When an accident involving your child occurs because of another person’s negligence, it can be a devastating experience. Nothing is more excruciating than watching your child suffer from severe injuries. When trusted by a parent, guardians or caretakers should do everything to protect the child they are caring for.
Many parents file accident claims when a caretaker or guardian fails to protect a vulnerable child. However, there may be other reasons why a parent takes legal action. If your child suffered injuries under the supervision of daycare staff, a school administrator, or a babysitter, the court could hold them liable by working with a dedicated injury attorney. Contact a Houston child injury lawyer right away if you need help filing a claim for compensation.
Common Causes of Accidents Involving Children
Suffering severe injuries is a traumatic for adults, but accidents can be even more devastating for children. They are not only more susceptible to life-altering injuries because of their size and lack of awareness, but they are also likely to suffer psychological trauma after the incident. Some of the most common accidents that involve children include:
- Motor vehicle accidents
- Furniture unexpectedly falling
- Swimming pool accidents
- Accidents after a dangerous item like a firearm is within a child’s reach
- Exposure to hazardous chemicals
- Dangerous falls and playground accidents
Rigorous investigation and evidence review are crucial for the success of negligence claims involving children. A claimant will also need to utilize effective communication, negotiations, and litigation skills for the best potential outcome. A hard-working Houston juvenile accident attorney could help a family analyze the cause of the accident and navigate the complex civil claims process.
Liability in Child Injury Claims
When a child is involved in an accident and sustains severe injuries, recovery can be expensive. Since medical treatment is so costly, the insurance company for the defendant will often try attempt to pass responsibility for the accident on to the child or a third party.
Insurers commonly attempt to settle a claim quickly and award low amounts of compensation. A seasoned attorney in Houston could handle the communication and negotiations with insurers regarding a child injury claim to help a family get the best results.
Filing a Civil Claim in Child Injury Cases
The statute of limitations in personal injury cases requires that a plaintiff file a claim within two years of the accident. Failure to sue within the statute’s guidelines could have negative consequences on the case outcome and financial compensation. However, there are exceptions in cases that involve minors.
According to Texas Civil Practice and Remedies Code Section 16.001, the two-year time period does not begin until a child’s 18th birthday. After a child turns 18, they will have two years to file a claim. The ability to file a lawsuit will expire on their 20th birthday. The regulation also has exceptions for those suffering from mental incapacitation.
Several factors could change the deadline, as well. It is best to file a case quickly to avoid delays or problems. An experienced lawyer in Houston could answer questions specific to a plaintiff’s situation and help file a child accident claim within the statute’s requirements.
Call a Seasoned Child Injury Attorney in Houston
When a child sustains a severe injury, the event often has a catastrophic effect on their parents and extended family. When your child’s medical care, health, and well-being are your priority, dealing with insurance companies and the civil court process can feel overwhelming.
A diligent attorney could handle the communications, negotiations, and legal filings relevant to your case and allow you to focus on your young one. If someone else’s negligence caused an avoidable accident, contact an experienced Houston child injury lawyer to begin your claim.