What You Need to Know About Child Injury Claims in Alabama

January 23, 2025

What You Need to Know About Child Injury Claims in Alabama

When your child is injured due to someone else’s negligence, the physical, emotional, and financial toll on your family can be overwhelming. In Alabama, the law provides options for parents or guardians to seek justice and compensation for their child’s injuries through personal injury claims 

What Are Child Injury Claims in Alabama?               

Child injury claims in Alabama arise when a minor suffers harm due to the negligence or wrongful acts of another individual, organization, or entity. These claims allow parents or legal guardians to pursue compensation on the child’s behalf. 

Common Causes of Child Injuries 

  • Car Accidents: When a child is injured as a passenger, pedestrian, or cyclist in a vehicular collision. 
  • Daycare Negligence: Failing to provide adequate supervision or maintain a safe environment. 
  • Defective Products: Dangerous toys, furniture, or equipment that cause harm. 
  • School Injuries: Unsafe playground equipment, lack of supervision, or other preventable hazards. 
  • Premises Liability: Injuries on someone else’s property, such as at a neighbor’s pool or a public park. 

In Alabama, child injury cases are particularly sensitive, as they involve vulnerable individuals who may suffer long-term consequences from their injuries. 

Legal Requirements for Child Injury Claims in Alabama          

Understanding Alabama’s legal framework for child injury claims is crucial to building a strong case. 

Statutes of Limitations 

In Alabama, personal injury claims generally must be filed within two years of the injury. However, for minors, the law provides an extension. The statute of limitations begins when the child turns 19 years old, allowing them until age 21 to file a claim. 

Parental Role in Claims 

While minors cannot legally file lawsuits, parents or legal guardians act as their representatives. You may seek compensation for: 

  • Medical expenses. 
  • Pain and suffering endured by the child. 
  • Emotional distress for both the child and family. 

Governmental Entities 

Claims against public schools or other government organizations may involve shorter deadlines. For example, filing a claim against a city-owned playground may require notice within six months of the incident. 

Challenges of Child Injury Cases in Alabama              

Proving Negligence 

The law requires establishing the following elements of negligence: 

  • Duty of Care: The at-fault party owed a duty to protect the child from harm. 
  • Breach of Duty: The party failed to meet that obligation. 
  • Causation: The breach directly caused the injury. 
  • Damages: The child suffered measurable harm. 

For instance, if a daycare failed to repair broken playground equipment and a child was injured, this would likely satisfy the elements of negligence. 

Contributory Negligence Rule 

Alabama follows a strict contributory negligence standard, which bars recovery if the injured party is found even 1% at fault. While courts are generally more lenient with cases involving minors, proving the child’s innocence remains critical. 

Insurance Companies 

Insurance adjusters may attempt to downplay the severity of the injury or shift blame to avoid full payouts. An experienced attorney in Alabama can advocate on your behalf to ensure a fair settlement. 

Steps to File a Child Injury Claim in Alabama                  

Seek Immediate Medical Attention 

Prioritize your child’s health by consulting a doctor and obtaining a thorough medical evaluation. These records will serve as essential evidence in your case. 

Document the Incident 

Gather as much information as possible, including: 

  • Photos of the injury and accident scene. 
  • Witness contact information. 
  • Police or incident reports. 

Consult a Personal Injury Attorney 

A seasoned attorney familiar with child injury claims will guide you through the legal process, ensuring compliance with all deadlines and procedural requirements. 

File a Claim 

Your attorney will prepare and submit legal documents, negotiate with insurance companies, and, if necessary, represent you in court. 

Pursue a Settlement or Trial 

Most cases settle out of court. However, if negotiations fail to yield fair compensation, your attorney may recommend litigation to secure a favorable outcome. 

Laws Protecting Injured Children in Alabama        

Several laws and doctrines specifically address child injury claims in Alabama. 

