Recoverable Damages in a Child Injury Claim

If someone else’s negligence leads to a m getting hurt, that minor has the same right to seek civil recovery as any adult would under the same circumstances. Their parent or court-appointed guardian ad litem may demand financial compensation for any economic or non-economic form of harm that the accident in question directly caused, including the physical pain and emotional suffering a child experiences due to an accident. However, since injuries sustained by still-developing children have a higher risk of causing long-term harm, civil lawsuits and settlement demands for childhood injuries often need to take a long-term view of recoverable damages. A local child injury attorney could help effectively pursue restitution not only for emergency medical expenses and wage loss suffered by parents while supporting their child’s recovery, but also any future loss of earning capacity, personal opportunities, and enjoyment of life that a permanent disability or disfigurement may result in.

Banner media

What are Frisco Laws Concerning Minor Claimants?

Outside of the potential scope of recoverable losses, there are numerous other ways in which child injury lawsuits work a bit differently than equivalent personal injury claims with adult claimants. First, there are certain situations that constitute grounds for a minor injury claim that would not justify a claim if it were an adult who got hurt, such as when a trespassing child suffers harm due to an unsecured “attractive nuisance,” like construction equipment. Second, the statute of limitations applicable to personal injury claims is more generous when it comes to setting limits on litigation for people injured in childhood.

Under Texas Civil Practice and Remedies Code §16.001, a person being under the age of 18 technically means they have a “legal disability” under Texas state law, which means they can toll the usual two-year filing deadline for personal injury claims until they are 18 years old. Finally, if a child injury claim is successful, any money recovered would not be released to the child’s parent(s) or guardian(s), but instead would be put into a court registry or—based on guidance from a child injury lawyer in Frisco—some other low-risk investment vehicle. The money and any acquired interest would generally then be released to the child once they turn 18.

media

Seek Help from a Frisco Child Injury Attorney

Due to the age of the claimant and the serious long-term impacts these accidents can have, child injury lawsuits tend to be uniquely complicated and especially important to get a positive result from. If you want to effectively pursue a positive outcome on your child’s behalf, seeking professional legal assistance can be highly beneficial. A Frisco child injury lawyer could guide you every step of the way toward seeking appropriate financial restitution for the damages your child suffered. Call today to schedule a confidential consultation.

Frisco Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Get a Free Virtual Consultation
Contact us media
Contact us media
Logo media

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (972) 895-5224.