Houston Child Injury Lawyers
Contact Bivona Law immediately if your son or daughter sustained injuries because of someone else’s misconduct. As the parent or legal guardian of a child under 18, you are entitled to pursue legal action on their behalf.
Discovering your child’s injury is due to another person’s careless actions can be traumatic. You want your child to receive the best treatment so they can recover and cope with what happened. Managing your child’s care while trying to hold the at-fault party liable can be overwhelming.
Bivona Law is ready to advocate for your child and pursue the justice they deserve. Call us at 832.835.6491 for a free consultation today to learn more about how we can help.
Common Causes of Child Injuries
Children can get hurt in various circumstances. The most common causes of child injuries include:
- Accidents at school – No parent should worry about their child’s safety after dropping them off at school. However, inadequate supervision, negligent teachers, and poorly maintained facilities can lead to injuries. Young children and teenagers can get hurt whether they’re walking to the cafeteria, using tools or equipment in class, or participating in an organized sport. The administration or a specific individual can be liable for accidents occurring on school property.
- Childcare accidents – Injuries can arise while children are in someone else’s care. A daycare employee or babysitter might be at fault for an accident if they didn’t supervise your kid properly. The childcare facility can be liable for unsanitary conditions or poorly maintained equipment.
- Motor vehicle accidents – Children can sustain an injury on their way to school, whether in a parent’s car, on a bike, or while walking. A driver can be at fault for a crash if they run a red light, drive above the speed limit, or engage in other negligent behavior. Accidents can also occur while children ride the bus. The bus driver might be liable if their actions contribute to a passenger’s injury.
- Child abuse – Child abuse can occur in numerous situations. You can pursue legal action against the person who abused your child, whether the incident was at a daycare, school, or another place.
- Defective products – Products can contain defects, leading to the user’s injury even if the products are used as intended. Defects in children’s products, such as toys, playground equipment, strollers, and furniture, are dangerous. Manufacturers can be liable for supplying defective products to the public.
- Sports injuries – Sometimes, kids get hurt while playing sports. It doesn’t necessarily mean someone is to blame. However, if the injury is due to dangerous property conditions, a coach’s negligence, or another wrongful act, the child might be entitled to compensation.
- Dog bites – The one-bite rule applies to dog bite injuries in Texas. That means an owner is liable for their dog attacking someone without provocation if they don’t secure their dog at a location other than their real property or know their dog is dangerous. A child must sustain a serious bodily injury for a parent or legal guardian to be eligible to file a claim according to the one-bite rule.
- Accidents at swimming pools and amusement parks – Children often participate in recreational activities on public property. Swimming pools and amusement parks with defective equipment, inadequate maintenance, and other problems can endanger kids’ lives.
Common Types of Child Injuries
Kids of any age can get hurt because someone else behaved carelessly or negligently. Injuries range from minor to life-threatening. The most common child injuries include:
- Internal injuries, such as bleeding and organ failure
- Broken bones
- Electrical shock
- Nerve damage
- Spinal cord injuries
- Traumatic brain injury and other head injuries
- Burn injuries
- Exposure to hazardous substances
The harm children suffer isn’t always physical. Sometimes, the psychological effects of an accident can outlast visible wounds. Mental illnesses like anxiety, depression, and post-traumatic stress disorder (PTSD) are common after traumatic incidents.
Compensation for Child Injuries
Minors can’t pursue legal action for an injury. If you are the parent or legal guardian of an injured child, you can file an insurance claim or lawsuit on your child’s behalf.
The compensation you receive in a personal injury case might cover:
- Pain and suffering your child endured
- Ambulance services, prescriptions, rehabilitation, and other medical bills you receive
- Mental anguish your kid experienced due to the incident
- Lost earning capacity from a permanent or disabling condition preventing your child from working later in life
- Physical impairment or disfigurement
- Damage to personal property during the accident
Exemplary damages are also recoverable in a personal injury lawsuit. To be awarded these damages, you must show clear and convincing evidence of the defendant’s malice, fraud, or gross negligence.
As a parent, it is your right to determine how to manage your child’s compensation. The money you receive on their behalf can go into a court registry for your son or daughter to collect when they turn 18.
If you worry about irresponsible spending, choosing an annuity or trust for the benefit of your child can be beneficial. Your child can receive funds from the annuity or trust once they’re old enough to legally access the account. You can set up an annuity or trust to pay on a schedule to prevent your kid from spending all the money at once. You can also allow funding for college tuition and expenses or when your child turns a specific age or reaches a milestone in life.
Statute of Limitations for Child Injuries
In Texas, the statute of limitations allows a two-year timeframe to file a personal injury lawsuit. That means you must file a lawsuit on your child’s behalf within two years of the accident date. However, if your son or daughter wants to pursue legal action when they turn 18, the statute allows a two-year timeframe from the date of their 18th birthday to initiate a lawsuit.
A statute of repose might apply to a product liability case. The statute of repose allows a fifteen-year timeframe to file a product liability lawsuit. You must file suit within fifteen years of the date the defendant sold you the product.
How Bivona Law Can Help
We can handle every aspect of your case, from filing an insurance claim or lawsuit to negotiating a settlement or arguing the case in court.
When you come to us, we will assist you in finding the treatment your child needs. We will locate chiropractors, hospitals, imaging centers, pain management doctors, and other facilities near you. We can also communicate with all medical providers to ensure they send the bills to the appropriate insurance company for payment.
When your child finishes treating their injury, our team will proceed with necessary tasks, such as:
- Discussing any liens with hospitals and trying to reduce them to save money
- Verifying the bills you owe for medical care and negotiating a lower balance
- Hiring an accident reconstruction expert, vocational rehabilitation consultant, and other experts to assist in strengthening the case
- Requesting copies of all medical records to submit to the insurer as evidence of your injury
- Preparing and sending a demand letter to the insurance carrier and negotiating a settlement
- Filing a lawsuit if settlement negotiations are unsuccessful or the insurance company denies the claim
- Representing your child during every stage of a lawsuit, including litigating the case in court
Contact a Child Injury Lawyer in Houston, TX, Now
Watching your child in pain and struggling to recover is heart-wrenching. Someone else is responsible for what happened and should face the consequences. Bivona Law will help you fight to hold the at-fault party liable and pursue the maximum possible compensation.
If someone’s negligence caused your son or daughter’s injury in an accident, call us at 832.835.6491 for a free consultation today.