DeSoto Child Injury Lawyer
No one expects to get a call that their child was injured; it is every parent’s worst nightmare. A traumatic accident involving your child can be devastating to your family. In the aftermath of an incident like this, your primary focus should be helping your child recover. When children are injured, effective representation requires a seasoned attorney that is familiar with the unique circumstances surrounding child injury lawsuits.
When your child suffers injuries because of someone’s negligence, a hardworking injury attorney could help them obtain compensation. Discuss the incident with a DeSoto child injury lawyer to determine the appropriate legal action.
Determining Fault in a Child Injury Case
Children are more susceptible to injuries than adults since they lack the same experience and judgment. Unfortunately, most injuries that children sustain are caused by negligence.
Under the law, adults must act with a reasonable standard of care when dealing with children. That said, when someone fails to take safety precautions and a child is injured, they may be liable for the child’s injuries. Common examples of responsible parties in child accident claims include:
- Landowners
- Manufacturers
- Pet owners
- School teachers and other officials
- Doctors, nurses, and healthcare professionals
- School bus drivers
- Motorists
- Other parents
While it may seem clear who is responsible for the child’s injuries, determining liability in the legal context can be complicated. Hiring an experienced attorney in DeSoto to handle your claim for compensation can help parents focus on what is important–caring for their injured child.
Damages in a Child Injury Case
When a child is seriously injured, they may require expensive medical treatment and follow-up care, and in some circumstances, lifelong treatment. However, when a child becomes permanently disabled, their injury will affect their ability to grow up and live a normal life, often forcing parents to assume their full-time care. Texas law provides that the statute of limitations for personal injury cases involving children is tolled until the child reaches the age of majority. As such, the statute of limitations in child injury cases does not run until the child’s twentieth birthday.
Following an incident involving a child, parents can file an insurance claim or a personal injury lawsuit for damages. A DeSoto child injury lawyer can assist victims and their families in negotiating with insurance companies or filing a claim. When a parent chooses to file a lawsuit on behalf of their child, an attorney can review the circumstances of the case and the nature of the injuries to determine the value of a claim. The parent(s) can then decide whether a settlement with insurance or a lawsuit is the best course of action.
In a child injury lawsuit, children and their parents can obtain compensation for past and future medical care, parents’ lost income or earning potential, and their pain and suffering. Moreover, if the child is permanently disabled due to the incident, the court will consider the child’s future struggles, including loss of earning potential. In Texas, victims may also seek punitive damages in cases involving gross negligence, fraud, or malice.
Contact a DeSoto Child Injury Lawyer
If you live in DeSoto and your child suffered injuries due to another person or entity’s negligence or recklessness, consider contacting a child injury lawyer to handle your case. Our firm has experience representing children in personal injury lawsuits and handling complicated issues specific to child injury cases. While compensation cannot undo the harm to your child, we will do everything in our power to advocate for your child’s legal rights.