Kentucky Child Injury Lawyers

WINNING IS WHAT WE DO. CARING IS WHO WE ARE.

Flora Templeton Stuart has spent a lifetime helping children as an attorney, educator, and mother. She cares deeply about the rights of children. Our law firm has collected millions for children injured in car, truck, bicycle accidents and injuries sustained at day care.

If your child has been injured due to the negligence of another, call us to get the justice your child deserves.

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

Types of Child Injury Cases

There are numerous types of child injury in cases where the negligence of the caretaker or
another causes them serious harm.

• 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 every day, anywhere children have the opportunity to explore, climb, and play.
• Car, truck , and motorcycle 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.
• Daycare accidents: While sometimes there are accidents where nobody is at fault, daycare accidents where an employee is liable happen more often than people know. These accidents are generally the result of non-compliance with safety standards or intentional abuse.
• Abuse: Your child was intentionally abused. This includes abuse of any kind, including sexual and non-sexual abuse, and can result in serious injuries. 
• Neglect: Kentucky, like most states, requires child care facilities to comply with safety standards. 922 KAR 2:100. Section 2  Most child care facilities also have their own policy and procedures in place. If the facility and/or any of its employees violated these standards or policies and your child was injured as a result, there may be grounds for a negligence claim.  
• Landlord negligence: Flora Templeton Stuart Accident Injury Lawyers represented a child who was severely burned by a water heater that a landlord neglected to fix.

What We Do to Help if Your Child Has Been Injured in a Daycare Accident

We have settled several daycare injury cases for minors for $100,000 to $1 million. If your child is injured at a daycare you need to take immediate action.

The strength of the evidence supporting your child’s claim can make a major difference in the potential settlement value.  At Flora Templeton Stuart Accident Injury Lawyers we will thoroughly investigate your child’s case and collect evidence. Specifically, we will:

• Hire private investigators to obtain witness statements 
• Request and review surveillance footage 
• Our office will obtain investigation records from the Division of Regulated Child Care and police 
• Request and review relevant medical records and bills 
• Retain medical expert witnesses to evaluate your child’s injuries, explain the injuries, explain the child’s pain, and provide an opinion on potential future complications 
• Retain liability expert witnesses to provide an opinion on the standard of care breached by the daycare and its employees 
• Refer your child to excellent physicians  
• Prepare extensive settlement demands 
• Ensure medical liens are reduced to the extent possible and are paid.  
• Work with you to set up an annuity or structured settlement for your child’s future.

Our attorneys negotiate with the insurance company to get our clients top settlements, and if we cannot settle the case for a fair and reasonable amount, we will file a lawsuit if your child was seriously injured.

Common 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 or 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 or 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 become injured by overexertion in hot weather.

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

Steps to Take If Your Child Has Suffered a Personal Injury 

Taking the right steps after a child injury makes a significant difference in your child’s recovery and ensures they receive the support and care they need. Here are the steps to take if your child has suffered a personal injury: 

Step 1: Seek Medical Attention 

• Your child’s health and safety come first. Even if the injury seems minor, it’s important to seek medical care right away. It’s common for some types of injuries to have delayed symptoms, such as head trauma and internal injuries. For future legal claims, medical records are critical for documenting the injury 

Step 2: Gather Evidence 

• Taking photographs and videos of the accident scene and any visible injuries is the next important step. If there are witnesses, collect contact information from them. If necessary, file a police report to create an official record of the incident. 

Step 3: Consult a Child Injury Attorney 

• As soon as possible, contact an experienced child accident attorney. The child injury law firm of Flora Templeton Stuart will be able to assist you through the rest of the steps so you can focus on your child’s recovery. 

Step 4: Avoid Speaking with Insurance Adjusters 

• Insurance companies may try to contact you after your child is injured. Avoid discussing the details of the case, as they may attempt to downplay the severity of the injury and pressure you into settling prematurely. As your child injury attorney, we’ll negotiate with insurance adjusters for you to ensure you receive adequate compensation for your child’s injuries. 

It’s important to take these critical steps to ensure your child’s physical recovery goes smoothly. These actions are also important for strengthening your legal claim. Once you contact the child injury law firm of Flora Templeton Stuart, we’ll handle the legal side to fight for the best possible outcome for your family. 

Damages for a Child Injury Claim in Kentucky

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.

