Oklahoma Child Injury Lawsuits Breach of Child Care

Call Now For a
Free Case Review 866-451-9129
or dial 1-405-749-7827
You are here: HomePersonal InjuryChild Injury


Oklahoma Legal Expert


super_lawyers2010_leftmod

American_Association_for_Justice

American_Bar_Association_-_Defending_Liberty

 

 

Oklahoma City Child Injury Attorneys and Lawyers

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 and Legal Standards

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

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

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 of Child Injury

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

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.

Defendants in a Child Injury Claim

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 at the Oklahoma law firm of Atkins & Markoff 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 the firm 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. The Oklahoma law firm of Atkins & Markoff 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 contact a child injury lawyer at the firm immediately to schedule an initial consultation.
 




Tell Us Your Story:
* indicates a required field

We Are Here for You
Our attorneys will evaluate your situation for FREE with no obligation. Click SUBMIT or pick up the phone and call us now at

866-451-9129

 

Directions to Our OKC Offices



View Oklahoma City Bankruptcy Lawyers in a larger map

Get customized directions from where ever you are to our offices from Google Maps!
Oklahoma City Office Directions!


Oklahoma Injury Lawyer

If you are researching for Oklahoma's best personal injury lawyer, you have come to the right website. Click around to learn more about Oklahoma law, personal injury lawsuits and the best injury attorneys in Oklahoma. If you would like directions to our office, please follow the link to find our Oklahoma City Injury Lawyer law office.


Languages We Speak

  1. English
  2. Spanish
office
kfor_extra22
trial_extra3

  • Oklahoma Personal Injury Lawsuits

  • Personal Injury Attorney Fees

  • Statute of Limitations

  • Featured Personal Injury Testimonials

  • Oklahoma Injury Lawsuits Explained

    If you are researching what a personal injury lawsuit in Oklahoma entails, this section of our website is going to explain to you how a lawsuit works, how to determine negligence and how to obtain monetary reward commonly called a settlement. First, determine if there has been an injury. If there has been an injury like a broken bone, laceration, back injury or even a wrongful death and the injury was caused by the negligence or irresponsibility of another, there could be grounds for a personal injury lawsuit. Now that you have determined that there has been an injury caused by the negligence of another person or party, a personal injury attorney can be obtained to negotiate your personal injury claim for you. Our personal injury attorneys do not get paid unless they win your case, so don't be preoccupied with being able to afford to file a personal injury lawsuit in Oklahoma. Finally, your Oklahoma personal injury lawyer will determine what your personal injury case is worth. They will determine this by evaluating many factors including your hospital bills, your income, the severity of your injury.

  • Personal Injury Lawyer Fees

    Personal injury attorneys fee's work different than most other lawyers fee's. You do not need to pay anything in advance out of your pocket, so you can definitely afford to hire an Oklahoma personal injury attorney. A personal injury attorney gets paid a percentage of your lawsuit settlement. What that means is that if your lawyer doesn't win your case for you, your lawyer doesn't get paid.

    In Oklahoma, most injury attorneys charge a fee between 30% and 40% of your settlement. During your interview process with an attorney, they will inform you of the fee they normally charge. Fee's will fluctuate depending on the type of case. An Oklahoma personal injury attorney will charge a different percentage depending on the type of case.

  • Personal Injury Statute of Limitations

    Personal injury claims must be brought within two years in the State of Oklahoma. Further, under Oklahoma law, a minor has one year after his or her eighteenth birthday to file a personal injury claim.

    If the statute of limitations expires before a personal injury suit is brought, a claimant faces the possibility of having his or her case dismissed due to untimely submission. Therefore, it is critical to contact an experienced attorney as soon as possible following a personal injury, to protect your legal rights and any compensation that is due.

  • Featured Personal Injury Testimonials

    "...the settlement I received was tons more than I ever expected..."

    "Everyone needs an Attorney at least once in their life! Walking through the door of Atkins and Markoff is by far the best move you could make! All of their staff are on top of any problem you could ever have. I felt like they were my friends and they really cared about what was happening with me! Not to mention that the settlement I received was tons more than I ever expected!!

    Thank you Daniel and Jerri for all the hard work that you have done , I greatly appreciate you for everything!!"

    - Amie from Oklahoma City

    Read more Testimonials here.