When a child sustains an injury in an accident, it can have long-lasting physical and emotional consequences. Additionally, the minor’s family may be burdened with expenses related to hospitalization and other forms of medical care. If your child sustained injuries due to the negligence of another party, you may be able to recover monetary damages for your losses.
Speak with a Sugar Land child injury lawyer today to discuss your legal options. A dedicated personal injury attorney at our firm could help you fight for justice for your family.
Common Types of Accidents Related to Child Injuries
Several types of accidents that could result in severe injuries to minors. Negligent actions by a teacher could cause an incident to occur at school. Additionally, a child could be harmed due to hazardous conditions at someone’s house.
Other situations in which a minor could sustain injuries may include:
- Car accidents
- Swimming pool incidents
- Construction site accidents
- Accidents involving defective toys
A seasoned attorney could inform a family of how the type of accident may impact a child injury case.
Proving Liability in an Accident Claim
In most accident claims, the plaintiff must prove the defendant acted in a way that deviated from the standard of care owed to the child. The claimants must also show that the accident directly caused the child’s injuries. However, the process of determining liability may differ depending on who the defendant is.
For example, if a minor suffers injuries due to a defective toy, their parents could pursue a case against the product manufacturer. Under Texas Civil Practice and Remedies Code § 82.001, sellers and manufacturers are strictly liable for the damages caused by their products.
This means the plaintiff could recover compensation without proving the negligence of the company. A local child injury lawyer could analyze the facts of a case and determine how best to establish liability.
Recovering Damages in an Injury Case Involving a Minor
Accident victims or their parents are permitted to pursue monetary damages under state law. However, the amount of compensation available is dependent on who is benefiting from the claim. If a case is filed on behalf of the minor, there may be more compensation available than if it is filed on behalf of the parents.
In a claim asserted on behalf of the injured minor, recoverable damages may include:
- Current and future medical expenses
- Loss of future earning potential
- Physical Impairment
- Pain and suffering
- Mental anguish
If the claim is asserted on behalf of the parents or guardians, damages may be limited to past medical expenses and lost income incurred due to the child’s accident. An experienced attorney could help plaintiffs determine how to file their child injury case based on the damages they are seeking.
Deadline for Filing a Claim in Sugar Land
Potential plaintiffs must meet certain deadlines to be eligible for compensation. Under Texas Civil Practice and Remedies Code § 16.003, personal injury claims must generally be filed within two years of the accident. Although, there are some exceptions.
For claims asserted on behalf of the injured person, the filing deadline is two years after they reach 18 years of age. A knowledgeable child injury lawyer in the area could help injured parties and their parents keep track of these deadlines to avoid any losing the chance to recover damages.
Contact a Sugar Land Child Injury Attorney Today
If your child was harmed, you should get in touch with an attorney right away. A Sugar Land child injury lawyer could help you collect compensation through an accident claim. Contact us today for a free review of your potential case.