Articles Posted in Child Injuries

We all want our kids to be safe from harm. This applies to the home where they live, areas where they play, and most assuredly at school where they learn. It feels like an especially large breach of trust when we think that they may have been the victim of an increasingly alarming problem at many schools across the nation: sexual misconduct/assault.

This at times might feel like fear mongering, taking something extremely rare and using it to capture public attention, but unfortunately in recent years the problem has been identified at more and more schools.  Most teachers and school administrators are upstanding people who dedicate their lives to helping children learn and grow and ardently look out for them when they are in their care. However bad actors among them, along with fellow students, are frequently in positions where they can violate the trust given to them by unsuspecting parents.

K-12 programs are not required to track or report cases of sexual assault to the federal government, so finding nationwide numbers can be difficult. Luckily, in California K-12 schools are required to report sexual assault and battery incidents, and recent statewide reporting (from the associated press survey of state education departments) shows that over the last 4 years almost 5,000 such incidents were reported!

Under California law, the death of a fetus isn’t the same as a fully developed person dying. As such, rather than it being a case of wrongful death (like it would have been had the person been born) it is instead a case of emotional distress -compensating you for all the hurt and loss that was described above. Because of this distinction, these cases can be much more difficult to litigate and so require a skilled attorney to look at all the facts and hold the right people accountable.

In order to prove the case, it is extremely important that you seek out a medical professional and have that person diagnose your suffering as being adequately severe and connected directly to the miscarriage and causally to the accident which likely precipitated it. This is what creates “causation” in the eyes of the court – a legal requirement for getting financial relief- through showing that “more likely than not” the accident caused the miscarriage and had the accident not happened the pregnancy would have resulted in a birth, and the emotional distress you endured would have been prevented. This means that the closer you were to a live birth, the easier it will be for the court to make this determination. For this reason, first trimester miscarriages are more difficult to litigate than pregnancies that are further. The closer you are to giving birth, the easier it is for your attorney to show that in your case the miscarriage was “proximately caused” by the accident (meaning it was a direct result of the accident) and otherwise would not have happened.

This can get tricky, as some doctors don’t want to get involved in this type of legal cases or are unable to give good testimony that will actually help. In situations like this, it is more important than ever to have an attorney who has relationships with skilled doctors who know not only how much someone suffers when they lose a child like this, but can draw accurate connections between that pain and the person(s) who cause an accident resulting in a miscarriage like the one you suffered.

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Every parent knows the feeling of dropping their child off for their first day of preschool, nursery school, or daycare. Overcome with worry, we entrust the well-being of our children to childcare facilities and their staff. Most of the time, our trust is well placed. Everything is usually fine, and our kids learn how to interact with others, do arts and crafts, and get to play outside. Unfortunately, sometimes our children are injured while at child care facilities. These injuries typically consist of a scraped knee or a bump on the head, nothing that can’t be chalked up to “child’s play”. Sometimes, however, these injuries are serious, life-changing, and were preventable. In this article, we discuss what you need to know if your child is seriously injured while at a child care facility.

1. Get your child immediate medical attention. 

If your child is injured, the most immediate concern is his or her safety. This means that if the child care facility did not already get medical treatment for your child, you need to do so right away.  This is especially true for head injuries, where a child may have a concussion and the symptoms may not be apparent right away. Make sure that proper diagnostic imaging is performed at the urgent care or hospital.