For many families, when a child suffers a serious injury in an accident, it is as if the whole world has come to a standstill. In a close-knit family-oriented community like Frisco, Texas, one would naturally expect their neighborhood, the schools their kids attend, and the local parks where they play to be safe havens. However, due to accidents that occur along the Dallas North Tollway, negligence at local daycare centres, or events that occur at The Star, children can sustain catastrophic injuries that can change their lives forever.
Here at Bivona Law, we believe that no family should be responsible for paying for another person's mistake. Seeking compensation for your injured child is not about "getting rich quick"; rather, it is about ensuring your child receives quality medical treatment, education, and a financially secure future. This guide addresses some of the complexities involved with obtaining compensation for your child's injury in Frisco and outlines how we will fight to obtain every penny your child is entitled to receive.
"Damages" is a term used in the legal environment to refer to the monetary award that is given to an injured party so that he or she can be made "whole." Although no amount of money will ever completely erase the pain and suffering caused by a child's traumatic injury, financial compensation serves the purpose of meeting a child's needs and recognizes the fact that a child has endured a traumatic experience.
In Texas, there are two primary types of damages: (1) Economic damages and (2) Non-Economic damages. In addition, when the circumstances of the case show that there was a very high degree of Negligence on the part of the Defendant, a third type of damage, called Exemplary or Punitive damages, may be available. Because children function with a much longer life span than adults, calculating damages for children generally carries much greater significance than calculating damages for adults.
The financial losses resulting from an injury are known as economic damages. These are the "out of pocket" expenses that can be computed using expert predictions, bills, and receipts. These damages frequently serve as the cornerstone of a long-term care plan for a child in Frisco.
This includes every medical cost from the moment of the accident until the child reaches full recovery or maximum medical improvement. In many cases, a child will require care for the rest of their life.
One of the most complex aspects of a child injury case is determining how an injury will affect the child's ability to earn a living as an adult. Since a child does not have a work history, we cannot look at past tax returns. Instead, we work with vocational experts and economists to build a profile of the child’s likely career path.
Factors considered include the parents' level of education, the child's academic performance before the injury, and statistical data regarding career longevity. If a traumatic brain injury prevents a child from attending college or pursuing a high-level career, the defendant is responsible for the gap between what the child could have earned and what they are now capable of earning.
The cost of special education services might be recouped if a child has a physical or cognitive disability that requires them. This could involve enrolling the child in a specialized school in the Frisco region, hiring a private tutor, or using learning-assistance technology.
Non-economic damages are meant to compensate the child for the human cost of the accident. These do not come with a receipt, making them more difficult to calculate, but no less important.
This is the most common form of non-economic damage. It accounts for the actual physical pain the child felt at the time of the injury and the pain they continue to feel during treatment. Juries in Collin County and Denton County take the suffering of a child very seriously.
Children tend to be emotionally vulnerable. An incident may result in long-term psychologically traumatic reactions such as PTSD, night terrors, and new fears around activities they may have previously participated in. Compensation for this type of loss also covers the cost of seeking treatment with a child psychologist or a play therapist; it also recognizes the negative impact on the child's emotional well-being, as they no longer feel safe or at ease.
Many kinds of emotional trauma occur due to the presence of scars on the face or body of a child during early adolescence. As the adolescent child begins to develop thoughts and feelings about their physical appearance/scars, and how they make them feel. All forms of scarring, including those resulting from dog bites, burns, and surgical stitches, are recognized by Texas law as being sources of compensation based on severity and location.
This is often referred to as "loss of enjoyment of life." If a child can no longer play soccer at a Frisco park, ride a bike with friends, or participate in school activities, they have been deprived of the fundamental experiences of childhood. Physical impairment damages compensate the child for these missed opportunities.
At Bivona Law, we do not simply ask for a random amount of money. We use a scientific and data-driven approach to prove exactly why your child needs a specific level of compensation. We frequently collaborate with various experts to strengthen our claims.
These professionals create a detailed document that outlines every medical and non-medical need the child will have for the rest of their life. This includes everything from the number of doctor visits per year to the frequency of wheelchair replacement.
Medical experts provide the necessary testimony to explain the nature of the injury to a judge or jury. They can explain how a brain injury at age five may not fully manifest its symptoms until the child reaches puberty or starts more complex schoolwork.
An economist takes the data from the life care planner and the vocational expert and applies inflation rates and "present value" calculations. This ensures that the settlement reached today will still be sufficient to cover costs twenty or thirty years from now.
Due to restrictions preventing minors from managing their own funds or entering into contracts, the state of Texas has established safeguards to ensure that a minor's compensation is used solely for the minor's benefit.
Once a settlement is proposed, the court will appoint a Guardian ad Litem. This is an independent attorney who reviews the case and the settlement amount. Their only job is to advocate for the child's best interests. They will meet with the parents and the lawyers to ensure the settlement is fair and that the funds are handled correctly.
A "Friendly Suit" is a formal hearing where the settlement is presented to a judge for approval. This is a non-adversarial proceeding. The judge will ask the parents a series of questions to confirm they agree with the settlement and understand that it is final. Once the judge signs the order, the settlement is legally binding.
Many parents wonder if they will receive the settlement check directly. In almost all Frisco child injury cases, the funds are placed into a protected account to prevent them from being mismanaged.
While the child’s individual claim for pain and suffering is usually "tolled" (paused) until they turn 18, the parents' claim for medical expenses is not. In Texas, parents are responsible for their minor children's medical bills. Therefore, the claim to recover those costs must typically be filed within 2 years of the accident.
If you wait too long to contact a Frisco child injury lawyer, you may find yourself personally responsible for hundreds of thousands of dollars in hospital bills with no legal recourse to recover them from the negligent party.
When a child is involved, navigating the legal system becomes much more complicated than it is for an adult. Bivona Law offers the expertise and empathy that Frisco families deserve.
Texas follows a rule of "proportionate responsibility." Even if a child contributed to the accident (for example, by running into the street), they can still recover compensation as long as they are not more than 50 percent responsible. Furthermore, the law often holds children to a different standard of care than adults.
No. The settlement belongs to the child. However, if the child has immediate medical or educational needs that the parents cannot afford, a parent can petition the court to withdraw a specific amount from the registry for the child's benefit.
Every case is different. A simple case with clear liability might settle in a matter of months. However, if the child's medical future is uncertain, it is often better to wait until we have a clear picture of their long-term needs before finalizing a settlement.
Yes. If your child requires therapy to deal with the trauma of the accident, those costs are considered a part of the medical expenses and can be recovered in a settlement or verdict.
At Bivona Law, we are committed to guiding Frisco-area families through difficult times after a severe injury. We handle the legal challenges so you can focus on what’s important: helping your child recover.
If your child was injured as a result of another’s careless act, do not accept less than what they rightfully should receive. Contact us through our website to schedule a free consultation. Let us put our experience to work for your family and help secure the resources your child needs for the road ahead.
