Child injury cases require much legal expertise, as establishing liability can be difficult. Unfortunately, due to negligence 100 children are killed yearly, and 254,000 are injured in bicycle-related accidents. In addition, unintentional injuries remain the leading cause of death for children and young adults. Understandably, when a child is injured due to another’s carelessness, parents may seek justice and compensation.
In order to prove liability in child injury cases and maximize your chances of securing adequate compensation for medical bills and emotional trauma due to the injury, it is important to know the most common tactics used by defendants trying to deny accountability or reduce their fines. This article will discuss five strategies against such claims made by defendants who do not wish to take responsibility for their actions resulting in harm to their child.
Insufficient Evidence
In order to defend against a claim, defendants often argue that there is insufficient evidence to prove that their negligence caused the injury. They may say that other factors have contributed to the injury, and without strong proof, it is difficult to make a valid case.
It is vital to assemble as many relevant pieces of evidence as possible to show that the wrongdoing originated from the defendant’s negligence. This could include witness statements, medical records, physical evidence like scene photographs, or any other supporting documentation. By doing this, you’ll have a better chance of demonstrating liability on behalf of your defendant.
Child Negligence
In personal injury claims involving minors, defendants may attempt to deny liability based on comparative negligence. They may argue that the minor’s actions are partially or wholly responsible for their injuries. To counter this argument and prevail in the case, a plaintiff must demonstrate that the defendant was primarily responsible for causing the injury despite any reckless behavior on behalf of the child.
Evidence must show that the defendant had a duty of care, breached said duty, and is liable for any damages caused. It must also be proven that any alleged recklessness by the minor did not significantly contribute to the injury in question.
Limitations of Liability
The defendant may challenge your child’s injury claim by arguing that the statute of limitations has run out. It’s important to remember that each state sets its own statute of limitations for personal injury claims, so it’s essential to review the deadlines for your case before moving forward.
To combat the defendant’s argument, present evidence that shows you filed your claim within the allotted time frame and evidence explaining any delays in filing the suit, such as discovering a delayed injury or other unforeseen circumstances.
Risk Assumption
In response to a claim, the defendant may plead assumption of risk. This defense suggests that the plaintiff was aware of the risks before participating in an activity and still willingly proceeded. To counteract this argument, you must prove that the defendant did not provide adequate warnings or safeguards for safety.
Additionally, you can demonstrate that the event leading to your child’s injury is hazardous and sufficiently outside their level of understanding.
Challenge Causality
Defendants may raise the question of causation when approached with claims of negligence. They can argue that the injury wasn’t due to their responsibility but rather due to other factors, such as the plaintiff’s clumsiness. In order to challenge this effectively, relevant evidence connecting the complainant’s injury to the defendant’s negligence must be compiled. This includes written and oral testimonies from witnesses and experts alike,as well as physical evidence directly related to the incident.
Conclusion
In child injury cases, defendants may pursue strategies to counter the plaintiff’s claims. Therefore, it’s paramount for plaintiffs to defend against these tactics and build their cases accordingly. Seeking counsel from a legal professional who is well-versed in liability can be beneficial when pursuing a successful resolution.
Evidence should be gathered, and documentation must be thorough regarding all expenses resulting from the incident. These actions are critical to securing the necessary compensation associated with the claim.
