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Houston Child Injury Lawyer

As a parent, it can be difficult to imagine that another adult might be so irresponsible around your child that they end up causing your kid a serious injury. Unfortunately, this exact scenario plays out all over Texas all too often. If you are unfamiliar with what rights that state law affords the parents and guardians of children injured in situations like this, you will be at a disadvantage.

A Houston child injury lawyer could be an irreplaceable ally throughout your case, from the initial investigations to a final settlement agreement or verdict in civil court. Even if you are not sure whether pursuing a claim is the right choice for your family, speaking with a seasoned personal injury attorney could offer clarity and confidence about what options you have. Talk to Schechter Shaffer & Harris, LLC to discuss your next steps.

Can a Parent Sue on Their Injured Child’s Behalf?

Under Texas state law, children under 18 years old are considered non compos mentis. This means that, like people with severe mental illnesses or cognitive disabilities, they are not considered capable of representing their own best interests in court. Because of this, if a child in a place like Montrose ends up injured in an accident caused by another person’s careless or reckless conduct, someone else must take legal action on the child’s behalf if any such claim is to be pursued at all.

The person nominated to pursue litigation on an injured minor’s behalf is referred to as the minor’s “next friend” and nominated as such by a court. This “next friend” is generally the minor’s parent or guardian, but it could also be another family member or some other responsible figure the court trusts to put the injured child’s best interests over their own.

Once the “next friend” is nominated, the nuts and bolts of a child injury lawsuit are fairly similar to those required in a typical personal injury claim pursued by an adult. The most important element is to establish fault for an accident by proving that a named defendant was legally negligent. This is one of many aspects which a seasoned Houston child injury attorney could provide vital assistance with. An at-fault party could be a reckless driver, a doctor who performed malpractice, or a property owner who did not protect their dangerous premises from children.

Recovering Fairly for Short-Term and Long-Term Harm

Someone filing suit on an injured child’s behalf in Texas can demand compensation for both past and future, economic and non-economic losses related to the injury. This typically includes:

  • All expenses for medical care
  • Lost future working ability
  • Physical pain and suffering
  • Lost enjoyment/quality of life
  • Emotional and psychological trauma

Any funds recovered on a minor’s behalf in this way generally must either go into the court registry until the child turns 18 or be placed in an annuity to be paid out in stages after the child turns 18. Additionally, as a child injury lawyer in Houston could explain, courts often must approve out-of-court settlements for child injuries before it can become legally binding.

Learn How a Houston Child Injury Attorney Could Help

No child deserves to suffer any kind of physical harm because of the reckless, careless, and/or unlawful conduct of an adult who should have known better. Fortunately, if your family has been impacted by this kind of negligence, you may be able to recover substantial financial compensation on your kid’s behalf. It should cover every form of harm this unfortunate incident will cause them.

Speaking with a Houston child injury lawyer could offer you vital information about what your options are and what course of action might best preserve your family’s best interests. Call our team today for a consultation.

SMS Legal

SMS Legal N/a
3200 Travis

Houston, TX 77006
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(713) 364-0723