The thought of your child suffering a serious or life-threatening injury could be too much to bear. Unfortunately, these injuries can occur without warning. When these accidents are preventable, you could have a claim for compensation against the responsible party. A dedicated personal injury lawyer could advise you on how best to proceed with this claim.
There are aspects of filing a child injury claim that differs from many negligence cases. Understanding these differences is important, as they could impact the chance of recovering damages on your child’s claim. A Grapevine child injury lawyer could advise you of the factors that could go into determining the outcome of the claim.
Common Child Accidents
There is no formula for identifying how a child’s injury might occur. Children are small and vulnerable, and their lack of decision-making skills can result in unexpected injuries. Items that are otherwise harmless to adults could be life-threatening to a child.
Many children suffer injuries on the property of another person. From falling into an abandoned well to suffering injuries from exposed wiring, there are countless ways these injuries could happen. The potential for compensation could be available even when a child is trespassing thanks to a legal theory known as the attractive nuisance doctrine. Under this doctrine, a property owner could face liability for the injury to a trespassing child if it occurs due to a hazard that is naturally appealing to a child. Examples of attractive nuisances could be empty swimming pools, abandoned refrigerators, or dangerous animals.
One common cause of childhood injuries is vehicle accidents. Much like with adults, car accidents are one of the most frequent causes of fatal injuries among children. These accidents can have a devastating impact on a child, even when they are properly restrained.
No matter the specific type of accident, the cost of a child’s recovery could be substantial. A diligent Grapevine attorney could help offset the expenses of a child injury by pursuing a civil claim against the responsible party.
For a free legal consultation, call (817) 775-5364
Special Rules for Filing a Child Injury Claim
There is a deadline also known as the statute of limitations, for every type of lawsuit filed in Grapevine. State law typically sets a uniform deadline for each type of case. However, these deadlines can differ substantially when they involve a child’s injury claim.
Texas Civil Practice and Remedies Code Section 16.003 governs the statute of limitations in Grapevine. The general rule is that a plaintiff has two years from the date of the injury to file suit. Should a plaintiff fail to bring their civil action within the two-year window, the defendant is likely to seek immediate dismissal. The court is empowered to dismiss a case that fails to comply with the statute of limitations with prejudice.
These rules are relaxed in certain cases, including when a plaintiff is a person under the age of 18. If a minor suffers an injury, the two-year statute of limitations will only begin to expire once they reach their 18th birthday. This means a child will have until their 20th birthday to file a lawsuit regardless of their age at the time the injury occurs. A dedicated Grapevine attorney handling a child injury lawsuit could assist the family in complying with the statute of limitations.
Grapevine Child Injury Lawyer Near Me (817) 775-5364
How a Grapevine Child Injury Attorney Could Help
When your family is dealing with the fallout of a serious child injury, pursuing a lawsuit could be a low priority. The compensation that could come with a successful claim could relieve a degree of stress from the situation, especially if caring for your child has hampered your ability to return to work.
If your family has questions about how to proceed with a claim, a Grapevine child injury attorney could have the answers. Call right away to discuss your case with skilled legal counsel.
Call (817) 775-5364 or complete a Free Case Evaluation form
