Hallandale Beach Child Injury Lawyer

Hallandale Beach offers an incredible array of activities for families to enjoy together, from parks and pools to the beach itself. Unfortunately, those activities, when not properly maintained, may mean serious danger for your children. Any time your child suffers a serious injury due to another party’s negligence, you may wonder what you need to do next. How can you protect your family in the aftermath of a severe accident?

Protecting your child following an accident includes filing a claim on their behalf. At The Law Offices of Jared Spingarn, our Hallandale child injury lawyers help parents learn more about the compensation their children may qualify to pursue following a serious accident and, in many cases, help fight for that vital compensation. Contact us today at 1-866-HIRE-JARED for a free consultation.

How Can The Law Offices of Jared Spingarn Help Hallandale Beach Child Injury Victims and Their Families?

At The Law Offices of Jared Spingarn, we recover millions for our clients each year. We work with child injury victims and their families to help them pursue compensation to cover the full cost of their children’s injuries—compensation based on the injuries sustained by the child and the medical expenses the child may incur, including future anticipated medical expenses related to the accident.

Lead attorney Jared Spingarn prides himself on understanding the injuries Hallandale Beach child injury victims face and the challenges that go along with those injuries. At the age of 18, Jared suffered severe injuries in a near-fatal car crash. He found himself dealing with serious injuries alongside substantial challenges presented by the insurance companies involved in the claim. Now, he helps other victims manage those challenges and obtain the compensation they need to pay the full costs associated with their injuries.

At The Law Offices of Jared Spingarn, we help child injury victims and their families more effectively navigate the system as they pursue compensation for those injuries and the challenges they face every day.

We help investigate your child’s accident.

Child injury claims can prove tricky. Not only do most places bear a higher duty of care to children than to the adults who may visit their facilities, but children may have a harder time explaining exactly what led to the accident.

At The Law Offices of Jared Spingarn, we help investigate the full circumstances of your child’s accident to identify all parties that may have contributed to those injuries and access vital evidence that can help prove your family’s right to compensation.

We provide vital insights into the value of your child’s claim.

Many families simply have no idea how much compensation their child should pursue after a serious accident. Florida law clearly specifies how your family must use funds obtained through a child injury claim, including when you need to set aside those funds for your child.

While you can use those funds for your child’s medical bills and care, you may also need to create a trust that will allow your child to access those funds in the future. With all those confusing elements of a Hallandale Beach child injury claim, you may find yourself struggling to figure out what to do first or how to manage that claim.

At The Law Offices of Jared Spingarn, we help child injury victims and their families understand how much compensation they should seek, how to manage those funds, and how to ensure that you remain in compliance with the law.

We help fight for our clients.

Jared knows firsthand just how frustrating dealing with insurance companies can prove, especially if the company attempts to dispute liability or deny the compensation your child really needs. You want the best for your child, including maximum compensation to pay your child’s medical bills or plan for future medical costs. We help fight for our clients, increasing the odds that they will recover maximum compensation given their specific circumstances.

Common Hallandale Beach Child Injury Claims

You want your child to have the opportunity to grow and play in a safe environment. However, sometimes, those environments do not offer the safe experience you might have expected. Take a look at some of these common Hallandale Beach locations and how they can lead to child injuries.

Playground/Park Injuries

Playground equipment offers a chance for your child to run, jump, slide, and climb, all in a controlled environment with a lower risk of injury. Hallandale Beach offers a wide range of parks where children can play, including Joseph Scavo Park, B. F. James Park and Pool, and Gulfstream Park.

While all of those locations offer amazing convenience for parents and children alike, they can also pose a serious hazard when park owners fail to properly maintain playgrounds. Broken or dangerous playgrounds can result in fall injuries, severe lacerations, broken bones, and even traumatic brain injury.

Pool Accidents

From B. F. James Park and Pool to hotel pools, swimming pools throughout the Hallandale Beach area offer a great way to beat the heat and cool off during the hot summer months. Unfortunately, they can also pose an unexpected danger for your children.

