According to the Centers for Disease Control, 3.4 million children receive injuries in houses.
Often those injuries can occur at a neighbor’s residence and be serious. Among the common causes are falls, dog attacks and playing with dangerous objects.
In addition, often children are victims of what is known as an attractive nuisance. Children become easily fascinated. The classic example is the brightly colored swimming pool. It can “lure” children to the neighbor’s property.
Of course, the parents’ instinct is to obtain immediate help for the injured child.
However, parents must also be concerned if their child’s injury could have been prevented. The issue is: Is the neighbor negligent? That is, were conditions in the house unsafe or, as the old saying goes, “an accident waiting to happen.” The condition could have been as simple as a sharp knife within the child’s reach. Or, as complex as uneven stairs.
Parents owe it to their child and the safety of all others who visit that house to determine negligence. That requires four documentation steps. Parents must take them simultaneously when getting aid for the child or soon afterward. They are:
- Photograph the child’s injuries, including from different angles. Since digital ones tend to be the clearest, use a smartphone.
- Take multiple photographs of what might be called “the scene of the crime.” This should be done immediately. The neighbor might not allow parents inside the property later. Moreover, there could be attempts to cover up negligence. For example, the neighbor later puts a gate around the pool.
- Monitor and record the child’s emotional states. The injuries could include emotional trauma.
- Do not discuss any aspect of this injury with the neighbor. As one hears continually on television shows, “anything you say can and will be used against you.” For instance, in shock, parents may blurt out, “Well, Johnny is clumsy.” That single statement can undermine or reduce the compensation in a legal action.
Negligence is a complex legal matter. In addition, the amount of reimbursement for medical bills, financial provisions for long-term care and damages for pain and suffering are also complex. Parents should seek the guidance of a lawyer.
If you believe your child has been injured by negligence in a neighbor’s house, let the skilled attorneys at Petro Law Firm help. Contact them now at 205-327-8311 or Mark@PetroLawFirm.com.
Why auto Accidents are Especially Dangerous to Those With Existing Medical Conditions
In Alabama, reports Drive Safe Alabama, an auto accident injures a person every 11 minutes.
Those involved in the crash may not even realize they have been injured. Frequently shock triggers the release of endorphins. Those morphine-like hormones can block the sensation of pain and emotional distress. Therefore, the victims do not feel the need to be “checked out” by medical personnel.
That is not only dangerous. It could be fatal, soon after the accident or in the long-term.
Among the reasons why is that whatever blows the body-and-mind-absorbed could worsen existing medical conditions. Essentially, existing conditions are diseases and disorders which were present prior to the accident. Examples include spinal fusion, arthritis, heart arrhythmia and post-traumatic-stress disorder (PTSD).
So, yes, after an accident, victims should seek an immediate medical evaluation at the scene. Following that should be a comprehensive medical assessment at the actual medical facility.
During both of those, they must brief the medical personnel about the existing conditions. That is for two reasons.
One is to receive any appropriate treatment. For example, a history of back trouble might require the body to be immobilized before transport to the hospital. Without that, the injured might wind up paralyzed. That might especially be the case if the crash inflicted added damage to the spine.
Secondly, existing conditions can make the claims for payment of medical expenses by insurance and for reimbursement for pain and suffering more complex. Those at fault could attempt to prove no correlation between the accident and the worsened medical condition.
Therefore, there will be an extensive inspection of medical records. Victims need to have the emergency medical staff provide treatment details. Those records are absolutely necessary. On a continuing basis other healthcare personnel rendering treatment will also have to furnish those.
It is the responsibility of the injured to review those for accuracy. That reaches way back to what had been recorded in diagnosing and treating the initial diseases and disorders. Errors have to be corrected.
Injured accident victims owe it to themselves to have a lawyer guide them through the maze of documentation. It could be financial suicide to deal with insurance companies and defense attorneys on their own.
If you or a loved one have an existing condition you believe was worsened in a car accident, let the skilled attorneys at Petro help. Contact us now for a free consultation 205-327-8311 or Mark@PetroLawFirm.com.