Given their curious nature and rambunctious spirit, parents anticipate their children will get a few bumps and scrapes now and again. As prepared as parents may be for these little mishaps, some accidents are impossible to predict.
If your child was harmed in a serious accident due to another’s negligence, you might be eligible to file a civil injury lawsuit for their injuries. When seeking a skilled legal advocate dedicated to pursuing a claim of this nature, consider an experienced Dallas child injury lawyer.
Filing a Civil Injury Claim on Behalf of a Child in Dallas
State law prohibits minor children from entering into or engaging in legal matters due to their lack of legal capacity established under § 16.001(a)(1) of the Texas Civil Practice and Remedies Code. Two claims can arise in a personal injury case stemming from negligently-inflicted injuries to a child – the parent’s claim to recover economic damages for the adolescent’s injuries and the child’s claim to recover non-economic damages for their injuries including pain and suffering, loss of consortium, and emotional distress. However, because the child lacks capacity to file their claim for non-economic damages, they can either wait and file the claim when they are 18 or have the claim filed on their behalf by a party with legal standing to do so under § 102.003(a) Texas Family Code.
While a parent has standing to file an injury claim on their child’s behalf, they lack standing to enter into a binding settlement agreement, so if the parties want to settle the minor’s claim, they must file a “friendly suit” to do so. A “friendly suit” is filed once the child’s parent and opposing party reach an agreed-upon settlement for the injury claim. A court-appointed attorney then reviews the injury settlement to ensure its terms are acceptable and in the child’s best interests.
For a free legal consultation, call (817) 775-5364
Accidental Injuries Commonly Sustained by Minor Children
Regardless of the type of accident they sustain injuries in, children are at an overall higher risk of suffering severe and potentially fatal injuries. Some of the more common types of accidental injuries involved in juvenile injury negligence claims include, but are not limited to, the following:
- Head injuries
- Skeletal sprains and fractures
- Neck strains
- Back and spinal injuries
- Internal organ damage
Whether it is in a low-impact fender bender or a slip and fall, the length of recovery and medical treatment that a child’s physical injuries may require can drastically affect their growth and development. In cases where a child suffers permanent, long-term aftereffects due to their accidental injuries, these ailments can substantially impact their quality of life. A hardworking attorney can identify the consequences of an adolescent’s injury and fight to win the maximum compensation available to them.
Dallas Child Injury Lawyer Near Me (817) 775-5364
Contact a Dallas Child Injury Attorney for Help Today
When a child suffers serious injuries due to someone else’s negligence, it can have a devastating impact on a parent’s mental and emotional well-being. In addition to the anguish that an injured child’s parent might experience, the extensive costs associated with their medical care and treatment can place a substantial financial burden on families.
No matter the severity of your child’s injuries, you could receive financial compensation for your losses. To learn more about your legal options, reach out to a Dallas child injury lawyer to schedule your risk-free consultation today.
Call (817) 775-5364 or complete a Free Case Evaluation form
