Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Canadian Press recently published an article that contained some interesting information regarding city design, roads, and playgrounds. A city in Canada was compared to a similar city in Sweden. The incidents of child deaths and injuries in Sweden was lower due, in part, to city design, road planning, and playground safety. One important difference is planning for cars or vehicles and planning for pedestrians, bicyclists, and children. You can read more about this topic at Improving Design of Environment Reduces Child Injury and Death.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children (as well as adults) suffer injuries known as traumatic brain injury every day. These injuries can range from the very mild to injuries that can cause brain damage or death. Mild traumatic brain injuries are often referred to as concussions. Symptoms or complications following a head injury can be experienced immediately while some can be delayed. It is important for coaches, teachers, caregivers, parents, and medical providers to be aware of the signs and symptoms of a serious traumatic brain injury so that medical care can be obtained as soon as possible. Dr. Beth Slomine is a specialist at the Brain Injury Rehabilitation Program - Kennedy Krieger Institute based in Baltimore, Maryland. Dr. Slomine offered advice on traumatic brain injuries which included the following:

*Use safety precautions which can help reduce the incidence of brain injuries. Safety precautions include the use of seat belts, child safety restraints, helmets during bicycle and sports play when appropriate, and the use of playgrounds with shock absorbing surfaces.

*Following a head injury, watch out for the loss of consciousness, confusion, nausea, dizziness, weakness, lethargy, visual changed, and numbness. If any of these symptoms take place, get immediate medical attention and follow up.

*Keep a close eye on symptoms that can improve over time OR get worse over time.

*Rest is important after a head injury even after evaluation at an emergency room or after a doctor's visit.

*Avoid a return to at risk activities until the symptoms completely resolve.

Of course, it is difficult for a medical provider to provide advice that fits every situation. If you have concerns about a head injury to a child, get immediate medical attention. See Baltimore Sun Newspaper Article - Traumatic Brain Injuries Can Be Mild or Serious - Advice from an Expert.

Other valuable information and advice is located at the
Brain Injury Association of Maryland Web Site.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The New Hampshire Union Leader website has reported that an eleven year old dirt biker died recently in a crash with a gate on a rail trail. Very few details or facts have been reported regarding this tragedy. It would be important to review the following as part of the investigation:

*What kind of dirt bike was the child riding?
*What was the child's experience with the dirt bike?
*Were there any witnesses to the crash?
*What were the lighting conditions? Weather conditions? Trail conditions?
*What kind of gate was involved? What position was the gate in?
*What was the condition and purpose of the gate?
*Who was responsible for maintaining the gate and the trail?
*Was the child wearing a helmet?

It was reported that a local New Hampshire police department and the State of New Hampshire Fish and Game department are investigating the crash.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A South Carolina girl suffered severe head injuries following a bicycle accident. Unfortunately, she was not wearing a bicycle helmet at the time of the injury. Skyy Nesbitt of Wellford, South Carolina fell off her bicycle and was then taken to Greenville Memorial Hospital Skyy is in a coma from these injuries

Skyy's parents and child safety experts are urging other parents and caregivers to make sure that children under their care wear helmets while riding a bicycle, skateboard, or other similar activities. The National Safe Kids Campaign estimates that head injuries can be reduced by over 80 % with proper use of helmets. According to studies. only 41 percent of children were observed wearing helmets in wheeled sports like biking.

Parents should require their children to wear helmets. Hopefully, children will learn that a helmet must be worn at all times and put on a helmet without even questioning the parent on the matter. Children can develop good habits or bad habits. It is the responsibility of parents to make sure that there children consistently follow the rule - "At all times, I must wear a helmet when biking or participating in other wheeled sports."

I commend Skyy's parents for stepping forward to urge others to use helmets. You can read more about Skyy and the importance of wearing a helmet at South Carolina Parents Push for Bicycle Safety After Accident Causing Head Injuries to Daughter.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By Scott Soutullo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Alabama and other states, roads are filled with teenage drivers. It is a big responsibility to get behind the wheel of a car. The teen driver is not only responsible for his or her own safety but also the safety of the passengers, other drivers, pedestrians, and bicyclists. An automobile is a "dangerous instrument" that can and does cause wrongful death and personal injuries on a daily basis. In Alabama, one out of every eight teenage drivers in an automobile accident according to 2007 statistics. This amounts to 30,000 teens out of 250,000 teens according to the Alabama Safe Teen Driving Coalition.

Tragically, over 4,500 teens ranging from the age of 16 to 19 died in automobile accidents in 2005. Many of these automobile accidents resulted from driver inexperience, poor judgment, driver distraction, and speeding.

