A personal injury case typically arises from an accident involving adults. But in some cases, children become entangled in similar accidents, even when they play no part in the cause of the accident and don’t fully understand their rights under the law. For this reason, laws often have special rules to protect children from being taken advantage of. As any parent or guardian would tell you, taking care of a child is a very demanding task. You must be aware of every movement they make to avoid accidents. However, some accidents happen through no fault of the parent or child. And if such an accident was caused by someone else’s negligence or mistake, filing a claim against them with the help of a Sugar Land child injury lawyer becomes your best course of action.
While the procedure for receiving compensation for injuries is more complex for underage persons, this does not mean that their justice should be cast aside. Every child has the right to compensation just like any other person in a personal injury accident. This means that they are liable to compensation for all damages that can be filed by an adult, such as:
Apart from the above damages, the parent or immediate guardian can also file a separate claim for monetary compensation to cover the past and future medical bills incurred by the child. In some ways, children are more vulnerable to injuries because of their strength limitations and low pain tolerance. To recover for these damages, the parent has the legal and moral authority to file a claim for past and future medical costs. With the help of a local child injury attorney, a parent or guardian can negotiate this settlement on behalf of the child with the insurance company of the negligent party.
The backbone of any civil litigation case lays in the ability of the plaintiff to prove fault on the Defendant. This is done through the Plaintiff’s production of evidence to the judge or jury. For example, if your child was injured in a car accident, you must produce evidence to show that the particular driver in question was negligent while driving. A police report can support this, as it is a formal government investigation that is widely used in proving fault. With the help of a nearby lawyer with experience in child injury cases, you can hold different parties responsible for the accident based on their areas of jurisdiction. Some of these parties may include:
Statistics have indicated a rise in injury cases sustained by children while at school. While some of them to no fault of anyone else, some of these accidents are preventable by the school. If the injury was caused by the school’s negligence, the school can be held responsible in a child injury case. Some of these accidents include:
These accidents may be prevented if the school has measures in place to protect the students. For example, they may ensure that school buses are regularly maintained and serviced to ensure its roadworthiness. Similarly, the schools must hire qualified employees to oversee children. A child injury attorney in the area may help you receive justice from the school’s management.
Car accidents are among the leading causes of child injuries, not only in our community but also throughout the country. In some cases, children may find themselves as victims of hit and run accidents. Drivers flee from the scene because they do not want to be held accountable. A skilled child injury lawyer can help you find the rogue driver or use your auto insurance to ensure that your child is compensated for his/her injuries.
Daycare for young children has continued to increase in popularity, as today both parents tend to hold jobs. Most of these Daycare facilities operate on a basis where the guardians are expected to pick them up at the end of the day. Should the lives of the children be endangered while under their care, it goes without saying that the daycare may be held responsible for the child’s injuries.
To ensure that children receive the utmost care and protection, the law places upon all the aforementioned parties a duty of protection. This means that they must do everything in their ability to ensure that children are safe and protected under their watch in order to cushion them from foreseeable injury, harm, or in extreme cases, death.
At Lone Star Injury Attorneys, we are mindful of the sensitive nature of young children, and for this reason, we treat you and your child with the utmost respect. Our goal is to offer you aggressive representation in your quest for justice against the negligent parties. We are compassionate to your needs. Feel free to call us today and schedule a free consultation with one of our Sugar Land child injury lawyers.