Some pools, due to poor maintenance, can increase the risk of and near-drowning. The latter may result in long-term consequences for your child, including brain injury due to lack of oxygen during the accident.

When pools fail to complete the maintenance needed to reduce the risk of injury to children, including properly securing pool locations so children cannot get into them easily without permission, the pool owner or manager may bear liability for child injury resulting from that inattention.

Pedestrian Accidents

Hallandale Beach offers several walking trails, including Stanley Goldman Memorial Park, Hollywood Beach-Boardwalk, and trails through the Atlantic Greenway. While those trails offer a great deal of convenience, including the ability to move throughout much of the Hallandale Beach area, in many areas, they cross over local roads, which can pose an accident risk to children.

Children may also have a higher risk of suffering accidents as pedestrians on or near major roadways, whether walking through their neighborhoods or walking to a popular destination from the nearest parking lot.

Negligent Childcare

When you choose childcare for your children, you expect a high standard of care. Some childcare facilities, however, entirely fail to provide that standard of care for the children they look after. Negligent daycare providers may fail to properly change your child’s diaper, feed your child, or even supervise your child. Unsupervised children can end up with serious injuries, including broken bones, lacerations, and major bruising.

Motor Vehicle Accidents

Children involved in auto accidents may suffer more serious injuries than the adults in the vehicle, especially if they do not have adequate child restraints, or the adult who loaded them into the car did not properly secure car seats. Motor vehicle accidents can lead to broken bones, spinal cord injuries, severe lacerations, or traumatic brain injury. Often, children involved in motor vehicle accidents suffer injuries that can lead to lifelong consequences.

Hotel Accidents

Visitors to Hallandale Beach often stay in local hotels, where guests expect their children to have a safe environment for family vacations. Unfortunately, some hotels fail to take adequate precautions to protect their youngest visitors. Hotel room injuries may include electrocution, broken bones, swimming pool injuries, or elevator injuries, all of which can permanently impact a child’s future.

Who Bears Liability for Child Injuries in Hallandale Beach?

At The Law Offices of Jared Spingarn, we will work to identify all parties that share liability for the injuries your child sustained in a Hallandale Beach accident. We start by asking several important questions, discussed in further detail below.

Who bore a duty of care to your child at the time of the accident?

Your claim starts by establishing who bore a duty of care to your child at the time of the accident: not just your child’s immediate caregiver, who bore responsibility for watching your child and preventing potential dangers, but also anyone else who bore a general duty of care to your child at the time of the accident. For example, drivers bear a strong duty of care to others using the road, including children in their parents’ vehicles or pedestrians at the side of the road. In neighborhoods or near schools and parks, drivers should slow down and exercise additional caution to reduce the risk of child injuries.

How did the liable party violate that duty of care?

The hotel where you stayed offers a crib for your child to use during your stay, but it suffered damage that results in serious injury to your child. The park where your child played failed to properly maintain its equipment. A driver sped through the neighborhood, well over the speed limit, at a speed that would make it impossible to avoid children playing in the street. All these individuals clearly violated their duty of care to the children who might use those areas.

How did that violation lead to your child’s injuries?

For parents, seeing your child come close to a severe injury can prove incredibly frightening. However, if you identify a potential hazard before it seriously injures your child, you may not have grounds to move forward with a claim. For example, if a driver speeds through your Hallandale Beach neighborhood, but your child remains safe in your yard, you do not have the right to pursue a claim against that driver—though you certainly have the right to report offenders who regularly speed through the neighborhood to the police. On the other hand, if that speeding driver strikes your child as he plays in the street on his bike, you may move forward with a claim.

What Compensation Can My Child Recover for Injuries Sustained in a Hallandale Beach Accident?

The compensation recovered through a child injury claim can offer many benefits to your family. First and foremost, it can help cover your child’s immediate medical expenses and care, which could prove a substantial financial burden to the family. Second, it can help prepare your child for future financial challenges. In most cases, you can claim these elements when you file a child injury claim in Florida. Keep in mind that, while you can use the funds from a personal injury claim to help pay for your child’s medical bills or to pay for care for your child, you should only use those funds for your child’s expenses, not yours.

