Due to their age, young children often do not recognize potentially dangerous hazards until it is too late. When preventable childhood injuries occur, a skilled personal injury attorney might be able to help.
As a parent, you could pursue a civil lawsuit against the negligent party responsible for your child’s injury. However, these claims can be complex based on the age of the minor and the limitations a parent has on their ability to represent their child in court. An Allen child injury lawyer could help with pursuing these claims and walk you through the legal nuances that apply.
There are many different situations that could result in serious injury to a child. Small children are vulnerable to harm as they are not as resilient as fully grown adults. In some cases, accidents that are unlikely to result in serious injury for an adult could have life-threatening effects on a child.
Many childhood injuries result from falls, as children are often drawn to structures they can climb on. From dead trees to unsupervised playground equipment, a fall from a significant height could result in devastating injuries.
Unsafe properties also pose a risk to children when they pose attractive nuisances, such as a swimming pool or trampoline. Even if a child is trespassing to reach these hazards, the property owner could still be held legally liable for the minor’s resulting injuries. Additionally, owners of aggressive canines can also be considered legally negligent if their dog bites a child.
Other accidents that could result in harm to a child include motor vehicle crashes. A collision between two vehicles can result in severe injuries to adults and children alike. Even properly restrained children could face serious injuries in a major auto wreck. As the circumstances that could lead to a minor’s harm are varied, it is important to work with a seasoned child injury lawyer in Allen with experience handling different types of civil cases.
In addition to the complex requirements that come with every negligence case, a child injury claim includes some additional challenges. First among these is the statute of limitations. Every civil lawsuit must comply with the statute of limitations, which is the legal deadline to file an injury case.
According to the Texas Civil Practice and Remedies Code Section 16.003, an injured party typically has two years from the date of their accident to bring a lawsuit. Should they fail to do so in the time allowed, the court has the right to dismiss the case permanently.
However, state law also prevents minors from engaging in a personal injury lawsuit. The state presumes that individuals under the age of 18 lack the capacity needed to pursue a complex legal case. For that reason, a minor filing a lawsuit on their own must wait until their 18th birthday. In other words, children have two years from their 18th birthday to file an injury claim with help from a dedicated Allen child injury attorney.
If your child was harmed due to the carelessness of another, the prospect of a civil lawsuit might be the furthest thing from your mind. However, a legal claim could provide your family with the resources needed to cover your child’s medical expenses and ensure their comfort.
If you are ready to discuss your legal options following an injury to your child, there is no time to delay. Let an Allen child injury lawyer review your case and evaluate your child’s potential legal claim. Call right away to get started.
McCraw Law Group