Due to their limited senses of judgment, slower reaction time, and inattention in unsafe conditions, children are usually at a higher risk of suffering life-threatening injuries compared to adults. Unfortunately, a majority of these risky situations are brought about by the negligence of other people who are supposed to be responsible for the children’s safety. When neglect results in physical harm, emotional trauma, or the wrongful death of a child, criminal and civil charges may be constituted.
Some of the personal injury cases we see at Lone Star Injury Attorneys are heart-wrenching, especially when they involve minors. Apart from the physical pain and suffering the victims go through, their parents and guardians also suffer untold emotional trauma. Nobody should have to bear the consequences of someone else’s negligent behavior—especially when an innocent child is involved. A compassionate Houston child injury lawyer will understand what is at stake in such cases and fight fiercely to get your child the justice they are constitutionally guaranteed.
In Texas and many other states in the U.S, anyone under the age of 18 years is considered a child. As such, they are not allowed to pursue legal action on their own. Instead, the responsibility of finding justice is shifted to an adult—either a parent, guardian, or any other legally eligible party.
Even when compensation is secured, the money can only be utilized for expenses directly linked to the child. For instance, the settlement may be used to pay for their education, and not the parent’s personal needs. In other cases, the court retains the award until the injured child reaches the requisite age to claim the money. It is important to consult with a trusted Houston child injury attorney to learn how compensation works.
Many scenarios may cause life-changing injuries to children. As mentioned earlier, many of these cases are preventable but for negligence. When someone fails to uphold their duty of care towards others around them, especially children, danger always follows. Common ways that children sustain compensable injuries and harm include:
Regardless of how an accident occurred, our Houston child injury attorneys will work with experts to get to the bottom of a case and establish the circumstances under which your loved one was injured. By doing so, we can establish circumstantial evidence to put the other party at the center of your child’s injury.
Like in other personal injury cases involving negligence, the party at fault is liable for the tangible and intangible losses that an injured child suffers. These damages are spread into three major categories. First, economic damages account for tangible losses to which a monetary value can be easily assigned. Lost wages for the time spent attending to an injured child, past, present, and future medical expenses, rehabilitation costs, and therapy expenses are common examples.
Non-economic losses, on the other hand, cover intangible losses the injured person, and their loved ones suffer after an injury or death. Loss of companionship, emotional trauma, physical pain, and suffering as well as diminished quality of life are some examples. Working with an accomplished Houston child injury attorney is critical to valuing such losses.
Depending on the case and the state where the accident occurs, a family may also be eligible for punitive damages. Though they are only awarded if the case goes to trial, these damages are often meant to punish the party at fault and deter other people from similar negligence.
Knowing your child’s injury stemmed from someone else’s negligence and proving causation are two different things. You need to provide indisputable evidence showing that a duty of care existed, but was breached, causing harm to your loved one. Without proving these elements of negligence, securing compensation may be a struggle.
Do not take chances with your family’s future. Speak with a qualified and compassionate Houston child injury lawyer to obtain justice. Contact our firm today to learn more.