Children are among the most vulnerable members of society. Minors are often active and curious, but they lack the ability to properly gauge danger and avoid hazards. As a result, the law places an enhanced burden on individuals such as property owners, school operators, and coaches to protect children.
If your child was harmed by a negligent party, you can fight for justice on their behalf. Our Atascocita child injury lawyers are dedicated to protecting the rights of children and families following severe accidents. A seasoned accident attorney can help you prove the other party was negligent and obtain compensation.
Common Types of Childhood Accidents
Though children can suffer injuries in many of the same accidents as adults, there are many types of incidents that are more likely to affect children. For instance, children are the most likely group to suffer injuries in a school bus accident. Other common incidents that may cause injury to a minor include:
- Accidents caused by defective toys
- Bicycle crashes
- Pedestrian accidents
- Dog bites
- Swimming pool accidents
- Sports accidents
The liable party in your case will depend on the type of accident your child was in. For example, in a school bus accident case, the bus driver and school district could be held responsible. Likewise, a dog owner can face liability if their pet bites your child.
If your child was harmed in any of these types of accidents, you should act quickly. After getting your child the medical help they need, you should reach out to a local attorney familiar with injury cases involving minors.
Adults’ Duty of Care to Children
In most personal injury cases, you must prove the at-fault party owed you a duty of care, breached the duty, and caused your injuries. The duty of care adults owe to children is much greater than the duty of care owed to other adults.
For example, adults are generally not able to seek compensation for any injuries sustained while trespassing on a property. However, children often do not understand trespassing laws and may enter another person’s property due to attractive structures such as swimming pools.
Consequently, it is possible to take legal action if your minor child suffered injuries while on another person’s property, even if they were trespassing. A child injury attorney in Atascocita can help you determine the duty of care owed to your child and help you draft a settlement demand.
Critical Laws Governing Child Injury Cases
There are many legal concepts applicable in child injury cases, so it is generally best to work with an experienced attorney. A lawyer can help you keep track of important deadlines, such as the statute of limitations. This law determines how long an injured person has to bring a case to court.
Under Texas Civil Practice and Remedies Code § 16.003, this time limit is usually two years. However, children enjoy an extension to this rule. In these cases, the statute of limitations begins on a child’s 18th birthday. This means you can pursue a child injury claim once you reach adulthood.
Special court rules also apply to insurance claims involving children. The court will hold a hearing called a prove-up to determine whether the settlement amount serves the best interests of your child. Our dedicated attorneys can help you ensure your child’s settlement covers the full scope of their injuries.
Let an Atascocita Child Injury Lawyer Protect Your Child’s Legal Rights
Children cannot legally file a personal injury lawsuit or accept a settlement offer on their own. However, as a parent, you can handle the legal claim on their behalf.
An Atascocita child injury lawyer can help you and your family after a severe accident. Contact us today to schedule a consultation and get started.