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Oklahoma Child Injury Attorney

Parents all have one thing in common when it comes to caring for their children – they worry about their safety, especially when their children are not with them. It’s instinctive, it’s never-ending and it’s any parent’s worst nightmare when he or she learns that his or her child has been injured. Every parent is overcome with emotion when this does occur.

Given the reality of present times, our children need to be on their own more often than in the past. Both parents tend to work now, which means that their children need to be cared for either by a professional day care center or by a private babysitter. Regardless of the circumstances, a child injury problem can arise at any time.

Oklahoma Child Injury – Legal Standards

When a child is injured and a claim is filed against the defendant, the standard used to determine whether or not the defendant should be liable is largely the same as if the victim was an adult. Proving that a defendant was negligent requires the plaintiff to prove four elements, and each of them is briefly described in the tabs below.

Duty of Child Care in Oklahoma

The law assumes that everyone owes others a duty of care, which means that the defendant must not either do something or fail to do something that would result in a situation that involves unreasonable risk to those who will be exposed to this danger.

Breach of Child Care Duty in Oklahoma

Assuming that a duty was proven, the plaintiff will next need to prove that the defendant breached this duty. This is done by proving that the defendant did not meet the ‘reasonable person’ standard, which means that the defendant’s conduct did not match what a reasonable person would have done in the same situation.

Causation

This is a difficult concept, but it basically means that the defendant’s actions either directly or indirectly led to the injuries suffered by the victim.

Child Injury Damages in Oklahoma

Finally, the plaintiff must prove that he or she suffered damages as a result of this situation. These damages in regards to a child can include the costs of treating the injury, pain and suffering and emotional distress.

Potential Defendants to an Oklahoma Child Injury Claim

When a child is injured, special circumstances could arise, depending on how the injury occurred. If a child is injured by an adult, then the standards and defendants involved would work much the same as any other case that’s based on negligence. The burden of proof would also be similar to what is described above.

However, many times, a child injury occurs as a result of the actions of another child. This gives rise to a different circumstance, as the law does not generally encourage the suing of minors. While negligence does not necessarily include any mental state, criminal courts and other courts generally assume that a young child cannot form the requisite intent to commit an act that would give rise to liability.

Basically, the identity of the defendants in a child injury case will depend on the facts that surround the situation. For instance, if a child is injured while playing at a friend’s house, it’s possible that the child’s parents could be named as defendants. If a child is injured by another at a day care center, then it’s possible that the day care center could be named.

What this means to you is that if you have been saddled with a child injury issue, you need to seek the help of an experienced attorney to determine how to proceed properly.

Contact a Child Injury Attorney

If your child has been injured, you need to begin to take action immediately. The first step you should take is to seek medical attention. As this is happening, be sure to explain to your doctor that you’ll need copies of any diagnosis, tests performed and prognosis. Even if you do not remember to do this, however, you should still proceed, as your child injury lawyer will be able to gather this information at a later date.

After you’ve obtained the medical attention necessary to care for your child, you need to contact a child injury lawyer as soon as possible to schedule an initial consultation. Your attorney will be able to answer all of the questions and explain all of the technicalities briefly described above, and you’ll be able to move forward with a foundation of experience and knowledge. Contact Privett Law today.

A child injury is a troubling situation regardless of how it happened, and most parents or guardians will struggle with what to do next. Privett Law has heard this sad story many times, and if your child has been injured as a result of the actions of another, you need to Privett Law immediately to schedule an initial consultation.