Protecting Your Child's Rights After an Injury

Seeing your child injured is every parent’s worst nightmare. Unfortunately, unintentional injuries are a leading cause of serious harm among children in Colorado. Every day, hospitals treat countless Colorado children for injuries from falls, playground mishaps, sports, and other accidents. As a Colorado law firm and community members, we at Western Slope Law understand how overwhelming it is to cope with an injured child. We’re here to help you navigate the legal aftermath so you can focus on your child’s healing.

Common Reasons for a Child Injury Case

We’ve written this guide to answer common questions and provide clear, compassionate guidance for anyone going through this situation. Our goal is to empower Colorado parents with knowledge and reassurance during a difficult time.

Motor Vehicle Accidents

Car crashes remain a leading cause of serious injuries to children. Whether your child was hurt as a passenger in your vehicle, as a pedestrian, or on a bicycle, the impact can be devastating. Proper car seat use dramatically reduces injuries, yet many accidents still result in harm to kids. In Colorado, dozens of children are injured or killed in traffic accidents each year (codot.gov). These cases often involve negligence by a driver – for instance, a distracted or speeding driver hitting your car or striking your child on the street.

School and Playground Injuries

Schools, playgrounds, and daycare centers are supposed to be safe spaces, but lapses in supervision or maintenance can lead to serious injuries. Children may fall from faulty playground equipment, suffer sports injuries due to inadequate safety measures, or get hurt because a school failed to address hazards. Falls are actually the leading cause of nonfatal injury for children – about 8,000 kids nationwide go to the emergency room for fall-related injuries every day. If your child’s injury happened at a school or playground in Colorado, you might have a case if negligence played a role.

Daycare Negligence and Abuse

When you entrust your child to a daycare or childcare provider, you expect them to be safe. Sadly, negligence in these settings – such as inadequate supervision, dangerous premises, or even abuse by staff – can lead to injuries. There have been alarming reports in Colorado of injuries and even deaths in licensed childcare facilities. Between 2006 and 2012, 24 children died from injuries at licensed child-care facilities in Colorado, and at least 10 of those cases involved providers with a history of safety violations. While most daycare providers are caring and responsible, those who cut corners on safety must be held liable. 

Defective Products (Toys & Equipment)

Children’s products are meant to be safe, but defective or dangerous products still make it into our homes. Examples include toys with choking hazards, cribs or car seats with faulty designs, or recreational equipment that malfunctions. If a product defect caused your child’s injury this could lead to a product liability case against the manufacturer or seller. These cases require showing that the product was unreasonably dangerous or lacked proper warnings.

Who Can Be Held Liable for Your Child’s Injury?

After a serious injury, one of the first questions we help parents answer is: who can be held legally responsible? The answer depends on how and where the injury happened. Colorado law allows you to seek compensation from any person or entity whose negligence caused or contributed to your child’s injury. Importantly, very young children cannot be deemed at fault for their own injuries under Colorado law. This means the focus will be on the adults, companies, or organizations that failed in their duty of care.

Negligent Drivers

If a reckless or inattentive driver caused a car accident that injured your child, that driver and their insurance company would be the primary party held liable. Drivers have a duty to follow the rules of the road and watch for pedestrians and smaller passengers. When they breach that duty they can be held responsible for the injuries that result. 

Schools and Daycare Providers

Schools, daycare centers, summer camps, and similar institutions assume responsibility for children’s safety while they are in their care. If a child is injured due to negligent supervision, unsafe facilities, or abuse by an employee, the school or childcare provider can be held liable. For instance, a school could be liable if it knew about a dangerous condition like a broken playground ladder and didn’t fix it, or if teachers ignored bullying or violence that led to injury. A daycare center could be liable if it violated safety regulations or staff-to-child ratios, resulting in an accident. 

Property Owners and Businesses

If your child was hurt on someone else’s property, the owner of that property may be liable under premises liability law. Property owners must maintain reasonably safe conditions, especially if children are likely to be present. For example, a homeowner who leaves a gate open to a swimming pool may be liable if a child wanders in and drowns; a store owner could be liable if a heavy unsecured shelf falls on a child shopper. In Colorado, even public parks or facilities could be liable for negligence. 

