Can a Lawyer Assist in Cases of Child Toy Defects and Injuries?

When your child gets injured from a defective toy, it can be frustrating. You spent money on a toy for your child that you believed was safe, but now you’ll have to pay medical bills for your child’s treatment. 

But there is still hope: a Fort Myers product liability lawyer at Viles & Beckman can help your child get compensation for the injuries they suffered. Read on to learn about how our legal team can help you in your child’s toy defect and injury case.

A Lawyer Can Tell You When to File Your Personal Injury Claim

When someone is injured due to the negligence of another party, there is a statute of limitations that establishes the timeframe for filing a personal injury lawsuit. In Florida, this deadline is two years from the date of injury or discovery of the cause of harm. 

The statute of limitations in Florida is triggered from the initial injury date, so it is essential to consult with an attorney as soon as possible if pursuing compensation through the legal system. Waiting too long to file a claim could result in a case getting dismissed, even if it’s a valid case. 

For minors injured in an accident in Florida, the statute of limitations is often tolled for seven years until they reach the age of majority at 18 years old. A Fort Myers personal injury lawyer can explain how the tolling works for minor plaintiffs under Florida law.

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A Product Liability Attorney Can Confirm Your Case

When a defective or dangerous product causes injury, seeking legal counsel in a free initial consultation is an important first step. An experienced Fort Myers child injury lawyer can evaluate the specifics of your case during this meeting. Some key things our lawyer will do include:

• Review in detail what product was involved, when and how the incident occurred, and the nature of all resulting injuries or property damage.
• Ask questions to gain a comprehensive understanding of the key events and your child’s experience with the product.
• Request copies of documents like receipts, medical records, and photos to examine as part of our initial case assessment.
• Provide information on the legal process and what must be proven to hold manufacturers accountable.
• Offer an opinion on whether there is a viable claim under laws governing dangerous or defective products.
• Discuss next steps like investigating further, performing tests, filing a lawsuit, or exploring pre-litigation settlement.

The consultation allows both parties to decide if moving forward together makes sense without any cost obligation on your part. Our lawyer can answer any questions you may have about your child’s toy defect and injury case.

How a Product Liability Lawyer Helps Prove a Toy Caused Your Child’s Injuries

If a toy has injured your child, but you are unsure what exactly caused the incident or injuries, a product liability lawyer can help gather evidence to prove liability. Some ways a lawyer at Viles & Beckman may assist include:

• Thoroughly reviewing all toy and injury details, photos, medical records, and witness statements to understand what occurred.
• Researching the specific toy to check for any recalls from the Consumer Product Safety Commission or reported defects matching your child’s experience.
• Consulting with engineers and safety experts to evaluate potential defects or non-compliance issues in the toy’s design.
• Filing discovery requests seeking internal documents from the manufacturer pertaining to safety testing, design revisions, similar incident reports, and communications.
• Arranging for independent testing of the implicated toy to identify defects and how the product could have caused the reported injuries.
• Working with medical experts to determine the likeliest cause of the injuries based on the nature, extent of harm and circumstances of the incident.
• Building a liability case by citing any violations of toy safety standards, manufacturing flaws, lack of adequate warnings, or other negligence supported by uncovered evidence.
• Pursuing all viable legal claims and reaching out to witnesses able to corroborate the circumstances leading to injuries.

An experienced product liability lawyer in Fort Myers can help determine whether a toy accident has a legal basis or not based on a thorough investigation and analysis of all case facts.

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What Types of Compensation Can a Lawyer Pursue for Your Child’s Injuries?

After your child suffers injuries as a result of a defective toy, you have the right to pursue compensation on their behalf. Some of the damages our team of product liability attorneys can help you recover include:

Medical Expenses

Medical expenses include all past and future costs for initial treatment of the injuries as well as any ongoing or lifetime medical needs. Our lawyer will work to gather all bills, records of procedures, prescriptions, and documentation of any other treatment required for recovery from the accident. 

This could amount to thousands or even hundreds of thousands of dollars, especially in serious injury cases requiring multiple surgeries or long-term care. Compensation for full medical costs aims to relieve the financial burden on the family.

Pain and Suffering

Pain and suffering damages are meant to provide reparations for both physical and emotional hardships endured. This includes compensation for any acute pain at the time of your child’s injury through the healing process, as well as long-term chronic pain. 

Suffering involves factors like reduced quality of life due to limitations, difficulty sleeping or playing, embarrassment, or self-esteem issues from scars or abilities. Even relatively minor injuries may be quite traumatizing, especially for a child.

Lost Wages

If an injury results in permanent physical or cognitive limitations, then compensation can cover future lost earning potential. An economist can help determine what the child’s probable career and lifetime income would have been without the disability caused by the defendant’s negligence. Lost wages also apply if the injury delays the start of their career or impedes their ability to advance normally in their chosen field.

Disfigurement

Disfigurement damages cover issues like appearance-altering scars or permanent physical changes, which can significantly impact a person’s self-image. Awards consider factors like size, location, and visibility of scars or disfigurements and the social difficulties they may cause.

Rehabilitation

Rehabilitation costs include expenses like physical therapy, counseling, tutoring, and other services to maximize recovery and quality of life attainable considering the injuries. This category also aims to provide funds for modifications to homes or vehicles to accommodate disabilities long-term.

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Learn More About How a Product Liability Attorney Can Help You

At Viles & Beckman, our team of Fort Myers product liability attorneys understands the pain and stress you and your child are going through. We’re here to help you in any way we can, whether it be helping you file your claim on time or identifying the liable party. 

Contact us to learn more about how a lawyer can assist you in your case of child toy defects and injuries.

Call or text (239) 334-3933 or complete a Free Case Evaluation form