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Legal Help for the Injured
When another party’s negligence injures your child, you can take action as their parent or legal guardian. Fortunately, our dedicated Ohio child injury lawyers at Kisling, Nestico & Redick can fight for your child’s rights and make recovering compensation easier.
Let our team discuss your options and work tirelessly for everything your family deserves. Contact KNR for a free, no-obligation consultation, or call 1-800-HURT-NOW.
KNR has a track record of success. We fight for child injury victims and strive to ensure the financial recovery process is as stress-free as possible. With our team on your side, there is less hassle and an increased opportunity to reduce the negative impact of your child’s injuries on their life.
At KNR, we ask, “what more can we do?”:
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Child injury claims are often complex. Some of the top questions families have regarding child injury claims include:
Yes, but the deadline works differently for children. The standard statute of limitations for personal injury claims in Ohio is two years under Ohio Revised Code section 2305.10. For a minor, that clock is generally paused, or tolled, until the child turns 18 under Ohio Revised Code section 2305.16, so a child typically has until about age 20 to file a general injury claim. A parent’s separate claim for the child’s medical bills can run on the standard timeline, and medical-malpractice claims involving minors follow their own rules. Because these deadlines vary, confirm your exact filing date with an attorney before time runs out.
As your child’s parent or legal guardian, you are their most prominent advocate. A minor cannot bring a lawsuit on their own, so you act as their representative. Our team will be by your side to help you fight for the compensation you deserve, but we can’t get started on your case until you contact us to explore your legal options.
It is common for defendants to accuse the child’s parents or another party of being at fault for their injuries. Ohio is a modified comparative negligence state with a 50% threshold. So if your portion of liability does not exceed 50% when you share liability, you may still have the right to compensation.
Many families assume they have a flat two years to act, but the deadline for a child’s injury claim is usually longer. The two-year personal-injury limit in Ohio Revised Code section 2305.10 is generally tolled for minors under Ohio Revised Code section 2305.16, which pauses the clock until the child turns 18. In practice, that means a minor often has until roughly age 20 to file a general injury claim in their own right.
There are important exceptions to keep in mind. A parent’s own claim to recover the child’s medical expenses is separate from the child’s claim and can run on the standard two-year timeline, so a parent should not wait. Medical-malpractice cases involving minors are governed by their own rules and shorter periods may apply. Because the right deadline depends on how and where your child was hurt, talk with a lawyer about your specific Ohio statute of limitations rather than assuming the standard two years applies.
Because a minor cannot legally bring a lawsuit, a parent or legal guardian steps in as the child’s representative and pursues the claim for them. Most child injury matters actually involve two related claims. The parent has a claim to recover the money spent on the child’s care, including ambulance and hospital bills and the cost of future treatment. The child has a separate claim for their own pain, suffering, disfigurement, and any long-term impairment.
Keeping these two claims straight matters, because they can carry different deadlines and the funds are handled differently. KNR helps families sort out who should file, what each claim covers, and how to protect the child’s recovery from start to finish.
A child cannot legally settle their own injury claim, so Ohio courts step in to review and approve settlements involving minors. This court oversight is meant to protect the child and confirm that the amount and terms are fair before anyone signs off. The process often includes a hearing where a judge looks at the injuries, the proposed amount, and how the money will be safeguarded.
Once a settlement is approved, the child’s funds are commonly protected until they reach adulthood. Depending on the situation, that can mean a court-supervised account or a structured settlement that pays out over time. KNR has guided many Ohio families through court approval, helping them present the settlement clearly and protect their child’s compensation for the future.
Child injury accidents can take many forms. Some common types of child injury accidents in Ohio include:
Schools and playgrounds owe a duty to supervise children and keep their grounds reasonably safe. When broken equipment, hard or unsafe surfaces, or inadequate supervision lead to a fall or collision, the school, district, or property owner may be responsible. These cases can involve public entities with their own notice rules, so it helps to act quickly and document what happened.
Parents trust daycares and childcare providers to watch their children closely. When a provider fails to supervise, ignores safety hazards, hires unsafe staff, or lets a child wander, that negligence can cause serious harm. KNR investigates staffing, ratios, and incident reports to show how a daycare’s carelessness led to a child’s injuries.
