As a parent, you put your child’s safety above everything else, including your own wellbeing. At the same time, you probably look to educate and socialize your child into the world around them, which can expose them to risk.
Your child could be more susceptible to injury in an accident because of their youth. If your child does get hurt, a Hitchcock child injury lawyer from Schechter, Shaffer & Harris, LLP, a personal injury law firm, could help you get compensation from whoever caused the accident.
Common Accidents and Child Injuries
As a part of growing up, your child may go to school with other kids or accompany you and your family to community events, museums, and other enriching experiences. While you should be able to move about the world confident in taking care of your child, accidents can still happen beyond your control.
For example, some common places for child accidents can include public playgrounds, schools, amusement parks, and pools, or any place where a child might interact with other children or be under supervision outside of your purview, especially if supervision is limited to only a few adults.
Both psychological and physical injuries can afflict a child. On the one hand, your child could suffer a head injury, broken bones, and even burns. Childhood injuries can also leave scars and disfigurement, as well as require long-term rehabilitation to regain normal motor control.
On the other hand, an accident can also cause serious trauma and make future development more difficult, as a child can associate experiences with a past traumatic event and become fearful, anxious, and distressed. These kinds of harm can have long-lasting effects on your child and your livelihood in terms of long-term care, reduced quality of life, and resources. These effects are what make seeking out a Hitchcock child injury lawyer a good idea.
Compensation Claims for Child Injuries
Child injuries commonly come from accidents, so a claim you make on behalf of your child will likely involve negligence—the legal responsibility for injuries caused by unreasonable behavior. You will need to provide evidence of who caused the accident and how, as well as how the accident caused your child’s injuries and your legal damages, such as medical costs, pain and suffering, and loss of the relationship for severe cases.
But you will also have to follow Texas-specific rules when bringing your child injury claim, starting with filing early enough. The statute of limitations is only two years after an accident under Texas Code Section 16.003, though injuries to children can see that period extended in certain cases. If you do not bring your claim within the statute of limitations, you could lose all right to compensation on behalf of your child, so it is crucial to seek legal help shortly after an accident.
This state uses a system of comparative fault that assigns responsibility for injuries to anyone involved, including a victim. As set out by Texas Civil Practice & Remedies Section 33.012 and 33.001, you could see a compensation award decreased by the proportion of fault assigned to your child or even blocked if that fault is over 50 percent.
Of course, a child’s lack of mental maturity makes it more difficult to blame them for their own injuries, but your Hitchcock attorney should still consider comparative fault alongside the statute of limitations and general negligence when constructing your claim.
Discuss Child Injury Claims with a Hitchcock Attorney
Right after an accident that injures your child, you will have more questions than answers. Schechter, Shaffer & Harris, LLP is here to support you as you take care of your child and seek legal compensation.
A Hitchcock child injury lawyer from our office can work with you to take stock of your child’s medical status, investigate the accident, and get a claim started. Call our offices for a free consultation on your child’s case.
