Expecting kids to sail through childhood without experiencing their share of falls, bumps, or skinned knees is unrealistic, and younger children tend to be especially accident-prone. When minor children experience a more serious or debilitating injury, however, many parents aren’t prepared for the short-term financial and emotional strain that such a situation can place on the entire family. There also may not be any way to reasonably anticipate how the injury might continue to affect children even after they reach adulthood.
Because accidents are so often regarded as “just part of being a kid”, parents may not realize that a lot of the injuries children experience could have been prevented or mitigated if others had not been negligent in some way. As a result, they may never realize they have a legal case that could lead to compensation for them or their child.
Personal injury cases generally share the same foundational claims regardless of whether the victim is an adult or a child, but there are also some critical differences that can present challenges for anyone who is not experienced in handling cases that specifically involve children.
Grounds for a Child Injury Case
On a fundamental level, child injury cases are similar to personal injury claims for adults in that they provide legal recourse for individuals who believe that the injuries they suffered occurred due to another person’s negligence. If they can demonstrate that an injury was preventable or would have been less severe if the defendant had adhered to certain legal obligations, then they can be awarded damages to compensate for losses incurred as a result of the injury.
There is some overlap in what kinds of injuries can be considered grounds for a successful case–particularly in motor vehicle accidents, since many child passengers are involved in accidents along with adult drivers. Other incidents more commonly involve children because they are comparatively more vulnerable to injury. Some of these incidents include:
Compensation for child injury cases is not usually awarded in the same manner as it is in personal injury cases involving adults, due to the fact that life circumstances for adults and children differ in several important ways.
Laws concerning child injury cases vary from state to state. An effective attorney should have a solid understanding of how to handle child injury cases under Texas law.
If you believe that you have a child injury claim in the state of Texas, Drew Bivona can help you get the help you and your child deserve. Call or visit our office in the heart of Houston for a free consultation.
Expecting kids to sail through childhood without experiencing their share of falls, bumps, or skinned knees is unrealistic, and younger children tend to be especially accident-prone. When minor children experience a more serious or debilitating injury, however, many parents aren’t prepared for the short-term financial and emotional strain that such a situation can place on the entire family. There also may not be any way to reasonably anticipate how the injury might continue to affect children even after they reach adulthood.
Because accidents are so often regarded as “just part of being a kid”, parents may not realize that a lot of the injuries children experience could have been prevented or mitigated if others had not been negligent in some way. As a result, they may never realize they have a legal case that could lead to compensation for them or their child.
Personal injury cases generally share the same foundational claims regardless of whether the victim is an adult or a child, but there are also some critical differences that can present challenges for anyone who is not experienced in handling cases that specifically involve children.
Grounds for a Child Injury Case
On a fundamental level, child injury cases are similar to personal injury claims for adults in that they provide legal recourse for individuals who believe that the injuries they suffered occurred due to another person’s negligence. If they can demonstrate that an injury was preventable or would have been less severe if the defendant had adhered to certain legal obligations, then they can be awarded damages to compensate for losses incurred as a result of the injury.
There is some overlap in what kinds of injuries can be considered grounds for a successful case–particularly in motor vehicle accidents, since many child passengers are involved in accidents along with adult drivers. Other incidents more commonly involve children because they are comparatively more vulnerable to injury. Some of these incidents include:
Compensation for child injury cases is not usually awarded in the same manner as it is in personal injury cases involving adults, due to the fact that life circumstances for adults and children differ in several important ways.
Laws concerning child injury cases vary from state to state. An effective attorney should have a solid understanding of how to handle child injury cases under Texas law.
If you believe that you have a child injury claim in the state of Texas, Drew Bivona can help you get the help you and your child deserve. Call or visit our office in the heart of Houston for a free consultation.
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Yes, Texas has a statute of limitations for child injury cases. Generally, you have two years from the date of the injury to file a personal injury lawsuit on behalf of a child. However, there are exceptions and variations, so it's crucial to consult an attorney to understand the specific time limits for your case.
In Texas, you can seek compensation for various damages, including medical expenses, pain and suffering, emotional distress, future medical costs, and loss of earning capacity if applicable. An experienced attorney can help you determine the specific damages relevant to your child's injury.
If your child is injured while attending an off campus after school program, you may have a legal claim. The program has a duty to provide a safe environment, and negligence in fulfilling that duty can lead to a personal injury case. Consulting an attorney experienced in child injury law is essential to assess the specific circumstances and potential liability.
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