Kentucky Child Injury Lawyers

Parents live in fear of the day their child sustains a serious, even life-threatening, injury. No suffering or distress is more profound than that of a parent confronted with their own child’s pain. The greatest nightmare of all is your child enduring agony due to another’s careless, reckless, and entirely-preventable conduct.

As a mother, Flora Templeton Stuart understands how it feels to worry for a child’s safety and wellbeing. She is dedicated to utilizing her extensive legal experience and refined skills when representing the interests of injured children and their families. No family should have to endure the trauma of the severe injury or tragic death of a child. However, if you find yourself in these unfortunate circumstances, you deserve the best possible legal representation available.

Call Us 7 Days a week, even on weekends At (888) 782-9090

MAKING A DIFFERENCE IN WARREN COUNTY

When she’s not engaged in her legal practice, Flora is giving back in the Warren County community, helping in the schools, charities, and fundraising events. If you’ve been out and about, you might have seen her law firm’s mascots, Poppy and Pixie, the raccoons. She has donated over $200,000 to charities and fundraisers over the years including: BG OnStage, Kiwanis Club, Stuff the Bus, Lions Club, Toys for Tots for Southern KY, International Center of KY, Band Together BG, Poppy Field Trips, Thunderfest, Holy Spirit Catholic Church, South Central KY Kids on the Block, Operation Stand Down, Buddy Walk, and Save Our Kids Coalition.

About Flora Templeton Stuart

For attorney and mother Flora Templeton Stuart, no area of personal injury law holds more weight than cases involving injured children. Before pursuing a professional career in law, Flora began her career as a teacher. As a single mom, seeking a better life for her children, she worked her way through law school. Attorney Stuart has a deep understanding of the sacrifices parents must make to ensure their children are healthy, comfortable, and happy.

Flora Templeton Stuart and her team are committed to every personal injury client they represent. Cases involving injured children, however, give them even more motivation to see justice done through the civil legal process. No child should suffer a needless injury. No family should mourn the senseless death of a son or daughter. However, when tragedy inevitably strikes, no one should go without the best, most committed legal representation available.

Flora Templeton Stuart isn’t afraid to stand up to those who’s carelessness or recklessness hurts or takes the life of a child. She works tirelessly to ensure that injured children and their families receive the compensation they deserve. She is dedicated to helping you recover, so you have the opportunity to move forward with your life.

In a recent case, she obtained a $1.45 million settlement for the family of a child killed by a negligent driver. Of course, money cannot take erase your pain or bring back your child. However, financial compensation can provide children and their families with the resources they desperately need to navigate these devastating circumstances.

Causes of Children’s Injuries in Bowling Green

Children will get hurt; it’s just a fact of life. A lack of experience encourages children to take risks adults would never dream of taking. Children fail to perceive dangers that any adult would see. The curiosity and fearlessness of childhood, while beautiful, increases children’s risk of injury.

Adults have a special responsibility to protect children. Obviously, they must protect them from the dangers of our environment, but also from the naïve decisions children make every day.

Unfortunately, adults are not always able to supervise or impact their children’s daily decision-making. Consequently, foreseeable and preventable accidents cause children serious injuries. Some common childhood injuries include:

• Falls. According to the Centers for Disease Control and Prevention (CDC), falls represent the most common cause of non-fatal childhood injuries in the United States. Falls occur everyday, anywhere children have the opportunity to explore, climb, and play.
• Motor vehicle accidents. The CDC also reports that “[m]otor vehicle injuries are a leading cause of death among children in the United States.” Kentucky legislators have taken action to reduce the number of those tragedies by revising Kentucky’s child car seat laws. In addition, they have enacted restrictions on teen drivers aimed at keeping them safe and teaching them responsible driving habits.
• Bicycle accidents and pedestrian accidents. Despite constant reminders to look both ways, children frequently run out into streets without looking. They ride bikes in areas where they do not perceive traffic dangers. In short, streets and roadways can be extremely dangerous for children.
• Attractive nuisances. An attractive nuisance is a property feature that children tend to want to use or explore but that also poses significant danger. For example, pools, backyard trampolines, and construction sites are common attractive nuisances.
• Dog bites. Young children face particular dangers from dogs. Kids are often unaware of the signs that a dog is becoming agitated. Dogs frequently bite young children in the face, causing massive trauma and permanent scars.
• Poisoning. For years, household products that pose serious harm to children have been labeled with warnings and packaged in “child safe” containers. Unfortunately, even those precautions do not prevent children from ingesting toxic substances that can cause serious injury.
• Overexertion and sports injuries. Parents of children who play sports in and around Bowling Green know the importance of hydration on hot summer days. If children are not adequately monitored by coaches, they can quickly overheat and suffer severe health complications. Coaches, umpires, and referees are vitally important to keeping kids safe on the playing field. Just a moment’s inattention can lead to serious, long-lasting injuries.

