A serious injury to a child can turn a family’s world upside down. One moment, everything is normal, and the next, you’re at the hospital trying to make sense of what happened. Sadly, many child injuries are completely preventable and only occur due to someone else’s carelessness.

When a child is injured because of negligence, the whole family struggles. Parents may face sky-high medical bills, time away from work, emotional distress, and concerns about how the injury might affect their child’s future.

Fortunately, Indiana law allows families to seek justice when a child is injured due to negligence. At Habig Injury Law, our dedicated Indiana child injury lawyers help families fight for the compensation they deserve for preventable child injuries. Call us today at 866-638-8049 to learn more about your family’s legal options in a free case evaluation.

Children can be injured in a variety of situations, many of which involve the negligence of adults, companies, or institutions that were responsible for their safety. Some accidents are purely accidental, but others may have been preventable with proper care and attention. Here are some of the most common causes of child injuries.

Car Accidents

Motor vehicle crashes are one of the leading causes of serious injuries among all demographics, including children. Children are especially vulnerable in collisions, whether they are riding as passengers, walking in the street, or biking near traffic. 

Many child car accident injuries occur due to the negligence of another driver, such as speeding, distracted driving, or driving under the influence. Improper child restraints or a lack of supervision can also be factors in these cases.

School bus accidents are another serious concern. While school buses are generally safe, children can be injured during boarding, exiting, or in accidents if the bus driver or another motorist acts negligently.

Playground and School Injuries

Schools, daycare centers, and playgrounds should be safe spaces for children. Schools, daycare owners, and municipalities have a legal duty to keep these spaces free of hazards that could lead to preventable injuries. Injuries can occur due to negligence, such as poorly maintained equipment, failure to follow safety rules, or inadequate supervision. Broken bones, head injuries, and lacerations are all common injuries in these settings.

Dog Bites

Children are often the victims of dog bites and animal attacks. Some of these injuries occur because the child didn’t recognize warning signs or misjudged a pet’s behavior. However, others are the result of negligence by the animal owner, such as failing to use a leash when walking an aggressive dog.

Children are especially vulnerable to severe injuries when bitten by dogs. Even a single bite can cause serious physical injury, infection, or permanent scarring. For many children, the trauma of the experience can also lead to long-term emotional difficulties, such as fear and anxiety.

Defective Products and Toys

Manufacturers of toys, cribs, car seats, clothing, and other children’s products have a legal duty to ensure that these products are safe before they reach the market. However, sometimes manufacturers cut corners or fail to warn consumers about risks, which can have devastating consequences. 

Defective designs, choking hazards, toxic materials, and mechanical failures have all led to child injuries and recalls. If a child is hurt by a defective product, the manufacturer, distributor, or retailer may be considered liable.

Medical Malpractice and Birth Injuries

Mistakes made by doctors, nurses, or other medical professionals can cause serious harm to children. Sadly, birth injuries like cerebral palsy and brachial plexus injuries are not uncommon and can have lifelong consequences for the child and their family. Other medical malpractice injuries to children may occur due to forms of negligence, like surgical errors, medication errors, or misdiagnoses.

If you want to pursue a personal injury claim for your child’s injury, you’ll first need to determine who is legally responsible. In some cases, more than one person or entity may have played a role in the accident and subsequent injuries. Here are some of the most common liable parties our Indiana child injury lawyers have seen in our cases.

Individuals

In many cases, a single person’s negligence is the direct cause of a child’s injury. Some common examples include:

• A distracted driver who hits a child crossing the street with the right-of-way
• A neighbor who fails to control an aggressive dog that goes on to bite a child
• A babysitter who fails to properly supervise a child, which leads to an injury

If an individual fails to act with reasonable care and that failure causes harm, they can be held liable for the injury and any related damages. Depending on the situation, that individual’s homeowner’s insurance, auto insurance, or other liability coverage may apply. A personal injury lawyer can help identify available coverage and pursue a personal injury claim against the responsible party for damages.

Businesses and Property Owners

If a child injury occurs on commercial property, such as a store, restaurant, amusement park, or hotel, the business owner may be liable if the injury was caused by unsafe conditions or a lack of proper maintenance. For example, if a child slips on a wet floor without warning signs or falls from an unsecured railing, the business could be held responsible.