The Attractive Nuisance Doctrine 

This doctrine holds property owners liable for injuries to children caused by hazardous conditions on their property that are likely to attract children. The doctrine applies to artificial conditions, not natural features, and requires property owners to take reasonable steps to secure potential dangers, even if children are trespassing. 

Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) 

While not strictly a “strict liability” doctrine, the AEMLD allows injured parties, including children, to hold manufacturers and sellers liable for defective products that cause harm. Under this doctrine, plaintiffs must prove they suffered injury from a product in a defective condition that was unreasonably dangerous. 

Negligence in Schools and Daycares 

Educational institutions and childcare providers in Alabama have a duty of care to provide a safe environment for children. They can be held liable for negligent supervision, inadequate safety measures, or failure to maintain safe premises. 

Common Mistakes to Avoid in Child Injury Claims in Alabama   

Pursuing a child injury claim can be complex, and even minor missteps can jeopardize your chances of securing fair compensation. Understanding and avoiding common pitfalls can significantly improve your case’s outcome. 

Failing to Act Quickly 

Time is critical in legal claims. While Alabama allows extensions for minors under the statute of limitations, waiting too long can lead to: 

  • Loss of key evidence (e.g., video footage, witness memories). 
  • Challenges in reconstructing the incident accurately. 

Not Seeking Proper Medical Attention 

Failing to document your child’s injuries thoroughly with medical records can weaken your claim. Ensure every aspect of the injury is evaluated and treated, including potential long-term effects like emotional trauma. 

Accepting a Low Settlement Offer 

Insurance companies often offer quick, low settlements to close cases. These offers rarely account for: 

  • Future medical expenses. 
  • Long-term rehabilitation or therapy. 
  • The full extent of pain and suffering. 

Overlooking Liability 

Identifying all responsible parties is vital. In some cases, multiple entities, such as manufacturers, property owners, and supervisors, may share liability. Missing any of these can reduce the total compensation available. 

Handling the Case Alone 

The legal system can be daunting, especially for families already coping with an injured child. Without experienced legal representation, you risk: 

  • Missing deadlines. 
  • Misinterpreting complex Alabama laws, such as contributory negligence rules. 
  • Failing to present a compelling case in negotiations or court. 

Neglecting to Account for Future Needs 

Injuries to children can have long-lasting consequences, impacting their education, career prospects, and quality of life. A comprehensive claim should include: 

  • Estimated future medical costs. 
  • Potential loss of earning capacity. 
  • Counseling or therapy for emotional recovery. 

Frequently Asked Questions  

What types of damages can be recovered? 

Parents can often recover: 

  • Medical expenses. 
  • Rehabilitation costs. 
  • Lost income (if they had to miss work). 

Children might also be able to recover damages for: 

  • Pain and suffering. 
  • Emotional distress. 
  • Permanent disability or disfigurement. 

Can a child’s settlement be used immediately? 

Generally, settlements for children are placed in a structured trust or annuity, which they can access upon reaching adulthood. 

What happens if multiple parties are liable? 

Your attorney will work to identify all responsible parties (e.g., drivers, property owners, or manufacturers) and hold them accountable for their share of the damages. 

Tips for Navigating Child Injury Claims in Alabama 

  • Document Everything: From medical visits to communications with insurance companies, keep a detailed record. 
  • Understand Future Costs: Injuries may require ongoing care. Factor in future medical needs, therapy, and potential loss of earning capacity. 
  • Avoid Quick Settlements: Insurance companies may offer low settlements early. Consult an attorney to evaluate the true value of your claim. 

Protecting Your Child’s Future: Contact Hodges Trial Lawyers, P.C. for Child Injury Claims in Alabama 

Your child’s safety and well-being are paramount. If they’ve been injured due to another party’s negligence in Alabama, you have the right to seek justice and compensation. At Hodges Trial Lawyers, P.C., we combine compassion with tenacious advocacy to help families navigate these challenging cases. Contact us today to schedule a free consultation and case assessment.