Damages may include:

• Past and future costs of medical care
• Costs of rehabilitation
• Pain and suffering
• Future loss of income due to disability
• Damages for permanent injury
• Loss of consortium (in the event of death) 
• Punitive damages in cases of gross negligence from intentional conduct violating the law

Our law firm will obtain all medical and legal records, refer clients to excellent physicians, and retain experts to establish damages.

What happens if a child receives a settlement?

Under Kentucky law, if we receive a settlement offer for a minor child that is more than $25,000, the settlement will need to be approved by the court. KRS 387.278. This is typically accomplished in the local district probate court where the minor child resides. This is typically accomplished in hte local district court where the minor child resides. Even if the court approval is not required, the parent must establish a blocked account for the child to receive the settlement at 18. If no annuity is not establish the court approval is needed.

In these circumstances, a “guardian” must also be appointed by the local probate court. KRS 387.278. The parent or legal adult raising the child will be appointed as guardian so they can act on behalf of the child in the case.  This court-appointed guardian will be the one to sign the releases on behalf of the child’s in the personal injury settlement. Our experienced obtain court approval and file the appropriate probate documents in the appropriate court without any additional fees.

What happens with the settlement money in a child injury case?

Once our attorneys obtain a settlement on your child’s behalf, our office consults with the appropriate parent and/or guardian to discuss whether your child would benefit from an annuity or structured settlement, or if the funds should be placed in a blocked account until the child reaches the age of 18. 

• Depending on the settlement amount, an annuity or structured settlement can be a great way to protect your child’s future. Structured settlements not only gain interest, but can also be set up to be disbursed at certain dates in the future, even for college. 
• For example, we can help structure an annuity so your child will receive part of the settlement on their 18th birthday, 22nd birthday, 25th birthday and so on, in either lump sums, or monthly payments. 
• The establishment of a structured settlement or annuity will not only protect the funds for future use by your child, but they may provide certain tax advantages, as well. 

Flora Templeton Stuart Injury Accident Lawyers take pride in helping structure college or trade school annuities to ensure your child has those resources available to them when the time is right.  

Who is Liable in a Child Injury Lawsuit?

In Kentucky and Tennessee, a wide range of parties can be held liable in child injury cases. Liability in a child injury can vary depending on the type of injury and the situation, but here are some of the potential liable parties in child injury lawsuits:

• Pet owners: When a child is bitten or attacked by an animal, particularly a dog, the pet owner is responsible. Most states, including Kentucky and Tennessee, have strict laws governing liability for dog bites, meaning that pet owners are typically liable for damages caused by their animals, regardless of the circumstances or prior aggression.
• Property owners: Children can be injured on someone else’s property, whether that’s at school, a public place, or someone’s home. Property owners have a responsibility to maintain a safe environment, and failure to do so can lead to hazards like unsafe playground equipment or broken stairs. Attractive nuisances, like unguarded swimming pools or trampolines, also increase liability.
• Motorists: When a child is injured by a vehicle, the at-fault driver may be held liable for damages. Whether the child was a passenger, pedestrian, or cyclist, drivers have a responsibility to operate their vehicles safely and take extra precaution when children are present.
• Manufacturers: In child injury cases caused by unsafe playground equipment or toys, manufacturers may be held liable under product liability laws. Manufacturers are responsible for ensuring their products are safe and for issuing warnings for potential hazards. 
• Caregivers: Depending on the circumstances, sometimes a caregiver can be held liable in a child injury case. Caregivers–including daycare providers, babysitters, and parents–have a duty to protect children from harm. Failure to seek medical care, abuse or neglect, and intentional harm are all examples of caregiver liability.
• Landlords: Often children are harmed by safety hazards in rental properties.

Identifying liable parties can be a complex process, and there may be more than one. With the personal injury lawyers at Flora Templeton Stuart on your side, you can rest assured that responsible parties will be held accountable so your injured child will receive the support and compensation they need.

Speak With Our Kentucky and Tennessee Child Injury Attorneys

As a mom and former teacher with close to 50 years experience as an attorney, Flora Templeton Stuart understands and shares those concerns. The health and well-being 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.

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 888-564-9035 to schedule a free, no-obligation case consultation. We have represented injured children in Kentucky, Tennessee, and across the nation.

Frequently Asked Questions About Child Injuries

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