Did your child suffer an injury due to someone else’s negligence or recklessness? From dog bites and playground incidents to unsafe conditions in public places and more, these incidents can have lasting effects on the overall health and well-being of children.
The impact of an injury of this nature can be profound, and it’s not uncommon to feel overwhelmed. We understand that these circumstances can feel emotionally and financially draining, but a child injury lawyer in Bokeelia can help you hold the at-fault party accountable.
Your child did not deserve to be the victim of someone else’s carelessness. Let a Bokeelia personal injury lawyer pursue justice on your behalf. At Viles & Beckman, we have more than 40 years of combined experience, and we’ve recovered over $100 million. We’re here for you.
Common Causes of Child Injuries in Bokeelia
Located on Pine Island in Lee County, Bokeelia offers a coastal lifestyle with abundant outdoor activities for families and children alike. However, alongside the natural beauty and recreational opportunities lie inherent dangers.
These are common causes of child injuries in the area:
- Swimming pool and water-related accidents: Florida reports some of the highest rates of childhood drowning in the country. In Bokeelia, the abundance of private pools, canals, and access to beaches means these incidents are a tragic reality. Pools lacking proper fencing, gates, or alarms often contribute to these accidents.
- Playground injuries: Local parks and nearby schools provide spaces for children to play, but injuries can occur due to poorly maintained equipment, unsafe surfacing, or inadequate supervision. Falls, fractures, and head injuries are examples of frequent playground-related harm.
- Automobile accidents: Children may be passengers in motor vehicles, pedestrians, or bicyclists involved in traffic accidents. Failure to properly use child safety seats or seat belts—in addition to negligent driving behaviors, such as speeding or distracted driving—can seriously increase the risk of major injuries.
- Bicycle accidents and pedestrian injuries: With many families going for bike rides and walking in the area, accidents like these are not uncommon, especially when crosswalks are insufficient.
- Defective products: Toys, car seats, cribs, and other products made for children can cause injuries when manufacturing- or design-related defects are present. This is also true in cases where adequate warnings were not provided or were not in place.
- School and daycare injuries: Injuries arising in institutional settings—like schools and daycare centers—often result from a lack of supervision, unsafe premises, bullying, or delayed response to medical needs.
Expect More, Receive More: Legal Support That Feels Like Family
Legal Foundations of Child Injury Cases in Florida
Injuries to children caused by the negligence or intentional actions of others can form the basis of a personal injury lawsuit. However, your Bokeelia child injury attorney will make sure you adhere to the following legal standards and procedural requirements.
Negligence and Duty of Care
Negligence is the foundation of the majority of child injury claims. To succeed, it must be shown that the following four factors were true either at the time of the incident or as a result of the accident:
- The defendant owed a legal duty of care to the child who was eventually hurt.
- The defendant breached that duty by failing to act reasonably.
- The breach was the direct cause of the child’s injury.
- The child sustained actual damages as a result of the lack of duty of care.
Statute of Limitations and Tolling for Minors
Florida’s statute of limitations for personal injury cases is two years from the date of the injury. However, when the injured party is a minor, the statute of limitations is tolled—or paused—until the child reaches the age of 18 years old.
This tolling means that the timeline for filing a lawsuit only goes into effect once the child becomes an adult. From there, the child-turned-adult has until they turn 20 years old to take legal action for the injuries they sustained as a minor.
Furthermore, this tolling provision acknowledges that minors may not have the legal capacity or maturity to initiate a claim at that point in their lives. In other words, this law makes sure they have an adequate amount of time and opportunity to seek justice in their own case.
Comparative Fault
Florida follows a pure comparative negligence rule. This means damages are apportioned based on each party’s degree of fault.
For instance, if a child is found partially responsible for their injuries—which is rare, though still possible—the amount of compensation they can receive will be reduced accordingly. As an example, if a child is 25% at fault, any awards in their name would be reduced by 25%.
Damages Recoverable in Child Injury Cases
Damages in child injury cases can be extensive. This is intended to reflect the serious impact that these injuries can have on the lives and futures of children. Here are examples of common damages your Bokeelia child injury lawyer can help you pursue:
- Medical expenses: This includes current costs for hospital stays, surgical procedures, physical therapy, and prescription medications, as well as any ongoing or future care-related needs.
- Pain and suffering: This includes compensation for any physical pain and emotional trauma endured by the child.
- Loss of earning capacity: If the injury impairs the child’s ability to work in the future, damages may reflect this loss.
- Permanent disability and disfigurement: Compensation for lifelong impairments or scarring might be available in your child’s case.
- Loss of enjoyment of life: Child injury attorneys in Bokeelia can help you pursue damages for the diminished ability to participate in normal childhood activities.
- Parental damages: In some cases, parents may recover damages for loss of consortium or the emotional toll caused by their child’s injury.
Contact Our Child Injury Law Firm in Bokeelia Today
If your child was injured in an accident caused by someone else’s negligence, please know that you don’t have to go through this alone. These cases can be deeply emotional and financially overwhelming, but you don’t have to face them all by yourself.
Instead, reach out to Viles & Beckman to speak with our Bokeelia child injury attorneys. We’re here to support your family, protect your child’s legal rights, and help you fight for accountability on behalf of your child. Call us today so we can start working on your case right away.