My Child Was Hurt. Do We Have a Case? What Plata Schott Law Needs to Evaluate a Child Injury Claim
We get more calls about injured children than any other kind, and most of them are from parents we cannot help. Not because the parent is wrong to be upset, but because the injury is not one the law compensates in any meaningful way, and we would be doing the family a disservice by pretending otherwise. This post explains, plainly, what we take, what we don't, and what to have ready if your child's case qualifies.
What kind of child injury cases does Plata Schott Law take?
Catastrophic injuries and deaths. That means an injury that required emergency room, hospital or specialist care and that will affect the child for years or for life: traumatic brain injuries, skull fractures, spinal cord injuries, fractures that needed surgery or that hit a growth plate, drowning and near-drowning, serious burns, loss of a limb, an eye, vision or hearing, injuries from being left in a hot vehicle, sexual or physical abuse by an adult or by a child the school was warned about, and wrongful death. Where it happened matters less than how serious it is: school or daycare, a pool, a car, a dog bite, a trampoline park, an apartment complex.
What child injury cases does the firm not take?
Minor injuries. Bumps, bruises, scrapes, black eyes, a bite at daycare, a sprain, a cut that needed a bandage, a child who was pushed, tripped, hit with a thrown object, or frightened. A parent recently called because her daughter was hit with a cracker at school. That is a conversation with the teacher, not a lawsuit. We also do not handle bullying, discipline, suspension, grades, IEP or 504 disputes, or complaints about a teacher's attitude, unless they ended in a serious physical injury. If your child has not been seen in an emergency room, urgent care or by a specialist, we are almost certainly not the right firm, and no amount of describing the incident will change that.
Why the hard line? Two reasons. Florida only compensates measurable harm: medical bills, future care, permanent impairment, pain and suffering tied to a real injury. A child who healed in a week has very little of that. And the cost of proving a case, especially against a school district with sovereign-immunity caps of $200,000 per person, is the same whether the injury is a bruise or a brain injury. We only take cases where the recovery can actually help the child.
What do you need from me to evaluate my child's case?
Five things. You do not need all of them to call, but the more you have, the faster we can answer.
Medical records that show the injury is serious. ER or hospital discharge papers, imaging results, the specialist's notes, surgery records. A diagnosis from a doctor, not a description from you.
The incident report from the school, daycare, business or police, and the date, time and exact location.
Photos and video: the injury (from the first day and as it heals), the scene, the equipment, the pool gate, the vehicle.
Names: the adults who were supposed to be supervising, any witnesses, the other child or adult involved, and the insurance company if you already have a claim number.
Your written communications with the school, daycare, landlord or business before and after the incident, and any waiver or enrollment agreement you signed.
If you have those and the injury is on the list above, call us. The consultation is free, and we will tell you within the first conversation whether it is a case we can take.
What should I do right now if my child was seriously hurt?
Get medical care first. Then ask the school, daycare or business in writing to preserve all video and reports. Photograph everything. Do not give a recorded statement to anyone's insurance company, and do not sign anything. Florida's deadline for most negligence claims is two years from the injury, and it does not pause because the victim is a child; if a government agency is involved, written notice is required much sooner. More on how these cases work: Jacksonville child injury lawyer.
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