Bradshaw & Bryant

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Minnesota Child Injury Lawyers

50 years of experience fighting for children and their parents when accidents happen

At Bradshaw & Bryant, PLLC we understand the unique challenges in representing children. Injuries to children are frightening in many ways. Children are growing physically and emotionally, which means doctors need to consider how any treatments will affect their future health as well as their current health. Children have difficulty expressing where they’re hurting. Children often don’t appreciate the dangers of many of the activities they participate in. Our Minnesota child injury lawyers have decades of experience holding the people and businesses responsible for accidents accountable. We will fight to protect your child’s future. Call us today to discuss your child’s rights after an accident.

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What types of accidents cause injuries to children?

Children are susceptible to many different types of accidents. Our Minnesota child accident lawyers hold individuals and companies accountable when they fail to take necessary precautions. We have extensive experience handling the following types of negligence that harm children:

  • Car accidents. There are specific laws for the types of seats, restraints, and protections children must have, depending on their size and age. Drivers need to be extra-cautious in residential neighborhoods.
  • Pedestrian and bicycle. Many accidents involving children occur when children are playing in residential areas, riding their bicycles, walking to school, or engaging in other activities common to children.
  • Premises liability accidents. At Bradshaw & Bryant, PLLC, we fight for children who suffer slip and fall accidents, dog bites, and other accidents while on the property of others.
  • Birth injuries. Our Minnesota child injury lawyers represent children who suffer harm due to medical malpractice during pregnancy, during their delivery, and immediately after their delivery. We hold obstetricians and hospitals accountable when their negligence causes cerebral palsy, brachial plexus injuries, hypoxic-ischaemic encephalopathy (HIE), and other types of birth injuries.
  • Defective products. We represent children when manufacturers design, construct, or market products for children that are defective. Some of these products include cribs, items that can cause choking, booster seats, and other faulty products.
  • Other accidents include swimming pool accidents, snowmobile accidents, zipline accidents, consuming poisons, sports injuries, and hotel accidents.

Attractive nuisance doctrine

While homeowners, normally, are not liable for accidents on their property, homeowners can be held liable for accidents to children who trespass based on the “attractive nuisance doctrine.” Children are often attracted to items such as swimming pools and trampolines that they’re curious about.

The doctrine provides that property owners should anticipate that children will enter onto their property because of the attraction and take appropriate precautions to prevent entry or injury. These precautions include fences, locks, playgrounds, covering the attraction, posting warning signs, and other safety measures. The duty to protect a child is based on several factors, such as the child’s age, how dangerous the attraction is, and the cost and ability of the homeowner to protect the child.

What are the different legal and practical issues in representing children in Minnesota?

Generally, parents file personal injury actions on behalf of their child/children. In some cases, a guardian may file the claim.

Our Minnesota children’s accident lawyers work with pediatricians and doctors who work with adolescents to help infants, toddlers, preteens, and teenagers express what happened, what they’re feeling, and what concerns they have.

These doctors should also have the skills and experience to understand how the injuries and treatments will affect the balance of their childhood and their adult lives.

Presumptions about negligence

In Minnesota, certain presumptions regarding a child’s capacity (and lack of capacity) for negligence may apply. Generally, younger children are presumed incapable of negligence, while older children are presumed capable of negligence, but that presumption can be rebutted.

Structured settlements

In Minnesota, the court must approve any settlement where the personal injury victim is under 18 to protect the best interests of the child, because children cannot enter into contracts. Children cannot legally handle their own funds, which means that they must be placed in a trust or a similar legal arrangement to protect the child.

The trustee can be the parent or another third party, such as a bank or another competent financial institution. Generally, the trustee can use the funds to pay for the child’s medical needs and for other specific purposes set forth in the trust agreement. Once your child turns 18, they can receive the entire proceeds and manage them (for medical needs and other purposes). A structured settlement typically involves an annuity that pays your child over time. In some cases, a trust may also be created to manage those funds, especially when long-term care or government benefit eligibility is involved. These can provide conditions, such as providing for your child’s best interests depending on the injuries your child has, your child’s cognitive abilities, and their emotional maturity.

Injuries that won’t fully heal by the time your child turns 18, such as traumatic brain injuries or spinal cord injuries, may require long-term care and, thus, long-term trust agreements. At Bradshaw & Bryant Law, PLLC, we have the experience and professional resources to prepare these structured agreements so your child receives the care that your child needs.

What types of injuries do children suffer from in Minnesota?

Children can suffer many different types of injuries depending on the type of accident. Possible injuries include:

How much is my child’s injury claim worth?

Our Minnesota child injury lawyers fight for your child’s future. We demand compensation for all of their financial and personal damage, including harm that lasts for the rest of their lives. We work with physicians, life planners, and financial experts who can assess the damages.

  • All of your child’s medical bills, including the care for the reasonable complications your child may have
  • The income that parents lose to take care of their children
  • Any scarring or disfigurement
  • The loss of bodily function
  • The inability to enjoy life’s pleasures

Do you have a Minnesota child injury lawyer near me?

Yes. Bradshaw & Bryant, PLLC has an office at 1505 Division Street in Waite Park, Minnesota and in other locations within the state. We discuss cases by phone and through online video consultations. If your child is not able to travel, we can make arrangements to see them at a convenient location. We want to meet both you and your child.

We understand how concerned and anxious you are. We’re prepared to guide you and your child through the claims process.

Contact our Minnesota children’s accident lawyer now

We have 50 years of experience fighting for children. Our lawyers have earned the trust of former clients and the respect of insurance companies and defense lawyers for our compassion for our clients and our strong record of verdicts and settlements. Call Bradshaw & Bryant, PLLC or fill out our contact form today to schedule a free consultation. We represent children and their parents on a contingency fee basis.

Our lawyers represent families in the Twin Cities of Minneapolis-St. Paul and the nearby suburbs. We also advocate for clients across Central Minnesota, including St. Cloud, Brainerd, and Alexandria, and Stearns, Sherburne, Wright, Morrison, and Benton counties.