You can read more about the dangers and problems of teen drivers in Alabama along with measures to decrease accident related injuries and deaths at Alabama Teen Drivers May Be Heading for Trouble.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Deaths and injuries over a four year time period (2002 - 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, bicyclists are injured every day on or near roadways. Bicyclists suffer serious personal injuries and in some accidents death due to driver inattention, distraction, and / or negligence. In some cases, the driver is subject to criminal prosecution for the wrongful death or personal injuries of the bicyclists. In California, Gaspar Reyes was sentenced to a one year suspended sentence and three years of probation for the death of a bicyclist, Kathy Marie Gienger. Reyes hit Ms. Gienger with a big truck while trying to make a right hand turn. Ms. Gienger was in the crosswalk at the time of the incident. Reyes claimed that he stopped but prosecutors wisely secured the photos that were taken by a nearby ATM at the Safe Credit Union. This photographs taken at 1 second intervals impeached Mr. Reyes' claim that he stopped prior to making the turn.

You can read more about this story at Lincoln California Man Sentences for Bicyclist Death.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 13 year old boy recently died in a bicycle accident at the Plainfield Skateboard Park in Boy, 13, killed in bicycle accident at Plainfield skateboard park in Plainfield, Connecticut. Witnesses informed police that the boy was attempting a move at the top of the ramp when he lost control of his bicycle and hit his head. Unfortunately and tragically, the boy was not wearing a helmet.

A sign at the skateboard park instructed visitors that helmets were required and that bicycles were not allowed. The boy was taken to the William W. Backus Hospital in Norwich, Connecticut where he died.

This incident is truly sad and tragic. It shows the importance of following directions and taking safety precautions.

You can read more about this story at Boy, 13, Killed in Bicycle Accident at Plainfield Skateboard Park.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Hawaii is a scenic State with many bicycle trails. There is plenty of good biking in Hawaii; however there are many areas where bicyclists are injured while biking through winding trails and roads and over high and steep terrain. The Honolulu Advertiser newspaper web site recently reported that a bicyclist was injured near Kaena Point when he crashed into a 20 foot ravine. He may have suffered a fractured limb in the incident. The man was riding with a group of other bicyclist at the time. He was later airlifted via helicopter and then transported over to an ambulance to be taken to a local hospital.

It is unfortunate that the bicyclist was injured. Many bicyclist who are involved in such incidents even lose their lives or suffer permanent debilitating personal injuries.

You can read more about this incident at Bicyclist Injured After Falling into a Ravine in Hawaii.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Christian County (Missouri) Optimist Club hosts an annual event called Safetypalooza. This program promotes bicycle safety to children. The event provides children with important safety lessons for riding bicycle. Every year, children are unfortunately injured while riding bicycles in Missouri and other States. Safetypalooza is an important program that helps prevent serious personal injuries and wrongful death to children who ride bicycles.

Helmets are an important component of this and other safety programs. We recommend that parents start children with helmets and make the wearing of a helmet a good habit that is never optional. Whether the child is riding a bicycle in a driveway or for a long ride, make sure that the child wears a helmet. Serious injuries while riding a bicycle happen in driveways and long rides as well.

You can read more about Safetypalooza at Kids Learn About Bike Safety in Nixa, Missouri.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Medical technology and advances are bringing forth more mobility to children and adults alike. An amazing video shows a 5 year old walking with artificial / prosthetic legs. Some children are born with birth defects while others suffer serious personal injuries as a result of automobile accidents, pedestrian accidents, bicycle accidents, day care injuries, and other types of incidents. Whatever the cause, medical advances cannot simply erase the injuries but can give a child mobility or a better life in order to help cope with the injuries. Watch this inspiring video to see how this 5 year old has been helped with artificial legs. See 5 Year Old Walks with Artificial Legs.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

When a proposed gross settlement is less than $15,000.00 after attorney’s fees and expenses of litigation are deducted, the natural guardian does not need to be appointed as legal conservator but does need to obtain Probate Court approval of the settlement.

In cases where the proposed gross settlement amount is more than $15,000.00, after attorney’s fees and expenses of litigation are deducted, the natural guardian must file a petition with the Probate Court to be appointed as legal conservator and must obtain approval of the settlement from the appropriate court. Determining the appropriate court for obtaining approval depends upon whether the claim is in suit or is being settled prior to filing a lawsuit. If there is no suit pending, the legal conservator must obtain Probate Court approval of the settlement. If there is a lawsuit pending, the legal conservator must obtain the approval of the trial court where the lawsuit was filed.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

The Georgia Supreme Court has held that children age six and under are not capable of contributory negligence. With regard to children between the ages of seven and fourteen, however, the question of whether the child was contributorily negligent is for the jury to decide. The child’s ability to be contributorily negligent when he is between the ages of seven and fourteen will depend on the particular child’s mental and physical capacity. Children over the age of fourteen, however, are presumed to be capable of realizing danger and of exercising the necessary caution to avoid danger. Children over fourteen, therefore, must exercise the same degree of care as an adult.

