When a child suffers an injury from an accident, such as a car crash, medical malpractice, or a slip and fall, protecting injured children becomes crucial. In Houston, Texas, personal injury laws are designed to safeguard these rights, but navigating the legal process can be complex. Here’s what parents need to know to ensure their child’s rights are fully protected after an accident.
Common Causes of Injuries to Children
Children face injuries from various situations. Some common causes include:
- Car Accidents: Improper use of child safety seats or seat belts often results in serious injuries during car accidents.
- Medical Malpractice: Issues such as birth injuries, surgical errors, or misdiagnosis can lead to long-term health problems.
- Premises Liability: Unsafe conditions on properties, like slip and fall accidents, swimming pool incidents, or playground injuries, frequently cause harm.
- Dog Bites: Children are especially vulnerable to severe physical and emotional trauma from dog bites.
Understanding the cause of your child’s injury is the first step toward seeking justice and compensation.
Special Legal Protections for Injured Children in Texas
Texas law offers specific protections for injured children due to their unique vulnerabilities. Here’s how cases involving children differ from those involving adults:
- Extended Statute of Limitations: In Texas, children have until two years after turning 18 to file a personal injury claim, unlike adults who generally have two years from the date of the injury.
- Guardian or Next Friend Representation: A parent or legal guardian, known as the “next friend,” must represent the child in legal matters.
- Court Approval of Settlements: Settlements for children typically require court approval to ensure the terms are in the child’s best interest. The court might also set up a structured settlement or trust to protect the child’s future financial needs.
Types of Compensation Available for Injured Children
Injured children may be entitled to various types of compensation based on the injury’s nature and severity:
- Medical Expenses: This includes costs for past and future medical care, surgeries, rehabilitation, and specialized treatments.
- Pain and Suffering: Non-economic damages may be awarded for the child’s physical pain and emotional distress.
- Long-Term Care Needs: Severe injuries leading to permanent disabilities may warrant compensation for ongoing care or home modifications.
- Loss of Earning Capacity: If the injury affects the child’s future ability to work, damages may be awarded to cover potential lost earnings.
Steps to Take After a Child Is Injured
If your child is injured, taking immediate action is vital:
- Seek Medical Care Immediately: Get prompt medical attention for your child’s health and to create a record of the injuries. Keep all medical records and follow treatment advice.
- Document the Incident: Gather evidence from the accident scene, including photos, witness statements, and reports from authorities or property owners.
- Contact a Personal Injury Lawyer: An experienced lawyer specializing in child injury cases can help navigate the legal process, gather evidence, and negotiate with insurance companies.
Why You Need an Experienced Lawyer
Child injury cases are complex and require specialized legal knowledge. A qualified personal injury lawyer can:
- Investigate the Cause: Your lawyer will thoroughly investigate to determine who is responsible for your child’s injuries.
- Negotiate with Insurance Companies: Insurance companies may offer low settlements. Your lawyer will work to secure fair compensation.
- Protect Your Child’s Future: Your lawyer will ensure any settlement is structured to safeguard your child’s future financial needs, especially in severe or permanent injury cases.
Protecting the rights of injured children in Houston requires a clear understanding of Texas laws and the unique challenges these cases present. By working with an experienced personal injury attorney, you can ensure your child receives the necessary compensation and care for their recovery and future.