Mansfield Child Injury Lawyer
Accidents can happen to anyone, including children. However, some specific injuries and causes are particularly relevant to children. If your child or someone you love has been injured in an accident, intentional act, or as a result of a defective product, you and the child may be able to seek compensation for the child’s injuries. Compensation will not heal the traumatic emotional impact the child has experienced but will provide it and the family with crucial financial assistance.
An experienced Mansfield child injury lawyer can analyze your case and can support you throughout the process of seeking damages from the responsible party and their insurer. A local personal injury attorney knows the legal process and can also serve as an essential resource for you to make sense of what happened, identify the responsible party and provide counsel through each step of the lawsuit.
What are Common Child Injuries?
Children can become injured by doing all sorts of activities, similar to adults. Some of the most common child injuries include school or daycare negligence, recreational activities, animal attacks, defective toys, abuse, drowning accidents, as well as amusement park accidents. In some situations, the child might succumb to their injuries.
In cases involving the wrongful death of a child, the parents could hold the negligent party accountable in court. Speak to a nearby child injury attorney to discuss eligibility to file a claim.
What is Required to Bring a Child Injury Claim in Texas?
Personal injury claims in Texas, including child injury claims, are brought pursuant to the Texas Civil Practice and Remedies Code (CPRC). Per Texas Civil Practices & Remedies Code §16.003 a claim for personal injury must be made within two years of the injury, and the process is complicated and exhausting. Typically, a personal injury claim is based on the negligence of the at-fault party. However, injuries can also be caused by intentional, criminal acts. A plaintiff typically bears the burden of proving their case, and there are several things a plaintiff must show. An experienced child injury attorney in Mansfield can work with its client to understand the process and evaluate their case.
Defendant Owed a Duty of Care to the Child, and they Breached
A plaintiff must show that the defendant had a duty to exercise the level of care that a reasonable person would in such a situation, and the defendant breached that duty by doing something that a reasonable person would not have done in that situation. The duty of care will depend on the relationship between the child and the responsible party; common relationships include:
- Property and pet owners
- Toy and playground manufacturers
- School officials, teachers, and school bus drivers
- Daycare workers, camp counselors, and church leaders
- Health care professionals
- Motorists or other parties to an accident
- Any employee responsible for the care of children
A defendant can breach the duty of care by acting negligently and not meeting the standard of care that a reasonable person would have exercised, or the person can breach as a result of intentional criminal actions, such as abuse.
Defendant’s Breach Legally Caused the Injuries
The plaintiff’s attorney must show that the defendant’s action was the proximate (legal) cause of the plaintiff’s injuries; this is legal causation and is more complicated than simply showing cause-in-fact, and involves foreseeability and potential intervening acts.
Plaintiff Suffered Damages
Children are particularly vulnerable and may suffer severe injuries as a result of someone’s negligence or intentional actions. Several economic and noneconomic damages may be sought in a child injury claim, such as hospital and outpatient expenses, pain and suffering, disability and disfigurement, mental anguish, and loss of enjoyment of life. While compensation cannot fix the physical and emotional pain you and your child will suffer, it will provide financial support to allow you to seek the best care possible for your child.
Schedule Your Consultation with a Mansfield Child Injury Attorney Today
If your child has been injured by someone’s negligent or intentional actions, they should be held accountable. The law provides a process for you to seek compensation to help you and your child recover from this awful incident; however, the process is complicated. A skilled Mansfield child injury lawyer can fight for your family throughout the process to seek just compensation. Schedule a consultation today.