Most attorneys and law firms that you will find on the internet are interested in defending people accused in a criminal case of shaking a baby.
Not the Keane Law Firm.
We are here to represent the baby, not the criminal defendant.
Chris Keane and the Keane Law Firm help shaken babies and their families to recover money in civil court so that they can have the financial resources available to hire the attendant care help and rehabilitation services which they will need to live the remainder of their lives.
This does involve taking money from the person who shook the baby and those who could have prevented it in order to correct the injustice that was done to the shaken baby, and the Keane Law Firm is very familiar with the processes involved in civil Shaken Baby cases.
Civil lawsuits involving shaken baby syndrome will focus on a number of different issues than criminal cases. Civil lawsuits focus on issues of negligence, not crimes. That means that it is never necessary in a civil negligence case to prove that someone "intended" to injure the baby, only whether a person or employee failed to use reasonable care in handling a baby.
A person charged with criminal child abuse for allegedly shaking a baby may be successful in avoiding a criminal conviction for a number of reasons, but that doesn't mean that he or she should be held responsible, or liable, to your baby in a civil case because a civil jury may find that the person unintentionally orcarelesslyfailed to use reasonable care in handling your shaken baby.
Also, there will be no need to prove "beyond a reasonable doubt" who shook the child. A term called "preponderance of the evidence" comes into play in civil cases. This legal term is defined as "more likely than not", meaning that the person sued in a civil lawsuit was the person who shook the child.
Here's an example: A prosecutor or district attorney may choose not to proceed with a prosecution because she feels that she simply cannot prove "beyond a reasonable doubt" that the person arrested for shaking the baby was the person who did it. That may be due, in part, to an inability to prove a precise time at which the injury was inflicted. Maybe the treating physician didn't have the knowledge to be able to provide such an opinion, or maybe the prosecutor or district attorney's office was unable to hire an expert physician for financial reasons.
While this may be discouraging to you as a parent, guardian, or family friend of the shaken baby, don't worry because you can still do something to help the shaken baby. You do not need a criminal prosecution in order to file a civil lawsuit on behalf of the shaken baby. Whether your local prosecutor or district attorney prosecutes a person successfully, or not, is not important to The Keane Law Firm.
We can represent a shaken baby in civil court even if a criminal defendant is found not guilty, or if a prosecutor does not go ahead with a trial.
Also, unlike the prosecutor or district attorney, The Keane Law Firm is not limited to calling only the treating physician or coroner/medical examiner as a witness to prove the timing of the shaken baby injury. We can hire some of the top physicians in the country to prove the timing of the injury.
The Keane Law Firm is not constrained by the same financial budgets as a prosecutor or district attorney. We retain the top experts in the country to work on a shaken baby syndrome case, and will do the same for your shaken baby.
If you have any questions or concerns about what can be done to help babies who have been shaken, or families of babies who have died, please call Christopher Keane and The Keane Law Firm toll-free for free consultation at (888) 592-5437 (KIDS), click on contact us here, or use the web form provided at http://www.keanelaw.com