Children commonly endure many more injuries. As any parent knows, children have an innate talent for finding danger. What parent hasn’t asked, “how on earth did that happen?” We cannot anticipate every conceivable way a child can sustain an injury. However, we can take steps to hold adults and companies accountable when their actions put children in harm’s way.

Common Bowling Green Children’s Injuries

There are a variety of ways children may sustain injuries. Similarly, the types of injuries children endure also vary widely. Some of the more common, and tragic, injuries clients of Attorney Stuart have sustained include:

• Traumatic brain injury (TBI). A TBI occurs when the brain sustains damage from a blow, jolt, penetrating injury, lack of oxygen, or bleeding or swelling in the skull. Common causes of TBI in children include motor vehicle accidents, falls, bicycle/skateboard accidents, drowning, and playing contact sports. Even a “minor” TBI (also known as a concussion) can cause lasting difficulties for a child.
• Suffocation/drowning. Suffocation is a risk for infants and young children while sleeping or playing with age-inappropriate toys or objects. Children can drown in bathtubs, swimming pools, or natural bodies of water. Drowning incidents often involve a combination of lack of supervision, inability to swim, and misjudgment of dangers.
• Burns. Heat, electricity, and chemicals commonly cause burns in children. Because of their natural curiosity, children often fail to appreciate the risks of getting too close to flammable materials. Commonly children suffer burns from coming into contact with “live” electrical wires or toxic substances that cause burns.
• Broken bones. Children sustain broken bones all the time. In most cases, these injuries heal and serve as nothing more than an important life-lesson. But sometimes a childhood bone break leads to far more serious complications. Because a child’s body is still developing, a break may affect a child’s growth plates or require surgical repair.
• Lacerations and abrasions. Cuts and scrapes represent another ordinary aspect of childhood. In severe cases, however, these injuries can cause major complications, including dangerous infection and permanent scarring.
• Severe dehydration/heat stroke. Children do not have a well-developed sense of their own physical limitations. Without appropriate supervision and attention to staying hydrated, children can put themselves may become injured by overexertion in hot weather.

Parents sometimes struggle with determining whether children’s injuries are minor or major. Whether the injury will heal with minimal first aid or requires immediate medical attention. Children sometimes struggle to judge and communicate how they feel. Parents can overlook subtle symptoms of serious problems.

We encourage parents to trust their guts, but also to err on the side of caution and seek a medical evaluation. The positives of taking the time to have a medical professional inspect a childhood injury far outweigh the negatives. An exam could spot a telltale sign of a major health complication before it becomes serious or even deadly.

Compensation for Bowling Green Child Injuries

In Kentucky, parents of children injured by someone else’s carelessness or recklessness have a legal right to pursue compensation. Financial compensation for injured parties is referred to as “money damages.” The specific “damages” a family may be entitled to recover after a child’s injury will vary widely from case-to-case. Damages in a specific case depend on the nature of the injury, the child’s prognosis, and the financial resources available.

In general, however, damages for a childhood injury fall into two categories: economic (or special) and non-economic (or general).

Economic damages compensate a child and the child’s family for the direct expenses resulting from an accident, including:

• Costs of medical care that are not covered by insurance;
• Costs of physical therapy and rehabilitation;
• Costs of medical devices and prescriptions;
• The wages a parent loses while taking time off work to care for an injured child; and
• The negative impacts on a child’s long-term prospects for earning a living.

