If you are a parent, it can be difficult to see your child injured due to a preventable accident. Whether they were hurt on the playground or at a childcare facility, you may be able to legal action against the parties responsible. If your child has been injured due to the carelessness or negligence of another person, call a dedicated personal injury attorney today.
Working with a Sherman child injury lawyer could help you recover compensation for your all your losses. Give us a call today to speak with a legal professional about your case.
When a minor sustains an injury in an accident, it is considered a child injury. Texas Family Code Sec. 101.003 states that a minor is someone younger than years of age who is not and has not been married.
Children are often active and curious, making them more vulnerable to injuries than adults. One common cause of injury to minors is defective toys. Children might also be involved in dangerous incidents such as:
Childhood accidents such as these have the potential to affect a person as an adult. A local attorney could analyze the cause of a child injury to determine who the liable parties are.
Determining liability is one of the most important aspects of a child injury case. To establish negligence, one must show that the at-fault party owed a duty of care to the minor. Further, the filing party has to demonstrate that there was a breach in the duty of care that directly caused the accident.
If the attorney can establish a direct link between the accident and the child’s injuries, compensation may be available. Working with a child injury lawyer can be beneficial in the process of recovering monetary damages.
Once negligence has been established, a lawyer could help both parents and children recover damages. An attorney could also represent an adult pursuing compensation for an injury sustained during childhood.
Economic damages may cover financial losses such as hospital bills, lost income, and property damage. Non-economic damages might include, pain, suffering, or loss of enjoyment of life.
Though the injured party is permitted to seek both economic and non-economic damages, parents may only recover compensation for expenses paid due to the child’s injury while they were a minor.
If the injured person or their parents miss the filing deadline, they may be unable to collect damages. In this state, parents and legal guardians often have two years from the date on which the injury occurred to sue for their economic damages.
The injured person, however, has two years from the date they turn 18. There may be exceptions to these time limits, so it is important to contact a child injury attorney with knowledge of the state laws governing these types of cases.
The legal concepts involved in a claim for an injury to a minor can be complicated, especially for those with little legal experience. If you believe you have a valid claim, you should speak with a Sherman child injury attorney as soon as possible. Our attorneys could work with you to fight for the compensation you need.
McCraw Law Group