From the time a child can crawl, they will be prone to bumps, bruises, scrapes and sometimes a sprain or broken bone. The source of these injuries is usually an innocent mishap, with the child returning to full health in a fairly short amount of time.
Despite a parent’s best efforts to protect their child, there are tragic instances when children are critically or catastrophically injured. Theses injuries may be caused by an innocent accident, someone else’s negligence or a defective product.
Many of the attorneys and employees at our law firm are parents. We understand a parent’s never-ending desire to ensure their children are protected and safe. The reality is that it’s impossible to watch over our children every second of the day.
Regardless of cause, serious child injuries can take an emotional and financial toll on the family. If your child has been seriously injured, through no fault of their own, it may be possible to hold the responsible parties legally accountable.
We believe that the costs associated with hiring a lawyer shouldn’t prevent any serious child injury victim from obtaining sound legal counsel. Because of this, our law firm handles all child injury claims on a contingency fee basis. This means there are no out of pocket expenses and you only owe attorney’s fees if we settle your claim or win a favorable verdict in court.
In any personal injury claim, regardless if it involves an adult injury or child injury, the most critical aspect is being able to prove negligence.
In personal injury legal terms, negligence simply means that someone acted in an unsafe or reckless manner and their actions created an unreasonable risk of injury or death to those around them.
However, negligence is just the beginning. In order to have a viable claim for your child’s injuries, you must prove the following four things:
Duty of Care – To file an injury claim on behalf of your child, the defendant must have owed them a duty of care. When your children are in someone else’s care, such as a school, daycare, after-school program, summer camp, etc.., they are owed a duty of care. Doctors, hospitals, school bus drivers and toy manufacturers would also owe your child a duty of care.
Breach of Duty – Once the defendant’s duty of care has been established the next step is to prove that they breached or failed to honor their duty of care to your child. A teacher failing to watch your child while they jump from the top of a slide or a bus driver that is texting while driving children to and from school would both be examples of a breach of duty.
Cause – The third step in your child injury claim process is to prove cause. In simple terms, you must prove that someone who had a duty of care, failed in their duty and your child was seriously injured by their negligent actions. Even if your child had a pre-existing condition, but that condition was worsened by the injury, you may still have a claim.
Damages – Under Florida law, your child’s injuries must meet a medical threshold to be eligible for compensation. To meet the threshold, the injury must include, significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement or death.
There’s a reason that our reputation precedes us: our 25-plus year history in Sarasota has garnered us some of the top reviews in the area, from both peers and clients alike. If you are in need of an experienced law firm, with personalized service and a desire to win your case, we’re here for you. Read on to learn more about the key reasons why the law offices of Lutz, Bobo & Telfair, P.A. are considered one of the premier civil trial law firms in Southwest Florida.
We are a Martindale-Hubbell AV rated law firm, the highest possible rating for legal ability and ethical standards. With over 300 years of combined legal experience at our firm’s disposal, we have a vastly experienced knowledge of the legal system.
We believe that when you hire an attorney, you should be able to communicate directly with that attorney. At Lutz, Bobo & Telfair, P.A., you’re never treated like a number. We work hard to understand the specifics of your situation and to craft a compelling legal strategy to fight for the best outcome for you.
Our law firm has recovered millions and millions of dollars in jury verdicts and settlements for our clients. While we don’t guarantee results, we do promise to work tirelessly towards the best possible outcome for you.
Experience and skill are meaningless without the passion to succeed. Our law firm takes pride in knowing that we’ve done our job by serving our client’s interests well. Our greatest satisfaction comes when our clients take the time to acknowledge their satisfaction with our legal representation, by providing our law firm with a testimonial.