Child injury always alarms us. When the injury is caused by an accident, it is frightening enough, but what if there is reason to believe the injury was caused by negligence, abuse, or neglect? Read on to learn how to determine when to call a WV child injury attorney.

A WV Child Injury Attorney May Be Needed When…

When your child is hurt you may feel helpless. No one wants to see his or her child in pain. The feeling may be worse if the injury had been preventable and was caused by someone else. In those situations, you need an experienced child injury attorney to explain what can be done for you and your child.

When a Child Injury Is Due to a Preventable Accident

Child injuries occur all too frequently.

According to the Centers for Disease Control and Prevention (CDC), unintentional injuries—such as those caused by burns, drowning, falls, poisoning, and car wrecks—are the leading cause of death among children in the United States.

The latest data compiled in the CDC Childhood Injury Report: Patterns of Unintentional Injuries Among 0-19 Year Olds in the United States found the following:

• On average, over 12,000 children die each year in the U.S. due to an unintentional injury.
• The death rate for males is almost double the rate for females.
• Car accidents are the leading cause of death among children.
• Emergency departments treat 9.5 million children each year for an unintentional injury.
• Every year, nearly 3 million children visit the emergency room after a fall.
• Suffocation is the leading cause of death for infants.

Even though an injury may not be fatal, it may still have life-lasting consequences for a child’s developing body and mind. Burn injuries and dog bites can cause permanent scarring and disfigurement. Children may suffer permanent brain damage from near-drowning, falls, and automobile accidents, resulting in a significantly reduced quality of life. Emotional trauma also often occurs from accidents. This trauma may be short-term, or it may impact injured children for the rest of their lives.

When Child Injury Is Due to Abuse or Neglect

West Virginia takes child injuries very seriously, and there are many federal and state laws in place to protect children against both abuse and neglect. The Child Abuse Prevention and Treatment Act, CAPTA, was signed into law in 1974 and continues to be updated and revised to better serve children.

West Virginia’s services ensure children are developing as they should until age three. This is important because a delay in development is an important indicator of a child’s well-being.

In addition, establishes the West Virginia Child Fatality Review Team and the Infant Mortality Review Team to monitor and analyze trends in child deaths so they can quickly be acted on.

Any child injury should be taken seriously whether due to an accident, abuse, or neglect, and West Virginia law provides a solid foundation for legal claims when injuries are caused by abuse or neglect. Never hesitate to call a WV child injury attorney if you suspect child abuse or neglect has injured your son or daughter.

You may learn more about child fatalities that result from abuse and neglect in West Virginia in this report.

When to Call a WV Child Injury Attorney

Caregivers, manufacturers, and business owners can be held responsible for a child’s injury if it is due to their negligence. Whether due to a car accident, a fall  on public or private property, an animal bite, or abuse or neglect, the prudent decision is usually to consult with a WV child injury attorney who is well-versed in federal and state laws that come into play in these types of cases.

The first question to ask when considering filing a lawsuit for child injury is whether the accident was caused by the action or the inaction of another party. An adult may have allowed a child to engage in a dangerous activity or to play in an area that is unsafe, or he or she may have failed to monitor the child adequately.

Contact by phone at 304-292-2020 or via our convenient online form. We’ll provide a free case evaluation and ensure you always know where your case stands. But don’t delay—West Virginia law has strict time limits on when suits may be filed, and if a deadline is missed, you may lose the right to bring a claim.