A majority of kids are daredevils. It’s all part of growing up. They will engage in dangerous acts, knowingly and unknowingly, putting their safety at insurmountable risks. But in most scenarios, there is always someone watching over them whether at school, home, playground, park, or even at the supermarket. In other words, there is someone with higher authority who is responsible for their safety. When accidents occur, children are often at risk of suffering serious harm.
Fortunately, some accidents are minor, resulting in non-threatening injuries which only require antibacterial drugs and a lot of hugs and kisses to heal. However, what happens when your child suffers a serious injury that has you rushing to the nearest hospital? For many parents and guardians, they are just accidents. While that is true for some of them, some stem from acts of negligence. In such cases, injured persons have a legal right to compensation under Texas personal injury laws. All you need is a dedicated and qualified Montgomery County child injury lawyer to know whether you have a legal claim or not.
Unlike adults, children are often not aware of the dangers they face while playing or going about their activities. What follows most child-related accidents is serious injuries and sometimes deaths. Apart from the common inherent dangers of cycling and playground activities, children are also exposed to accidents involving motor vehicles and defective products.
In addition to being unique on the part of persons allowed to file a claim on behalf of an injured child, the injuries suffered present complexity in a personal injury case. Because they are still growing up, some injuries may not show up, let alone have any effect on the child until they develop fully. For example, it may be difficult to establish the full effects of a burn injury on a child when they have not yet joined school or been exposed to adult life.
Such injuries may not pose any surmountable challenges to the child immediately, but they may be their greatest hindrance to leading a normal life later. A Montgomery County child injury attorney with specific experience handling such cases is an invaluable asset in ensuring that you determine the true value of your injury claim.
You may bring forward several claims on behalf of your child after an accident. Each is dependent on how the accident occurred. Generally, your child’s Montgomery County injury attorneys should be able to determine the best claim to file for maximum compensation. The most common types of child injury claims you may file include:
Many parents and guardians assume that every product their children come into contact with is safe. It’s common for manufacturers to make errors during the production of goods, and when the same products cause harm to consumers, any party in their chain of distribution may be held accountable. Product liability claims may also be brought forward for harm caused to an unborn child if the mother used unsafe drugs. The Texas Civil Practice and Remedies Code Chapter 82 defines this as a strict liability offense. This means you don’t need to prove negligence to recover compensation.
A medical malpractice claim is brought forward when a patient suffers harm due to the negligence of a doctor or any other medical professional. The failure to observe their duty of care to patients under their watch makes them accountable for the harm caused. Medical malpractices involving children are very common, especially during childbirth. They also happen during normal medical procedures such as surgery and drug administration. An experienced attorney may work with experts to divulge the facts and issues around your case.
Personal injury claims are the widely filed cases in Texas courts. They cover injuries suffered due to the negligent behavior of another party. Mostly, vehicle accidents, slip, and fall accidents, and playground accidents account for a majority of these cases. If your child was injured under any of these circumstances, or any other that you think was preventable, you may have a claim.
One of the most crucial decisions you make following your child’s injury is the person you pick to represent you. Since not everyone who offers their legal services is accredited and experienced, you need to pick an attorney with a proven track record. The Montgomery County child injury lawyers at our firm have been in practice for decades. To speak to us, please fill out our online contact form or call us today.