Manufacturers of Defective Products

Companies that design, manufacture, or sell children’s products can be held liable if their product is defective and injures a child. This includes not just toys, but also sports equipment, playground equipment, safety gear, and more. In these cases, liability might fall on multiple parties in the supply chain. For instance, if a defective bicycle helmet contributed to a child’s head injury, the helmet manufacturer could be liable for producing an unsafe product. 

How Much Your Case Could Be Worth

While every case is unique, the value of a child injury claim generally depends on the severity of the injury and its impact on your child’s life and your family. As experienced Colorado child injury lawyers, we approach this with care and diligence – we want to ensure you pursue full and fair compensation for all the losses you and your child have suffered.

Medical Expenses and Future Care

You can claim all medical costs related to your child’s injury. This includes emergency room bills, hospital stays, surgeries, doctor visits, medication, medical devices, and rehabilitation therapies. We also consider future medical needs – if your child will require ongoing treatment, follow-up surgeries, counseling, or special care into the future, those estimated costs should be included in the claim.

Pain and Suffering

Children experience physical pain and emotional suffering just as adults do. Compensation for pain and suffering addresses the physical pain, discomfort, and emotional trauma your child endures due to the injury. A child who suffers scarring or disability may also face anxiety, depression, nightmares, or loss of enjoyment of typical childhood activities. These non-economic damages are harder to quantify, but they are a crucial part of the claim.

Impact on the Child’s Future

A serious injury can have long-term consequences for your child’s life. If the injury causes any permanent disability or limitations, we seek damages for lost future opportunities. This can include an estimate of lost earning capacity in adulthood if, for instance, a brain injury affects cognitive development or a spinal injury limits career options. It can also cover the loss of ability to participate in activities that would have enriched their life.

Educational and Special Needs

If your child’s injury affects their education – for example, requiring special education services, tutors, or causing them to fall behind in school – those costs can be included. Additionally, any home modifications or special accommodations necessary for your child’s well-being are part of the damages.

Parents’ Financial Losses

When a child is injured, it often impacts the parents financially. You may have had to take time off work to care for your child or drive them to medical appointments. Those lost wages can be claimed. Also, if you incurred other expenses like traveling to a specialized children’s hospital or paying for childcare for siblings while you focus on the injured child, those are compensable losses.

Wrongful Death Damages

We hope your child makes a full recovery. However, in the heartbreaking event that an injury leads to the loss of a child, Colorado law allows parents to pursue a wrongful death claim. Damages in such cases can include funeral and burial expenses, the emotional pain and suffering of the family, and the loss of the child’s companionship. No amount of money can heal that pain, but holding the responsible party accountable can offer a measure of justice and financial support for grieving families.

How Hiring a Lawyer Can Help

Handling a child injury claim on your own can be overwhelming – especially when you’re already juggling doctor visits, therapies, and the emotional fallout of your child’s injury. Hiring an experienced child injury lawyer can make a tremendous difference for your family’s recovery, both emotionally and financially. At Western Slope Law, we approach every case with compassion and a determination to relieve your burden. Here’s how we can help:

• Guiding You Through Legal Complexities: Child injury cases in Colorado often involve complex laws and procedures. For example, claims involving minors may require court approval for settlements to ensure the child’s interests are protected. There may be special statutes of limitation (deadlines) that differ when a child is involved. Our legal team knows the ins-and-outs of Colorado personal injury law as it applies to children.

• Investigating and Building a Strong Case: We will conduct a thorough investigation into the incident that caused your child’s injury. This might include gathering accident reports, interviewing witnesses, consulting experts, and reviewing safety records. Our goal is to prove clearly who was at fault and how their negligence caused the injury.

• Advocating for Your Child’s Future: As parents ourselves, we truly understand that this case isn’t just about money – it’s about your child’s future well-being. We take a personal, empathetic approach to advocacy. That means we listen to your concerns, keep you informed at every step, and make sure the legal strategy aligns with what’s best for your child.