Child Injuries

Few events are more devastating for a parent than seeing their child injured due to someone else’s carelessness or wrongdoing. Whether the harm occurs at school, on a playground, in a daycare center, during a recreational activity, or in a car accident, the physical and emotional toll can be overwhelming. At The Law Offices of John Day, P.C., we understand that child injury cases are unlike other personal injury matters. They require not only a deep knowledge of the law but also a compassionate approach and an understanding of the long-term implications for both the child and their family.

Our firm proudly represents families throughout Nashville, Davidson County, Brentwood, Murfreesboro, and the surrounding areas of Middle Tennessee. With decades of experience and a dedicated team, we are prepared to help you pursue justice and secure compensation that reflects the full extent of your child’s injury and future needs. To speak with us about your child’s case, please call (615) 742-4880 for a free consultation.

Understanding the Legal Framework for Child Injury Cases

In Tennessee, children are owed a duty of care under the law. Because children lack the same capacity for judgment and self-protection as adults, those responsible for their safety—such as schools, daycares, drivers, coaches, and property owners—must take special precautions to prevent harm. When that duty is breached and a child is injured as a result, the responsible party may be held legally liable under principles of negligence, premises liability, or, in some cases, intentional misconduct.

Child injury cases are also distinct because minors cannot file lawsuits on their own. Instead, a parent or legal guardian must bring the claim on their behalf. Additionally, Tennessee law provides an extended statute of limitations in certain cases involving minors. While the general rule for personal injury claims is one year from the date of the incident under Tennessee Code Annotated § 28-3-104, that period may be extended for injuries to minors until one year after the child turns eighteen. However, claims for medical expenses incurred by the parents or guardian must still be brought within the standard one-year deadline, making early legal intervention critically important.

The law also recognizes the doctrine of comparative fault, which assesses whether the injured party bears any responsibility for the incident. However, Tennessee courts recognize that young children are not capable of contributory negligence in the same way as adults. The child’s age, experience, and maturity level will be considered when evaluating whether any fault should be attributed to them.

Common Types of Child Injury Cases

Children may be injured in a wide range of settings and circumstances. One of the most common situations involves motor vehicle collisions. When a child is a passenger in a vehicle involved in a crash, or is struck as a pedestrian or bicyclist, the consequences can be life-changing. Because children’s bodies are still developing, they are more vulnerable to brain trauma, internal organ damage, and long-term orthopedic complications.

Another frequent source of child injuries is daycare and school negligence. These cases may involve inadequate supervision, unsafe playground equipment, improperly trained staff, or failure to prevent bullying or assaults. State regulations govern how childcare facilities operate in Tennessee, and violations of these standards may be used as evidence of negligence. When children are injured in these settings, both the facility and its employees may be held accountable.

Premises liability claims also arise when a child is hurt on someone else’s property. This might involve a swimming pool accident, a fall from unsafe stairs or balconies, a dog bite, or exposure to toxic substances such as mold or lead paint. Tennessee law requires property owners to take reasonable steps to secure dangerous areas and to prevent foreseeable harm, especially when children are likely to be present.

Product-related injuries are also common in child injury cases. Defective toys, furniture, playground equipment, or cribs can cause serious harm. When a manufacturer fails to design safe products or fails to include proper warnings and instructions, they may be held liable under product liability law.

Sports and recreational injuries can also result in legal claims when they are caused by the negligence of a coach, instructor, or facility operator. While some level of risk is inherent in sports, injuries caused by unsafe equipment, lack of supervision, or disregard for safety protocols are often preventable and may give rise to a legal claim.

Evaluating the Impact of a Child’s Injury

Children who suffer serious injuries may face a lifetime of challenges. The physical consequences can include broken bones, head trauma, spinal injuries, disfigurement, or permanent disability. Equally important are the psychological and emotional effects. A traumatic event can lead to anxiety, depression, sleep disturbances, and behavioral changes. In cases involving scarring or disfigurement, the emotional toll may affect the child’s confidence and social development.

Beyond the emotional and physical pain, there are often financial concerns for families. Parents may face steep medical bills for hospital stays, surgeries, therapy, and ongoing care. They may need to take time off work to care for their child or arrange for special education or accommodations at school. In some cases, a child’s ability to earn income in the future may be diminished, requiring vocational assessments and expert evaluations to calculate long-term economic loss.