Your Child’s Medical Bills

Keep track of all medical bills your child has accumulated due to their injuries. Make sure to include all medical costs, from the emergency room visit immediately after the accident to ongoing treatment or procedures your child requires to recover from his injuries.

Your Child’s Future Medical Bills

Child injuries can prove, in some ways, more complex than adult injuries. While children may heal more quickly from certain injuries, other injuries, including brain injuries, can leave a lifelong impact on your child’s development and body. An attorney can help calculate potential future or ongoing medical bills that you need to include as part of your claim.

Lost Earning Potential

Sometimes, children may suffer injuries that can permanently prevent them from working or that may limit the professions they can choose. Older children may already have made progress toward their career goals and aspirations. As part of a Hallandale Beach child injury claim, you can include compensation for your child’s future lost earning potential.

Pain and Suffering

Severe injuries can lead to substantial pain and suffering for your child, and a young child might not understand the reason behind that pain. As part of your claim, you can include compensation for the suffering your child has faced.

Hallandale Beach Child Injury FAQ

Parents take every possible precaution to protect their children from harm. Minor cuts and scrapes are an ordinary part of childhood. However, sometimes children are seriously injured due to someone’s negligence.

Child injuries devastate the family and often cause financial distress. Unintentional injuries are the leading cause of death for children and youth aged one to 19 years and the third leading cause of death for infants under a year old. In a recent year, 7,444 children and those younger than 19 died from unintentional injuries.

Unintentional injury is also the leading cause of death among Florida children under the age of 19, according to the Florida Department of Health (DOH). Approximately 17.1 percent of the Hallandale Beach population is under the age of 18. Florida emergency room doctors treat hundreds of thousands of children for injuries in a typical year.

What are the common causes of childhood injuries in Hallandale Beach?

Everyone suffers accidents and injuries, but some injuries, such as playground injuries, dog bites, or defective product injuries, are especially likely to happen to children.

The dangers vary depending on the age of the child. For example, the risk of suffocation and drowning is substantially higher among babies and young children. However, older children are more susceptible to sports-related injuries.

Common causes of childhood injuries include:

Car accident claims. Children are frequently hurt or killed in car accidents. According to the CDC, motor vehicle crashes kill more children in the U.S. than anything else. In the United States, approximately 800,000 children are injured each year in car accidents, and more than 800 children are fatally injured.

Florida law requires that children under four years must ride in a federally approved child restraint seat. In addition, the law requires a federally approved child restraint seat, integrated child seat, or booster seat for children ages 4 to 5 years old.

Unfortunately, too many Hallandale Beach drivers fail to obey traffic regulations, stop behind school busses, or slow down in school zones, causing tragic accidents.

Premises liability claims. When a person, including children, is injured on another person’s property due to a hazardous condition of the land or building, they may have a premises liability claim. Property owners generally owe a duty of care to all who are lawfully on the property to ensure the site is reasonably safe and free from known or knowable hazards.

If a property owner knows of a hazardous situation, they must take action to fix it or warn others. When children are on the property, a property owner owes them a more significant duty of care than adults in the same situation, even if the children are trespassing. If the owner knows or should know children may be present, they must warn them of any hazards.

Moreover, the doctrine of attractive nuisance may apply to child trespassers who are injured on someone else’s property. An attractive nuisance may constitute an unsecured swimming pool or construction site.

Park and playground accidents. Although intended for children, playground equipment and carnival rides may be dangerous. Children may find playground equipment in places such as schools, parks, daycare sites, amusement parks, and fairs. Swings and climbing structures cause many injuries. In addition, rides in areas such as carnivals and water parks may be dangerous due to breakdowns, inexperienced operators, or design defects.

Defective products. Companies must ensure the product is reasonably safe for its intended use, especially for products meant for children. For example, an estimated 250,000 children are treated in U.S. emergency rooms every year for toy-related injuries. Products may be defective due to design flaws, manufacturing mistakes, failure to warn, or improper age marketing.

Although manufacturers may recall dangerous products, the recall typically only happens after there are many reports of injured children.

