Lack of knowledge and experience naturally makes children more susceptible to injuries. As adults, we have a duty to act within a reasonable level of care to protect children from harm. However, many injuries to children can be the result of negligent individuals, property owners, and manufacturing companies. The effects of an injury can be devastating to a child both physically and mentally. As a parent, the safety of your children is a top priority. When minors suffer injuries due to the careless or reckless actions of others, children and their families have a right to demand compensation for injuries and associated losses.
A Pasadena child injury lawyer can help you hold the at-fault parties accountable for their actions. From collecting evidence to aggressively negotiating with a defendant’s insurance company, a dedicated personal injury attorney could help you find justice for your children.
Personal Injuries Children Commonly Face
Children face exposure to many of the same hazards as adults and they are owed the same duty of care. People who fail to take normal safety precautions are liable for their injuries. Drivers must operate their vehicle safely, business proprietors must keep their land reasonably free of hazards, and people in positions of trust should protect children in their care.
Texas law places an enhanced duty on adults to protect children in certain situations. Generally, a landowner has no duty to protect a trespasser from accidental harm. However, if the defendant’s land contains an attractive nuisance, such as a swimming pool, playset equipment or a trampoline, these landowners must take special precautions to prevent children from trespassing. When precautions aren’t taken, accidents can, and do happen. It can be difficult to ascertain who is responsible for your child’s injuries on your own. Liable parties can range from property owners to playground equipment manufacturers. Our experienced child injury lawyers can help investigate the incident to prove the appropriate party’s negligence.
Children’s Rights to Demand Compensation
Children have the same rights as adults to demand compensation for their losses. However, the law states that injured children under the age of 18, cannot enter into contracts. Compensation for their injuries must be pursued through claims brought by their parents or legal guardians. Settlement proceeds for minors are invested and held in trust for the child within the registry of the court or through a private company approved by the court. The trust will remain in the child’s name until adulthood.
Courts in Pasadena must also hold special hearings to approve a minor’s personal injury settlement, even if the case settles prior to filing a lawsuit. The purpose of these hearings is to examine whether the settlement terms are in the best interest of the child. The courts generally appoint an independent attorney ad litem to represent the interest of the child separate from those of the parents. A Pasadena child injury attorney at Haines Law will aggressively negotiate with the defendant’s insurance company to get the settlement your family deserves.
Let a Pasadena Child Injury Lawyer Fight for Your Child’s Future
Anyone who has suffered a personal injury because of the negligence of another deserves compensation for their losses, including children and their families. Thankfully the law defines specific circumstances in which children have a right to extra protection extending beyond those of adults. Even with the additional protection in place, laws in Pasadena can complicate personal injury claims when the plaintiff is a child. A Pasadena child injury lawyer can help parents and children hold negligent parties responsible for their actions, usually through a settlement without an extended court battle. If you are looking for an attorney who will partner with you to advocate for your child, contact Haines Law today to schedule a consultation.