In a shaken baby syndrome lawsuit, does my attorney have to prove that the defendant intentionally injured the baby?
A: No. Zimmet & Zimmet may accept your case even if the defendant did not intend to injure the baby. We may accept your case if we believe we can demonstrate that the defendant acted negligently or unreasonably in caring for the baby. If the defendant acted intentionally, that person will be liable criminally and civilly for injuring a baby by forcefully shaking it.
If the defendant was instead negligent in caring for the baby, the defendant is only liable in civil court and no criminal penalties can be imposed in shaken baby syndrome cases. Negligent child care is any care that the average reasonable person would not engage in. If a jury finds the defendant was unreasonable or negligent in providing child care, the defendant may be held responsible for that child’s injuries.
Zimmet & Zimmet may represent a baby who was injured and diagnosed with shaken baby syndrome even if the defendant was found “not guilty” in criminal court or if the criminal charges were dropped. If you know a baby who suffers from shaken baby syndrome, you may not need a lawyer, but before you hire a lawyer get the free books and information available at this website. For more information, visit our child injury law practice area and our Florida Child Injury Lawyer Blog.