Common products that may pose a danger to children include:

  • Cribs and bassinets
  • Child car seats
  • High Chairs
  • Strollers
  • Pacifiers
  • Clothing
  • Bicycles

Pedestrian accidents. In a recent year, pedestrian accidents among children resulted in 296 total injuries per week, including seven fatal injuries per week. Florida was one of four states with the highest risk of pedestrian death among children.

Young children are very active and impulsive. They move quickly, and it may be hard for someone driving a vehicle to see a small child, especially when backing up. Drivers may hit children in school zones congested with students, parents, and busses.

A driver may run through a stop sign, fail to yield, or disregard the instructions of a crossing guard. However, as children grow, the risk of a pedestrian accident grows with them. Children aged 12 to 19 were at three times greater risk of pedestrian death than younger children, particularly if they were walking in areas such as rural roads or areas without a sidewalk.

Bicycle injuries. Among children ages five to 14, over 70 percent routinely ride bicycles. Head injury is the leading cause of death in bicycle crashes and is also a leading cause of permanent disability.

Approximately 90 percent of all bicycle-related fatalities are the result of a motor vehicle crash. Collision with a motor vehicle increases the risk of death, the severity of the injury, and the probability of sustaining a head injury.

Child drowning and near-drowning. Children aged five and younger frequently drown. Drowning is the leading cause of death of children ages one to four years in Broward County. In a recent year, there were 2,041 drownings and 356 of them were children under five.

Nationwide, one in five drowning victims is ages 14 and younger. In 90 percent of drownings, a child wanders out of the door and into the water with nobody noticing. In some cases, a defective pool drain sucks a child under, and they drown. Even in a near-drowning incident, the child may suffer life-altering injuries.

Dog bites. There are over 11 million dogs in Florida. Unfortunately, 72 percent of all dog bite victims are children. Florida Statutes 767.04 holds dog owners liable to anyone injured if their dog bites, regardless of whether the dog has previously shown aggressive tendencies. Posting a sign warning of a vicious dog may limit the owner’s liability, but not if the injured child was under the age of 6.

Medical malpractice. The effects of medical malpractice can be traumatic and long-lasting. It is a complex area of the law. However, if a healthcare professional fails to meet the accepted standard of care, they may be liable for harm to a child.

What is the basis for a child injury lawsuit?

Florida law provides that a child has the right to compensation for damages sustained as a result of someone’s negligence.

Claims can arise under a variety of legal theories and Florida laws, such as negligence, premises liability, and product liability. Personal injury lawsuits for minors are complex, partly because in some cases there are special procedural requirements.

Because they are under the age of 18 (and not emancipated), a minor child cannot pursue a legal claim. Instead, a minor must file their personal injury claim through a legal guardian or a parent. In some instances, the law also provides for judicial oversight of settlement agreements on behalf of minor children.

Who must pay for my child’s injury?

A negligent act or omission causes many child injury cases. In all personal injury lawsuits, it is essential to determine who was responsible for the harm that occurred. More than one factor may have contributed to the injury, so there may be more than one responsible party.

Child injury cases often involve a person who was supervising or caring for a child. When supervising a child, the caretaker must pay attention at all times and understand that children may be impulsive.

Potentially liable parties may include:

  • Teachers, staff members, school officials, and administrators, are responsible for ensuring students’ safety, whether in the classroom, the playground, or a field trip. Motor vehicle crashes are the most common cause of bus injuries. However, almost 24 percent of injuries happen as a child is boarding, leaving, or approaching the bus.
  • If an individual or a company designs or manufactures defective products intended for children, such as cribs or toys, they may be liable for a child’s injuries.
  • The owner of a property with an attractive nuisance or other dangerous condition may be liable for the child’s injury, even if the child was trespassing at the time.
  • The owners or those responsible for equipment at amusement parks and playgrounds may be liable for a child injury.

What compensation may I recover in a child injury lawsuit?

Basically, the same types of damages are available for a child as for an adult. Some cases involve damages for both the injured child and the child’s parent(s). For example, parents may seek compensation for medical bills paid on behalf of the child, damages for the parents’ emotional distress, and the injury’s impact on their relationship with their child.

