Wylie Child Injury Lawyer
When children suffer serious injuries, they do not always understand the full ramifications of what has occurred, so it is up to the parent or guardian to take the necessary steps to help their child. In some cases, this includes pursuing a personal injury claim on the child’s behalf. A dedicated personal injury attorney could help both parent and child alike during this difficult time.
If your child has sustained a significant bodily injury due to the negligence of another, they could be entitled to substantial compensation. Treating childhood injuries can be costly, as can making future arrangements for children with life-long disabilities. A Wylie child injury lawyer could answer any questions you have about your child’s claim or the litigation process.
Common Injury Claims Involving Minors
Most child injury claims require proof of defendant negligence. Negligence involves a careless, wanton, or reckless act that results in the injury of another. The most common negligence claims involving children involve car accidents.
Product liability claims are also common in childhood injuries. These claims involve a commercial product that is either inherently dangerous or defective rendering it unsafe for public use. When a child suffers injuries due to a defective product, it is possible to pursue legal action against the manufacturer.
Premises liability claims can also involve children. The law in Texas recognizes a legal theory known as an attractive nuisance. Under this theory, a property owner has a responsibility to remove access to any dangerous hazard on their land that is likely to attract children. This could include anything from empty swimming pools to abandoned wells. The failure to address these nuisances could result in devastating injuries to a child. Parents of injured children should speak with a knowledgeable attorney in Wylie to determine what type of claim their case falls under.
Potential Defendants in Childhood Injury Cases
There are many potential defendants in a child injury claim, depending on the circumstances of the case. Any person that is responsible for the injury could face some civil liability. Common examples of defendants in a child injury lawsuit include:
- Dog owners
- Daycare centers
- Business owners
Identifying the potential defendants is the first step in a child injury claim. An experienced local attorney could help a family determine how to proceed with their child injury lawsuit by identifying the appropriate defendants.
Time Limit to File a Lawsuit
Under Texas Civil Practice and Remedies Code 16.001, a claimant has two years from the date the injury occurred to file a lawsuit. Courts strictly enforce this deadline, often dismissing cases that might otherwise be successful if they are filed after the deadline expires. However, the rules regarding the statute of limitations are different when it the claimant is a minor.
The parents of a minor have the right to pursue legal action immediately following an injury. That said, a child is not limited to the two-year statute of limitations that adults must abide by. The statute of limitations will not start to expire for an injured minor until their 18th birthday. This means anyone injured as a child has until their 20th birthday to bring legal action with the help of a Wylie lawyer.
Speak with a Wylie Child Injury Attorney Today
Your child might have an extended window of time to bring a lawsuit, but that does not mean delaying a lawsuit is wise. It takes time to investigate a claim, and the evidence needed will not always be available later.
If you are considering legal action due to your child’s injury, you could benefit from experienced legal guidance. Reach out to a Wylie child injury lawyer right away to learn more.