
Children are generally more prone to the following types of injuries due to their small size, lack of development, failure to appreciate dangers as adults do, and because of the activities they like:
- Choking. Manufacturers, daycare centers, and anyone who supervises children need to be aware of the risk that an infant or child can easily choke on small objects that become lodged in their throat.
- Suffocation. Children may suffocate if they play or use plastic bags, are positioned in a crib improperly if a space is unventilated, or for other reasons.
- Thermal and electrical injuries. Children often fail to understand that anything hot is dangerous and that touching electrical sockets, tools, or anything electrical can be deadly.
- Other injuries. Children are more prone than adults to suffer dog bites, falls, and abuse.
Our Wilmington child injury lawyers work with physicians who understand how to communicate with children and treat their injuries with an eye toward how their bodies grow.
Daycare negligence and abuse
Daycare centers must have sufficient competent staff to protect the children in their care from harm. The daycare centers should also protect the children from the risk of slip and falls, playground injuries, physical abuse, sexual abuse, injuries by other children, drowning, objects that could cause choking, and other dangers.
What laws help to protect my child
There are many laws enacted to protect children. Some of these laws include.
- School zones. In Wilmington, drivers must drive under 20 miles per hour when they are in school zones.
- Car seats. In Wilmington, children should be secured in the cars they’re in as follows:
- Children under the age of 2 AND 30 pounds should ride in a rear-facing car seat.
- Children under 4 AND 40 pounds should 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.”
What are the challenges in representing children in Wilmington?
There are unique challenges involved in filing a personal injury claim for your children. In some cases, the court may need to appoint a guardian ad litem for a child. Our Wilmington child injury lawyers understand all of these challenges, including the following:
The testimony of a child
Most adults are afraid of court proceedings. Your child is likely to be even more afraid. Whether it’s talking to a judge, facing questions from the defendant’s lawyer, or talking to doctors, children (especially young children) have difficulty expressing themselves. At Silverman, McDonald, and Friedman, our lawyers will help prepare your child for these conversations and work to minimize your child’s anxiety. For example, we may request that a judge allow the questioning of your child to take place in the judge’s chambers, which are private, instead of the courtroom, which is usually open to the public.
Structured settlements
The court must approve any settlements on behalf of children. Whether your child’s case settles or there is a verdict, the funds are normally held in a settlement trust to ensure that the funds are there for your child’s medical bills and when your child turns 18.
We understand how child injury settlements and verdicts should be structured so your child can benefit medically and emotionally, and so the balance of the funds is given to your child when your child becomes an adult.
Wrongful death of a child
At Silverman, McDonald, and Friedman, we file wrongful death claims on behalf of parents if a child tragically dies in a Wilmington accident. We demand compensation for the mental anguish of the parents, any outstanding medical bills, funeral and burial costs, and other financial damages.
How much time do I have to file an accident claim for my child?
Generally, the statute of limitations for personal injury actions and wrongful death actions is two years from the date the accident occurs. In claims against a government agency/entity, there is a much shorter notice requirement.
While your child’s claim may not mature until they reach the age of 18, it is best to contact us immediately so we can investigate the cause of the accident, review your child’s medical care, file your claim while everyone’s memories are fresh, and for your peace of mind that you’re protecting your child.
Do you have a Wilmington child injury lawyer near me?
Yes, Silverman, McDonald, and Friedman has an office located at 1523 Concord Pike, Suite 400, Wilmington, DE 19803. If your child is too injured to come to our office, we can make arrangements to see you and your child at their home or a healthcare facility. Our lawyers also consult with parents by phone and through video conferences. We’re prepared to answer your questions, explain how the litigation process works, and fight for all the compensation your child deserves.
Get help for your child by contacting our Wilmington child injury lawyers today
We understand how concerned you are about your child. You want the best for your child. At the law offices of Silverman, McDonald & Friedman, we have more than 100 years of combined experience fighting for accident victims and their families. We’re ready to guide you and your child through each stage of the claims process, preparing both of you in advance. Our team is here to fight for your child’s future. Please call us or fill out our contact form to schedule a free consultation. Our lawyers represent children and families on a contingency fee basis.