In general, damages for a child injury may include:

  • All medical care, from emergency treatment to long-term care, rehabilitation, and adaptive equipment
  • Possibly lost earning potential, if the injury affects the child’s future employment capacity
  • Loss of function of a body part
  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Scarring or disfigurement
  • If the accident was fatal, the family might have a cause of action for wrongful death.
  • In rare cases, the court may order punitive damages to punish the defendant for egregious conduct.

Is court approval required to settle a child injury lawsuit?

The requirements for settling a child injury lawsuit depend on the amount of the proposed settlement. Courts don’t require approval for a settlement of less than $15,000. In that case, the court generally just distributes the funds directly to the parents or guardians. While court approval is not necessary to have a valid settlement agreement, insurance companies often require court approval before making payments for a settlement on behalf of a child.

If the gross amount of the settlement is more than $15,000, then the parties must obtain court approval. This process involves filing a Petition for Approval of Settlement. When the court approves the settlement, the money goes into an annuity or restricted bank account. Funds are withdrawn for reasonable needs at the court’s discretion.

Typically, the court deems using funds for shelter, medical care, or education as reasonable and necessary. The parent or guardian must act in the best interests of the child.

What is the deadline for filing the lawsuit?

In Florida, the basic statute of limitations for filing a negligence lawsuit is four years from the date of the accident. However, the rule is different when minor children are involved. There is a special rule that allows a child up to one year following his or her 18th birthday to file a lawsuit for personal injuries.

Other statutes of limitations or deadlines may apply in certain cases, such as medical malpractice or claims against governmental entities. Since you can’t easily determine the correct deadline for filing, consult an attorney as soon as possible after the injury. If you fail to meet the appropriate deadline, you cannot pursue a case.

What evidence may support a Hallandale Beach child injury case?

Fighting any court case will require some concrete evidence to back your statements. The evidence can help determine who is responsible, the severity of the injury, and the correct amount of damages. Strong evidence builds a strong case, so it is important to collect and preserve as much evidence as possible.

Evidence may include:

Damages: Negligence alone is not enough. You must be able to prove damages to obtain full and fair compensation.

To begin, keep copies of all of your child’s medical records and bills, including emergency services, surgical and hospitalization bills, rehabilitation, adaptive devices, and mental health services. In addition to medical costs, you may have lost income while caring for your child or taking them to appointments. If your child had a part-time job, they may also be able to claim lost wages.

Pictures: Today, many public places have surveillance cameras, which may provide valuable footage of the accident. However, over time, the footage may be erased or taped over. Also, if possible, take pictures of the scene of the accident and your child’s injuries.

Witness statements: If anyone witnessed the accident, be sure to obtain their contact information. Witnesses may be difficult to locate later.

Keep a journal: The consequences of the injury may last a long time. It is easy to forget important details concerning the ways the injury has affected your child’s life and yours.

Avoid social media: Try to avoid posting comments or photos about your child’s injury on social media. Posts about the incident may be detrimental to your case.

A child’s injury can be devastating for the child and their whole family. If your child was seriously hurt, consult an experienced, zealous Hallandale Beach child injury lawyer at the Law Offices of Jared Spingarn.

Retain a Trusted Hallandale Beach Child Injury Lawyer Today

Any time your child suffers severe injuries due to the negligence of another party, you may have the right to file a personal injury claim, which can help your family pursue compensation for those injuries. Reach out to The Law Offices of Jared Spingarn today at 1-866-HIRE-JARED or fill out our contact form for your free consultation.

Hallandale Beach Personal Injury Attorney
Jared Springarn, Hallandale Beach Personal Injury Lawyer

Client Testimonial

★★★★★

“What a great team. Took care of my accident case and got me a very great settlement. Thank you so much to the team for their great efforts and always being transparent with all the information they provided. Highly recommend they will take care of you like family.”

-Robert P


Hallandale Office:
2500 E. Hallandale Beach Blvd., #808
Hallandale Beach, FL 3309