A personal injury case typically involves accidents concerning adults. However, there are instances where children are involved in similar accidents, despite not being at fault and having limited understanding of their rights under the law. To protect children from being taken advantage of, special rules and laws are often in place. Taking care of a child is a demanding task, as any parent or guardian would attest. It requires constant vigilance to prevent accidents. However, some accidents can occur without any fault on the part of the parent or child. In such cases, filing a claim against the negligent party with the assistance of a Sugar Land child injury lawyer is the recommended course of action. According to the Centers for Disease Control & Prevention,
Your Child’s Right to Compensation
While the process of obtaining compensation for injuries is more complex for minors, it does not mean that their right to justice should be disregarded. Every child has the right to seek compensation, just like any other individual involved in a personal injury accident. This means they are entitled to compensation for all damages that can be pursued by an adult, including:
- Pain and suffering
- Mental suffering, such as post-traumatic disorders
- Permanent injuries
- Emotional distress
- Disabilities
In addition to these damages, the parent or legal guardian can also file a separate claim to seek monetary compensation for past and future medical expenses incurred by the child. Children are particularly vulnerable to injuries due to their physical limitations and lower pain tolerance. To seek compensation for these damages, the parent has the legal and moral authority to pursue a claim for past and future medical costs. With the guidance of a Sugar Land child injury attorney, the parent or guardian can negotiate a settlement with the negligent party’s insurance company on behalf of the child.
Proving Fault in a Child Injury Accident in Sugar Land
The foundation of any civil litigation case rests on the plaintiff’s ability to establish fault on the part of the defendant. This involves presenting evidence to the judge or jury. For instance, if your child was injured in a car accident, you need to provide evidence demonstrating that the specific driver involved was negligent. A police report can serve as supporting evidence, as it is an official government investigation commonly used to establish fault. With the assistance of a local lawyer experienced in child injury cases, you can hold various parties accountable for the accident based on their respective areas of responsibility. Some of these parties may include:
School Management
Statistics have shown an increase in the number of children sustaining injuries while at school. While some of these accidents may not be the fault of anyone else, there are instances where the school’s negligence can be held responsible in a child injury case. Some of these accidents include:
- School bus accidents
- Exposure to hazardous toxins
- Playground injuries
- Slip and fall accidents
Many of these accidents can be prevented if the school implements appropriate measures to ensure student safety. For instance, regular maintenance and servicing of school buses can help ensure their roadworthiness. Similarly, hiring qualified staff to supervise children is crucial. If you believe the school’s management was at fault, a child injury attorney in Sugar Land can assist you in seeking justice.
Car Owners & Drivers
Car accidents are one of the leading causes of child injuries, both in our community and nationwide. In some cases, children become victims of hit and run accidents, where drivers flee the scene to avoid accountability. A skilled child injury lawyer can help you locate the responsible driver or utilize your auto insurance to ensure your child receives compensation for their injuries.
Daycare
The popularity of daycare facilities for young children has been on the rise, as many parents work outside the home. Most of these daycare centers operate on the expectation that guardians will pick up their children at the end of the day. If a child’s safety is endangered while under their care, it is evident that the daycare may be held liable for the child’s injuries.
A Sugar Land Injury Attorney Can Safeguard Your Child
To ensure that children receive the utmost care and protection, the law places a duty of protection upon all the parties mentioned above. This means they must take all necessary measures to ensure children are safe and shielded from foreseeable harm, injury, or, in extreme cases, death.
At Lone Star Injury Attorneys, we understand the sensitivity surrounding young children, and we treat you and your child with the utmost respect. Our objective is to provide aggressive representation in your pursuit of justice against the negligent parties. We are empathetic to your needs. Please don’t hesitate to contact us today and schedule a free consultation with one of our Sugar Land child injury lawyers.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