Children are hurt every year by toys, furniture, and equipment that were never safe to begin with. Choking hazards, toxic materials, sharp edges, and faulty designs can all point to a product-liability claim against the maker or seller. If a recalled or defective children’s product injured your child, the manufacturer may be held accountable.
Children can endure devastating injuries and accidents caused by another party’s recklessness or negligent actions. Some common injuries seen in child lawsuits include:
If your child suffered another type of injury that was not included, contact our office to learn more about what legal options are best suited for your child’s injury case.
Our statewide practice is designed to make going through an injury claim more convenient and accessible for victims. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties and conducts consultations via Zoom.
Child injuries occur in a variety of ways. However, some accidents and incidents are known for producing child injuries more frequently than others. Some of these events include:
Generally, when childcare providers, property owners, healthcare providers, and other parties who may owe your child a duty of care fail to uphold it, they can be held accountable.
Countless parties could share liability for your child’s injuries based on how they happened. For example, some parties often named in Ohio child injury claims include:
It is more common than you might think for multiple parties to share liability for child injuries. Your attorney must closely examine what transpired to ensure all parties are identified and brought to justice for your child’s suffering and damages.
For your child injury insurance claim or civil lawsuit to be successful, your lawyer must gather the evidence needed to prove liability.
The individual or entity responsible for causing your child injuries and damages can be ordered to compensate your family for your suffering. To do this, we will need to show the elements of negligence have been met. These include:
The elements of negligence can be complex. However, it will be your child injury lawyer’s responsibility to show the defendant owed your child a duty of care. For example, if your child were involved in a school bus accident, the bus operator would owe them a duty of care, as they are responsible for your child’s safety.
If the bus driver engaged in unsafe driving, this would likely be considered a breach of their duty of care because they put your child at risk by failing to uphold their obligation.
The bus driver’s unsafe driving must have caused your child’s injuries or damage. Your child and family must have suffered significant financial, emotional, physical, and psychological damages because the school bus driver breached their duty of care.
Ohio generally tolls the two-year deadline under Ohio Revised Code section 2305.10 for minors until the child turns 18 under Ohio Revised Code section 2305.16, so a child typically has until about age 20 for general injury claims. A parent’s claim for the child’s medical bills can run on the standard timeline, and medical-malpractice cases have their own rules. Confirm your specific deadline with an attorney.
A parent or legal guardian files on the child’s behalf as their representative, because a minor cannot bring a lawsuit on their own.
Courts review and approve settlements for minors to protect the child, and the funds are commonly safeguarded, for example in a court-supervised account or structured settlement, until the child becomes an adult.
Economic damages such as medical bills and future care, and non-economic damages such as pain, suffering, and disfigurement, and in some cases punitive damages under Ohio Revised Code section 2315.21.
Nothing up front. KNR works on contingency, so if there is no recovery, there is no fee. Call 1-800-HURT-NOW for a free consultation.
Fight for Everything You’re Owed
After a serious injury, you need to consider how your child’s life will be affected in the long term. If you settle too quickly or fail to think about the future medical care they may need, you could be accepting less than your child’s injury claim is worth.
You and your child have the legal right to be compensated for how your child’s injuries have affected their life and financial security. The emotional trauma, financial losses, and strain of the experience may warrant legal action against the liable party.
Families have the right to compensation for non-economic damages and economic damages. Economic damages describe monetary losses, while non-economic damages account for lifestyle damages, emotional trauma, and physical injuries. Collectively, they are known as compensable damages. Examples of compensatory losses could include:
Under Ohio Revised Code section 2315.21, your family may also be awarded punitive damages. However, they may only be awarded if the defendant’s actions were malicious, aggravated, reprehensible, or grossly negligent. Punitive damages are designed to punish the defendant and send a message to the community that conduct of this nature will not be tolerated.
Bus Accidents
Our client, a minor, was hit by a school bus in the school parking lot and sustained various…
Read MoreWhat Makes KNR Special?
Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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Contact KNRWhat Makes KNR Special?
Seeing your child experience a serious injury because of another’s recklessness is devastating and stressful. At KNR, we strive to make the process easy for you and your family while aggressively pursuing the result you and your child need t see. What you’re going through is hard enough. Getting legal help shouldn’t be.
Ready to talk? Call KNR at 1-800-HURT-NOW for a free, no-obligation consultation.