Pediatric Injury

If you are the parent, grandparent or trusted guardian of a child, you know there is nothing you wouldn’t do for that child. That’s why if they are seriously injured, we can feel so helpless. If we could take away the pain and hurt they are feeling, we would do it in an instant. But we can’t change what’s happened in the past.

There is, however, much you can do to make the future brighter for them. If your child has sustained a serious pediatric injury caused by another person’s negligence, you may be able to claim compensation and damages on their behalf. Gluckstein Lawyers has the expertise, experience, and skill to handle even the most challenging and complex pediatric injury cases. 

Severe childhood injuries have effects that can last a lifetime. Acquired disabilities can impact future income earning potential, opportunities to start families, and may require expensive treatments or attendant care. A negotiated settlement or court award for compensation and damages can help secure your child’s future. 

Accidents causing pediatric injuries.

Common accidents.

As resilient as kids can be when they get hurt, some accidents will result in serious injury and/or permanent disability. Some common pediatric injury-causing accidents include:

• Motor vehicle accidents - single or multiple vehicle accidents where children are passengers, cyclists, or pedestrians. Defective car seats can be an additional source of injury.
• Slips, trips and falls - hazards on the ground leading to slips or trips; falls from playground equipment or unsafe environments. Falls are the most common form of injury for children and youth.
• Drowning - inattention or dangerous activities leading to drowning in bathtubs, pools, or natural bodies of water.
• Suffocation - hazardous materials blocking airways, strangulation from unsafe environments, choking on food. Infants and toddlers can suffocate from Sudden Unexpected Infant Death Syndrome (SUID - previously called SIDS) and from things like bouncers, car seats and swings (particularly if routinely used for sleep) or cribs.
• Poisoning - poisonous or hazardous materials (often household cleaners or medicine) left unattended, or improperly handled food.
• Burns - chemical burns, electrical burns, open flames, extreme heat. Younger children are burned most often from hot liquids or steam, while older children are burned most often from direct contact with flames.
• Wounds and infections - dog bites can seriously injure or disfigure a child and result in life-threatening infections in rare cases.
• Medical malpractice - children may not be able to express themselves as clearly as adults or advocate for themselves when something feels wrong after medical treatment. Delayed diagnosis, surgical errors, wrong medications, and other problems can occur if a medical provider is negligent in their care.
• Violence - domestic violence, acts of violence by strangers, school yard fights.

Where do these accidents occur?

An injury-causing accident can occur anywhere. But, if your child is in the care of someone else or at another person’s property and is owed a duty of care or expectation of reasonable safety, that person may be liable for the child’s injuries due to negligent action or inaction.

• Accidents in your own home - as the owner/occupier of your home, you are responsible for keeping it reasonably safe for your own child and for those visiting your home. However, if your child is being minded by someone else and their negligence leads to injury, they may be liable. Moreover, if the injury is caused by a defective product in your home, the manufacturer or distributor may be liable.
• Daycare accidents - licensed or unlicensed childcare centres owe their clients a duty of care. If your child’s injury was caused by an unsafe environment or inadequate staffing (inappropriate child-to-staff ratio, staff not properly trained, etc.), you may be able to make a claim for injuries.
• School accidents - children spend many of their waking hours at school. Although most schools have stringent safety procedures in place, accidents can still happen. Injuries caused by slip, trips and falls in the school or school yard, school bus accidents, violence from fellow students or staff.
• Sports accidents - organized sports and leagues provide excellent opportunities for children to work off excess energy and learn about good sportsmanship. But if they sustain an injury due to unsafe equipment, improper training, or other negligence, you may be able to advance a claim for liability. Sports-related concussions can be especially serious to a child’s development even if they appear to be mild initially.
• Summer camp accidents - whether at local day camps or sleep-away camps, children often enjoy socializing with peers, doing activities and learning new skills during the summer break. But traumatic head injuries from falls, water-sports accidents, near drownings, horseback riding falls, burns, or other injuries may occur if safety is lax or if supervision is absent or negligent.

What should I do if my child has been injured?

If you are present when your child’s injury occurs, your first responsibility is always to ensure there is no further immediate danger to them or you. Seeking immediate medical attention from first-responders or a visit to a doctor or emergency department is advised. Some injuries, such as traumatic head injuries (concussions) or internal bleeding, may not be apparent at first, but are serious and require prompt assessment and treatment.

If possible, you should try to take photos or video of your child’s injury and the scene of the accident. Record any pertinent information such as names and contact information of witnesses, details of what happened, and anything else that could help in a future investigation. 

Contact a pediatric injury lawyer as soon as possible following the accident to learn important information about your rights. In some circumstances, the time required for you to notify the potentially liable entity about a claim can be limited to days. 

Trust a law firm with expertise in pediatric injuries.

Your child, you and your loved ones may be feeling devastated following an injury-causing accident. The emotional toll of such a life-altering incident, combined with the physical pain your child may be experiencing, can be overwhelming. At a time when you may be feeling angry, sad, vulnerable and/or traumatized, speaking with someone about what happened can be extremely difficult.

When you contact Gluckstein Lawyers, you can count on us to answer with the empathy, compassion and sensitivity you deserve. Our team includes people whose own children have sustained birth or pediatric injuries. We will listen attentively to your story, answer any questions you may have, and offer some options about what your next steps could be.

Remember, being able to access justice for your child should never depend on your personal finances or ability to pay. Gluckstein’s pediatric injury lawyers will only be paid if we help deliver a settlement or court award for you. With a track record for results and a reputation for expertise in pediatric injury cases, you can be confident with us as your trusted supporters and fierce advocates.

I’m worried about what my child will experience during the lawsuit.

As parents ourselves, we know all too well your desire to protect your children - especially if they have already sustained a tragic injury. Understandably, many parents are concerned about the medical examinations the defendant may require in order to discuss a settlement, or the possibility that a child may need to testify about the accident and injuries.

As a parent or guardian, you have the right to be present during any medical examination of your child to help comfort and reassure them. Ontario law outlines if, when and how a child may be called on to testify. You can be certain that your Gluckstein pediatric injury lawyer will vigorously protect your child’s rights. If your child is required to testify (whether in or outside of court), we will take all the time necessary to answer questions and familiarize them with these spaces ahead of time. 

A commitment to full-circle care.

When you put your trust in Gluckstein Lawyers, we show you time and again that you made the right choice. From the moment you contact our team, we promise to do whatever we can to help.

Our clients become like our own family members. We care about you and your child’s well-being beyond the time we’re representing you in legal proceedings. Our team of personal injury lawyers in Toronto, Ottawa, Niagara, and Barrie work diligently to help our clients live their best life possible. We proudly support disability advocacy groups and other community organizations dedicated to improving the lives of people who have experienced life-altering injuries.

A commitment to full-circle care means you can count on us to be there for your family as you begin your healing journey. Take the first on the road to a better tomorrow for your child and call us today for a free consultation.