Under Indiana premises liability law, property owners owe a duty of care to people who lawfully visit their property. When that duty is breached and a child is harmed as a result, the property owner may be required to compensate the family for medical expenses and other damages.

Schools and Daycares

Schools and daycares have a legal duty to protect the children in their care. That includes providing a safe environment, supervising students appropriately, and taking reasonable steps to prevent foreseeable harm. If a child is injured due to negligence, such as inadequate supervision or unsafe facilities, the school or daycare may be liable.

If the injury occurred at a public school, special legal procedures may apply. Indiana Code § 34-13-3-3(a) lists specific circumstances where government entities (such as public schools) may not face liability for injuries. You can determine whether your family has grounds for a personal injury claim by discussing your unique case with an experienced Indiana child injury lawyer.

Product Manufacturers

If a child is injured by a defective or dangerous product, the manufacturer or seller may be responsible under Indiana’s product liability laws. This includes toys, car seats, cribs, clothing, playground equipment, or any other item that causes harm because of defective design, manufacturing flaws, or inadequate warnings about potential hazards.

Product liability claims focus on whether the product was unreasonably dangerous when used as intended. If it were, the company may be held liable even if it did not act negligently.

Multiple Parties

In many child injury cases, more than one party may share liability. For example, the family of a child hit by a school bus may have claims against both the bus driver and the school district. Or a daycare accident may involve both unsafe equipment and poor supervision, which would mean that both the daycare and the equipment manufacturer could be named in a lawsuit.

Personal injury claims involving children follow many of the same principles as adult personal injury cases, but there are some important legal differences. Indiana law has specific rules that apply when the injured party is a minor.

Statute of Limitations

In Indiana, the standard deadline for filing a personal injury claim is two years from the date of the injury. However, when the injured person is a minor, the clock does not always start ticking right away. The statute of limitations may be “tolled”, or paused, until the child turns 18, meaning the child will have two years from their 18th birthday to file a claim. However, it is generally best for parents to begin the legal process as soon as possible.

Legal Standard of Care for Children

Indiana courts recognize that children do not have the same capacity for judgment and self-protection as adults. As a result, the law applies a different standard when evaluating a child’s own conduct in an accident. For example, a young child may not be found negligent even if an adult would be under the same circumstances.

This is important because Indiana uses a modified comparative negligence system. This means that in personal injury cases, both the defendant and the plaintiff are evaluated for their negligence. However, young children are much less likely to be deemed negligent than adults.

Court Approval of Settlements

When a settlement is reached on behalf of an injured child, Indiana law requires court approval before it can be finalized. This rule is in place to protect the child’s best interests and ensure that the compensation is fair and properly managed.

In addition, settlements of more than $10,000 have a guardianship requirement. The court establishes a guardianship over the child, and the money is kept separate from the parents’ money to ensure that the minor receives all of the funds. 

What Damages Are Available in Child Injury Claims?

If a child is hurt because of someone else’s negligence, the family may be entitled to damages for all expenses related to the injury, in addition to non-economic damages. This may include:

• Medical Expenses: Hospital bills, surgeries, medication, physical therapy, and future medical care.

• Rehabilitation and Support Services: In-home care, assistive devices, counseling, and special education resources.

• Pain and Suffering: Physical pain, emotional distress, trauma, and loss of enjoyment of life.

• Loss of Earning Capacity: If the injury affects the child’s ability to work in the future.

• Out-of-Pocket Costs: Transportation, home modifications, and time missed from work by caregivers.

Do I Need a Lawyer for a Child Injury Case?

It is strongly recommended to seek guidance from an experienced Indiana personal injury lawyer. Child injury cases are more complicated than typical personal injury claims. A lawyer can help you understand your rights, handle communications with insurance companies, gather evidence, and ensure any settlement is structured properly and approved by the court.

What Should I Do Immediately After My Child Is Injured?

First, make sure your child receives appropriate medical attention. Once your child is safe, try to document the incident. Take photos of the scene and injuries, get contact information from any witnesses, and keep records of medical care. Avoid speaking with insurance adjusters until you’ve had a chance to talk to a lawyer.

 

If your child has recently been injured in a preventable accident, you have the right to take legal action. The experienced Indiana child injury lawyers of Habig Injury Law can help your family seek justice, hold the responsible parties accountable, and fight for the compensation your child needs. Contact our office today at 866-638-8049 to discuss your family’s case in a free consultation.