A Georgia personal injury attorney specializing in injuries to children can advise you about how your child’s conduct might bar or reduce any recovery received for his injuries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What is a vehicle blind zone? What is a vehicle backover accident? Children in all States are at risk for injury or death from vehicle backover accidents. A vehicle blind zone is the area behind a vehicle that a person (the driver) cannot see from the driver's seat. The higher and larger the vehicle - the larger the blind zone.
A vehicle backover accident refers incidents where a person is run over by a vehicle in reverse.

Consumer Reports produced some informative videos on its web site at Blind Zones and Backover Accidents to illustrate the dangers of blind zones and vehicle backover accidents. Another organization (www.kidsandcars.org) has done a good job of educating and warning parents and others about the dangers of blind zones and backover accidents.

All drivers should make sure to survey the area behind their vehicles before getting in the car and before backing up. Children should be instructed and kept a safe distance from the vehicle. Drivers should back up slowly as well.

Drivers should take these basic safety precautions which can save a child's life and help avoid serious personal injuries to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Distracted and negligent drivers cause accidents every day in various States. Many safety groups, parents, and child safety advocates would like to see laws banning the use of cell phone / mobile phones while driving. These proponents of changes in the law of many States believe that the banning of cell phone / mobile phones will lead to a decrease in distracted drivers as well as automobile accidents and trucking accidents with related personal injuries and wrongful deaths.

You can read more about this story at National Safety Group Looking to Ban Use of Cell Phones for Drivers.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia, a parent can be held liable for the negligence of a child driving an automobile that is maintained by the parent for the use and convenience of his family. If the parent, as the owner of the car, has given permission to his child to drive the car and has relinquished control of the car to the child then the parent can be held liable for injuries caused by the child as long as the child was in the car when the accident occurred and the car was being used for a “family purpose.”

The Georgia General Assembly passed a law designed to increase driving safety by teenaged drivers. All parents of Georgia teenage drivers need to be aware of “Joshua’s law,” which took effect on January 1, 2007. Joshua's law came about after a tragic accident that resulted in the personal injuries and wrongful death of Joshua Brown. Joshua’s parents, Alan and LuGina Brown, realized that the accident could have possibly been avoided if the boy had had proper training and known what to do in such a situation. Under Joshua’s law in the State of Georgia, all sixteen year olds applying for a driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving with a parent or guardian’s sworn verification that these driving requirements have been met. If a sixteen year old has not completed the approved driver education course, then he must wait until the age of seventeen to obtain a driver’s license. Even then, the seventeen year old driver must complete the 40 hours of supervised driving. Six of these 40 hours must be supervised night driving. For more information about these driving requirements, you can go to the Official Georgia Website at Educational Requirements for Teenage Drivers in Georgia.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Derby, Connecticut, an 11 year old boy had just received his first new bicycle for Christmas. It was a BMX style bicycle, with grinding bars and front handle bars that could spin completely around, allowing for all sorts of cool tricks. A special brake mechanism allowed the handle bars to spin completely around so that riders could perform “extreme” tricks while the front wheel is off the ground, such as a “bar spin.” Unfortunately, when the bicycle was assembled at the store that sold it to the boy’s mom, the brake cables were not properly attached to the discs above the wheel and below the handle bars. A few days of riding and the boy was ready to try some jumps with his friends. On his first jump, he flew only a short distance, but when he tried to stop the bicycle with the front brakes, nothing happened! The fence that loomed just ahead was too close for him to avoid, and he struck it head on. On impact, the boy’s body moved forward off his seat, striking the base of the handle bars, where the brake discs, hard steel plates, were located. This impact caused serious personal injuries: a severe laceration of the boy’s penis and scrotum, requiring immediate hospitalization, surgery and anti-biotics. A lawsuit was filed against the manufacturer, the toy store and the company that assembled the bicycle for the store.

When buying any children’s toy, it is important to know how it is to be properly used. Just as important, you should always check to ensure for yourself that the bicycle is working properly before allowing a child to ride it. And remember, child bicycle helmets are not only a good idea, in many states, they are a requirement. Connecticut Law requires that children 15 and under must wear an approved bicycle helmet whenever they ride.