CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

Articles Posted in Children’s Accidents

What is the death of a child worth?
What is the Death of a Child Worth?

In calculating wrongful death claims, there is the potential to reduce the deceased to a number: how much he or she is “worth,” expressed as a dollar figure. This often takes into consideration factors that are sometimes difficult to quantify such as the value of the decedent’s company and companionship, the value of his or her guidance in the household, and the value of any protection the decedent would have provided to the surviving family. In such a calculation, children fall short: while children are certainly missed by their parents, children who die in wrongful death accidents may not have:

Infant Death from Weighted Blanket at Childcare Center

August 21, 2014, is a date that forever changed the lives of parents whose infant son died from the misuse of a weighted blanket at his daycare center. This tragic wrongful death at daycare does shed light on a practice that some parents and daycare providers practice that can have deadly results. In Webster Grove, Missouri, a 7-month-old infant was found dead under a weighted blanket.

Child_angel_on_a_child's_grave_-_Oak_Hill_Cemetery_-_2013-09-04Wrongful death claims for deceased minors can include a claim for the loss of future wages.  How is this possible if the deceased child never worked a day or died while still an infant?  In fact, this is the question of doubt that defense lawyers use to sow doubt or to attempt to diminish the value of a claim in the minds of juror when discussing this portion of the wrongful death claim of a minor.

However, a good wrongful death lawyer does not shy away from pursuing a future wage loss claim when representing the relatives of the deceased child when the possibility for doing so exists.   What does a wrongful death lawyer do to calculate the future lost earnings of a deceased child?  Admittedly, the process used is not perfect but it is a process that courts generally accept.

File:Defense.gov photo essay 100319-F-3623T-191.jpg
Pediatric Orthopedic Surgery

In general, the younger the orthopedic patient, the greater is the chance for remodeling of bone.  A fracture in a young person doesn’t have to be as tightly realigned because remodeling will take hold and the bone will heal properly.

accidental drownings in swimming poolsA backyard swimming pool is a wonderful opportunity for family exercise and recreation, and a spa is a great way for adults and kids to unwind. Unfortunately, they are also sources of potential danger due to the frequency of accidental drownings in swimming pools and spas. According to the Centers for Disease Control and Prevention, between 1999 and 2013 nearly 10,000 people died in the United States due to accidental drownings in swimming pools. These deaths aren’t evenly spread over different age groups, however — nearly 40% of those fatalities were among children 1 to 4 years of age. Further, the statistics say that for each incident of accidental drownings in swimming pools that is fatal, another ten children end up in hospital emergency rooms with non-fatal problems that can be very serious, including brain injury from oxygen deprivation that can result in permanent brain injury and disability.

There are many good resources available for swimming pool safety such as those from the Centers for Disease Control. Simple and obvious tips such as keeping a close watch on young children in and around swimming pools and avoiding significant intoxication that can lead to drowning in adults who are swimming are included. Studies also show that taking swimming lessons can very significantly reduce young children’s risk of accidental drownings in swimming pools, perhaps by nearly 90%.

dirty kids
We all have heard about the dangers of distracted driving, drunk driving, speeding, etc., but do we ever stop to consider the dangers involved with driving with kids?  Kids are loud, and messy.  These two factors can cause distraction – a high-pitched squeal can divert a driver’s attention from the road.  So can reaching to catch an airborne ketchup packet.  If there are more than one kid in the vehicle, they are nearly guaranteed to start fighting – especially during long road trips.  Refereeing while driving is hazardous.

But in all seriousness, children should be aware of their responsibilities when riding in a vehicle in order to help themselves, the driver and other passengers enjoy a safe ride.  They should be aware that these responsibilities extend to all car rides, no matter who is at the wheel or how long or short the trip is.

Traumatic Injury Rates

Traumatic injury is far and away the leading cause of death in children in the United States, and a major portion of those traumatic fatalities are due to traffic accidents — for ages 11 through 14, traffic accidents are the leading cause of mortality in the U.S. For the most recent year for which full data is available (2012), more than 1,100 children under the age of 15 died in traffic fatalities in this country, and more than 160,000 were injured. Protecting children from traffic accident injury has been a top goal of safety analysts and regulators for years.

Contact Information