At The Law Offices of John Day, P.C., we work with pediatric specialists, rehabilitation experts, psychologists, economists, and life care planners to fully assess the impact of a child’s injuries. We take the time to understand your child’s unique needs so that we can pursue a settlement or trial verdict that reflects not just current losses, but those that will arise over a lifetime.

The Role of Insurance in Child Injury Cases

Recovering compensation often involves navigating complex insurance issues. If the injury occurred in a car accident, the responsible driver’s liability insurance may provide coverage. If the at-fault driver is uninsured or underinsured, the family’s own automobile policy may include coverage under uninsured or underinsured motorist provisions.

In premises liability cases, the property owner’s homeowners or commercial liability policy may apply. For daycare or school-related injuries, the facility may carry liability coverage, although sovereign immunity may affect claims against public schools. Product defect cases typically involve liability insurance held by manufacturers, distributors, or retailers.

Health insurance may cover some immediate medical expenses, but insurers often seek reimbursement from any settlement or recovery through subrogation claims. Our attorneys will work with health insurance providers in hopes to reduce or resolve liens, ensuring that more of the recovery stays with the injured family.

Damages Recoverable in Tennessee Child Injury Cases

Tennessee law allows for a broad range of damages in child injury cases. These include past and future medical expenses, pain and suffering, emotional distress, and disfigurement. If the injury results in permanent disability, loss of earning capacity may be pursued. The child may also recover for loss of enjoyment of life and other non-economic damages.

In addition to the child’s personal claim, parents may also bring a derivative claim for medical expenses they have paid and for the loss of the child’s services or companionship during the recovery period. In wrongful death cases, damages may include funeral expenses and compensation for the loss of the child’s love, affection, and guidance.

Punitive damages may be available in extreme cases involving intentional harm or gross negligence. For example, if a daycare facility repeatedly violated safety regulations or covered up an incident, a court may impose punitive damages to punish the conduct and deter similar behavior.

Steps to Take After a Child Injury

If your child has been injured, your first priority is getting medical care. Follow all treatment recommendations, attend follow-up visits, and keep detailed records of medical appointments, diagnoses, and costs. Document your child’s symptoms and any behavioral or emotional changes you observe.

If the injury occurred on someone else’s property, at school, or under someone else’s supervision, report the incident promptly and request a copy of any written report. Take photographs of the location, any hazards, your child’s injuries, and any relevant objects or equipment involved.

Keep copies of all medical bills, insurance communications, and correspondence with any involved parties. Avoid speaking with insurance adjusters or signing any releases until you have consulted an attorney. Statements made early in the process can be used to minimize or deny your claim.

Our legal team can handle all communications, investigations, and legal filings on your behalf so that you can focus on supporting your child’s recovery.

Why Choose The Law Offices of John Day, P.C.

At The Law Offices of John Day, P.C., we have over 80 years of combined experience handling serious injury and wrongful death cases, including those involving children. We approach each case with compassion, attention to detail, and the determination to hold negligent parties accountable. With offices in Brentwood, Nashville, and Murfreesboro, we are easily accessible to families across Davidson County and Middle Tennessee.

We handle child injury cases on a contingency fee basis, which means there are no attorney’s fees unless we recover compensation for your family. We also advance all litigation expenses, so there is no financial risk to pursuing your case. Our team includes a full-time nurse who helps us understand the medical issues at the heart of these cases, and we regularly consult with pediatric and psychological experts to strengthen your claim.

We know how important your child’s well-being is. That is why we fight tirelessly to obtain results that can provide stability, security, and the resources needed to heal and thrive.

Contact Us Today

If your child has been injured due to the carelessness or misconduct of another party, we are here to help. Call The Law Offices of John Day, P.C. at (615) 742-4880 to schedule a free and confidential consultation. We will listen to your story, explain your legal options, and begin building a case to support your child’s future. Our offices in Brentwood, Nashville, and Murfreesboro serve families throughout Middle Tennessee who need trusted legal representation during one of the most difficult times in their lives.