Non-economic damages compensate a child and the child’s family for the mental and emotional harm resulting from an accident. General damages may include:

• Compensation for the child’s pain and suffering; and
• Compensation for the harm the injury did to parent-child relationships, and to the child’s ability to live a fulfilling life.

In cases of childhood injury that involve intentional, reckless, or outrageous conduct, a court may also award “punitive” damages. Punitive damages do not pay for your losses, but rather are intended to punish that wrongful conduct. By requiring the wrongdoer to pay additional compensation, the hope is to deter egregious behavior in the future.

Frequently Asked Questions About Child Injuries

What is a child injury case?

A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death.

What should I do if my child has been injured?

If a child injury occurs, get medical treatment immediately. Get names and contact information of any witnesses. Take photos of the scene to document the conditions or negligence that contributed to your child’s injury. File a police report to document the incident. Do not talk to the responsible party’s insurance company without attorney representation.

Why does my injured child need to have a guardian appointed in the case?

The parent or legal adult raising the child needs to be appointed as guardian so he/she can act on behalf of the child in the case. The appointment involves a brief court appearance in the county where the child resides. It is often required that another person who owns property in that county sign a bond to ensure the settlement funds will be protected for the child.

How do I win my child injury case?

In order to win a child injury case, you must prove the other party was liable or negligent which led to your child’s injury. Determining who is responsible for a child injury can be tricky. Getting an experienced lawyer is key to make sure you get all the damages you deserve from all the parties involved. Let us sort out the evidence, talk to the insurance companies, and file paperwork so you can focus on what is most important – helping your injured child recover.

What damages can I recover in a child injury case?

When a child is injured, his or her medical needs can extend far into the future. Considerations for future medical expenses, medications, adaptive equipment, home care, physical therapy, etc. should be included when settling a child injury case. Settlements could also include pain and suffering or future lost income.

If my injured child receives compensation in a settlement, how can I invest the funds for college?

Kentucky law requires that any recovery for your injured child is to be held in trust until he/she is 18 years of age. Our law firm provides clients with the option of establishing annuities or college funds in child injury cases. The establishment of a college fund or annuity will not only protect the funds for future use by your child, but they may provide certain tax advantages. Be aware there are a few special circumstances in which your child’s recovery could be awarded immediately: if the recovery is less than $10,000 if there are special needs for your child, or if the court approves special expenditures to benefit your child.

How do I pay for an attorney in a child injury case?

The Law Firm of Flora Templeton Stuart handles child injury claims on a contingency fee basis. That means we only get paid from your recovery in the case. Contact us at (888) 782-9090 for a free consultation.

Speak With Our Bowling Green Child Injury Attorneys

Parents caring for an injured child have one singular focus: helping their child get better. They rarely stop to think about whether they need a lawyer. Talking to an attorney will likely have a much lower priority than helping a child recover from an injury. Also, many parents instinctively shy away from the notion of taking legal action seeking compensation for their child’s injury. Many are afraid they will be perceived as if they are “profiting” from their child’s misery.

As a mom, Flora Templeton Stuart understands and shares those instincts. The health and wellbeing of a child is always a parent’s first and top priority. Virtually every parent we’ve ever met would give up any amount of money to spare their child pain and suffering.

As a lawyer, however, Flora serves as an advisor who can take a step back from the trauma to gain perspective. Although money is no substitute for a child’s wellbeing, she knows it can help families pay for essential care and services. Injured children must receive the medical care they need to regain a measure of stability. She also knows that by holding those whose actions harm children accountable, a lawsuit can prevent future injuries.

Of course, every Bowling Green child injury case is unique. There is no “one-size-fits-all” legal strategy for a family suffering from a child’s severe injury or the tragic death. In each case she takes, Flora’s mission is to help parents of injured children make sound, well-informed decisions. She will help you understand your legal rights, so that you may obtain the financial resources you deserve. She strives to ensure you can move forward with your life in the most meaningful manner possible.

If a preventable accident leaves your child injured or worse, Flora Templeton Stuart is ready to stand by your side. She will fight to recover the maximum compensation available to help you, your child, and your family heal. Contact her today online or at 888-782-9090 to schedule a free, no-obligation case consultation.

The Law Firm of Flora Templeton Stuart
607 E 10Th AVE
Bowling Green, KY 42101
(888) 782-9090