A Louisville Child Injury Lawyer Who Explains What Happened and What Comes Next
When a child gets hurt at a daycare, on a playground, or in a car crash, families sometimes wonder whether anything can be done if no one meant to cause harm. Kentucky law does not require intent. It asks whether the person responsible acted the way a reasonably careful person would have to prevent the injury. That question is often central to whether a family has a claim.
Medical bills, missed school, and worry about lasting effects can pile up fast after a child is hurt. At The Schafer Law Office, a Louisville child injury lawyer can review what happened and explain a family’s options.
Attorney Michael Schafer has been licensed to practice law in Kentucky since 1986, and he has been recognized by Super Lawyers every year from 2021 through 2026. Reach out to tell us what happened.
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The following causes come up often in the cases we review:
That means a family does not have to prove the owner knew the dog was dangerous before the attack.
Liability in a child injury case usually comes down to whether an adult or a business failed at a basic duty. That duty can mean supervising properly, fixing a known hazard, or following safety rules. Kentucky courts also recognize that children often cannot judge danger the way adults can.
So a property owner may face liability for a hazard, like an unfenced pool or old machinery, that would not support a claim if an adult had wandered onto the property. This concept is often called the attractive nuisance doctrine.
Licensed child care centers in Kentucky must follow health and safety standards set by the Kentucky Cabinet for Health and Family Services, including rules on staffing and supervision. A pattern of understaffing or ignored safety rules can support a negligence claim against a center. Public schools raise a different challenge.
Because Jefferson County Public Schools and other public school districts are government entities, they generally hold governmental immunity.
That immunity can limit a lawsuit, and some claims must go through the Kentucky Board of Claims instead of court. Whether the conduct was a basic duty rather than a judgment call left to school staff can also matter.
Taking a few deliberate steps can help protect both your child’s health and any claim that may follow.
They can also help you understand what deadlines may affect your case. Kentucky’s filing deadlines for injury claims are shorter than in many other states, so talking with an attorney early leaves more time for a thorough investigation.
Kentucky’s clock for filing a lawsuit depends on how the injury happened, and the deadlines differ by more than most parents expect. Most injuries, including daycare negligence, playground accidents, dog bites, and defective products, fall under Kentucky Revised Statutes Section 413.140, which sets a 1-year deadline from the date of the injury.
Car, truck, and motorcycle crashes work differently. State law generally gives 2 years from the date of the crash instead of 1, which reflects how Kentucky’s no-fault auto insurance system works. For a child, Kentucky pauses, or tolls, these deadlines while the child is under 18.
That means a child generally has until their 19th birthday to bring a claim falling under the 1-year rule. For a claim arising from a car, truck, or motorcycle crash, the child generally has until their 20th birthday. Parents and guardians are not required to wait that long.
Personal injury lawsuits that seek more than $5,000 are filed in the Circuit Civil Division at the Jefferson County Judicial Center at 700 W. Jefferson Street in downtown Louisville. Smaller claims and certain other matters are instead handled in Jefferson District Court.
A claim against a daycare located in a neighboring county, such as Oldham or Bullitt, may need to be filed where the center operates rather than where the family lives.
Compensation in a child injury case accounts for more than the first hospital bill. Depending on the severity of the injury, a claim may include:
The amount a family can recover depends on the severity of the injury and how it affects the child’s daily life. It also depends on the strength of the evidence connecting the injury to someone else’s negligence. A detailed medical record built early in the case usually makes that connection easier to prove later.
Before representing injured clients, Michael Schafer worked in insurance defense litigation at a Louisville firm. He handled negligence, tort liability, and workers’ compensation matters from the insurance company’s side of the table.
That background gives him familiarity with how insurers evaluate injury claims. Schafer also holds an AV Preeminent peer review rating from Martindale-Hubbell and completed the Keenan Trial Institute’s graduate program in trial advocacy.
He currently serves as the Kentucky Justice Association’s District Vice-President for the Louisville district. Families working with our firm get an attorney who has seen injury cases from both sides of the claim.
Our firm works on a contingency fee basis. That means you pay nothing upfront, and the attorney is paid a percentage of any settlement or award only if the case succeeds. The Schafer Law Office offers a free initial consultation to review your case before you decide anything.
Kentucky follows a rule called pure comparative fault. That means compensation can be reduced by the percentage of fault assigned to your child, but it does not automatically bar recovery the way some states’ laws do. A child’s conduct is also generally measured against what is reasonable for a child of similar age and experience, not against an adult’s standard.
It depends on the type of claim. Buying liability insurance does not by itself remove a school district’s immunity in Kentucky, and claims against a district often have to go through the Kentucky Board of Claims instead of court. An attorney needs to review the type of incident to know which route applies.
Many child injury claims settle before trial, which means your child may never need to appear in court. If a case does proceed to trial, an attorney can discuss ways to limit how much direct involvement your child has in the process.
Accepting a payment or signing anything before understanding the full extent of an injury can limit your options later, especially if symptoms worsen over time. It is worth understanding your child’s full prognosis before agreeing to any resolution.
Age can affect the value of a claim, particularly when an injury may impact a child’s development, education, or future earning capacity. A young child with a lasting injury may have a different long-term impact calculation than a teenager closer to adulthood.
A single incident can involve more than one responsible party, such as a daycare that failed to supervise and a manufacturer whose defective equipment contributed to the harm. Kentucky law allows a claim to name multiple defendants when the evidence supports it.
Kentucky’s rules on who is responsible, and how long you have to act, depend on how your child was hurt. A Louisville child injury lawyer at The Schafer Law Office can review what happened, explain which deadlines apply, and help you understand what your family’s options look like from here.
Contact us today for a free consultation.
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