Playgrounds are a place for children to have fun and play, but they can also be dangerous. If your child has been injured on a playground in Tennessee, you may be entitled to compensation for the damages they have suffered. Consulting with a premises liability lawyer can help you navigate the legal process and ensure your child's legal rights and potential compensation stay protected.
Determining Damages for Playground Injury Claims
The potential damages in a playground injury case can vary depending on the severity of your child's injuries and the circumstances surrounding the accident. The amount of damages also depends on who is proven to be at fault. Parties that could be held responsible for a playground injury include:
- Day care center or school where the playground is located
- Playground equipment manufacturer
- Person or persons in charge of supervising your child at the playground
- Private property owner of the playground
- Municipality or government entity in charge of maintaining the playground
Some of the factors that go into determining damages include:
- The age of the child. The age of the child can determine the amount of damages awarded. For example, younger children may be awarded more damages because they have a longer life expectancy and more time to experience the consequences of their injuries. Additionally, younger children may be more vulnerable to serious injuries because their bodies are still developing and may not be as resilient as older children.
- The nature and extent of the injuries. The more severe your child's injuries, the higher the potential damages. If the injury impacts the child's daily living, recreational activities, or education and learning, compensation must reflect this.
- The duration and extent of medical treatment. If your child requires ongoing medical care and treatment, the damages will be higher to cover these costs.
- The impact of the injuries on your child's life. The impact of the injuries on your child's life can be significant, including physical pain, emotional distress, social isolation, and overall reduced quality of life. If your child's injuries have long-lasting effects, the damages will be higher.
- The emotional and physical distress caused by the injuries. Children injured on a playground may suffer from anxiety, depression, sleep disturbances, and other psychological symptoms. They may also have difficulty returning to school or other activities, and a reduced quality of life. These factors can contribute to a child's pain and suffering and may be considered when determining damages.
- The degree of fault of the party responsible for the accident. In Tennessee, a comparative negligence law determines the amount of compensation for an accident based on the percentage of fault assigned to the injured party. A child injured in a playground accident will still be entitled to compensation for their damages, but the amount will be reduced based on their degree of fault. If it is determined that another party's negligence caused the accident, the damages will be more significant.
Types of Tennessee Playground Injury Damages
Some of the potential damages that you may be able to recover if your child was injured on a playground include:
- Medical costs. This includes past, current, and future medical expenses associated with the playground accident and the cost of hospitalization, surgery, doctor visits, rehabilitation, therapy, medication, and more.
- Pain and suffering. This includes compensation for the physical and emotional pain and suffering your child experienced from the accident.
- Lost wages. If you had to take time off work to care for your child, or if your child's injuries prevent them from attending school or participating in extracurricular activities, you may be able to recover lost wages.
- Loss of future earning capacity. If your child's injuries prevent them from earning a living in the future, you may be able to recover damages for their lost earning capacity.
- Out-of-pocket costs. There may be other expenses associated with the accident, such as the cost of transportation to and from medical appointments or the cost of hiring someone to care for your child while they recover.
How a Lawyer Can Help
A qualified premise liability lawyer can help you navigate the complexities of a playground injury case, help you understand your legal rights and options, and ensure that you receive the compensation you and your child are entitled to. A lawyer can help by doing the following:
- Investigate the accident and gather evidence to prove who is at fault
- Negotiate with insurance companies on your behalf
- Calculate the full extent of your damages
- File a lawsuit and represent you in court if the insurance company does not settle the claim