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Pasadena Child Injury Lawyer

Accidents and injuries are part of childhood. Usually, the injury heals completely, and life goes on as before. Sometimes, another person’s negligence causes a child to be injured. In those cases, it is worth considering a lawsuit against the responsible party.

Legal action, through a personal injury lawsuit, could allow you to recoup medical expenses and time lost at work while caring for your child. The responsible party also must pay a sum to your child for their pain and suffering.

Working with a Pasadena, TX child injury lawyer is critical.

Circumstances That Could Lead to a Child Injury Lawsuit

Children have poor judgment, limited impulse control, and their motor coordination is still developing.

However, if the child is in the care of someone else when the accident happened, that person might be liable if their negligence led to the incident. Similarly, people, organizations, and businesses that do not keep their premises safe could be liable when a child injures themselves there. Healthcare professionals could be liable if their negligence causes harm, and so could an at-fault driver if a child suffers injuries in a wreck.

A Pasadena attorney could investigate any incident that causes an injury to a child and whether negligence played a part. Child injury lawsuits are often possible when a child suffers harm due to an accident at school or daycare, in a public swimming pool, during an organized sporting event, or under any other circumstances when someone’s careless or reckless conduct had a role in the injury. When a dog or other domestic animal injures a child, the owner is often liable as well.

Special Rules for Trespassing Children

Property owners usually have no legal obligation to keep their property safe for trespassers. However, if there is a man-made feature on the property that could attract children, and the owner knows children are in the area, they must take reasonable steps to protect trespassing children from injury. This is called the attractive nuisance doctrine.

Features that could be considered attractive nuisances include pools, trampolines, treehouses, sheds, and heavy equipment, among others. Parents whose child was injured while trespassing should consult a Pasadena attorney, who could determine whether the attractive nuisance doctrine might apply in a specific case.

Timeframes for Taking Legal Action

The law requires someone seeking compensation for personal injuries to file a lawsuit within two years of the accident. When the injured person is a minor, the two-year clock does not begin to run until they turn 18, so they have until their 20th birthday to sue. However, when a child’s injury results from medical malpractice, parents must sue within ten years of the injury.

Bringing a lawsuit sooner rather than later is advisable. Parents and guardians can sue on their child’s behalf within two years of the injury. Doing so means the evidence is easier to locate and preserve, and important parties and witnesses are more likely to be available. Waiting until the child reaches adulthood carries the risk that evidence will be lost or destroyed, and witnesses will be unavailable or unhelpful.

Special Handling of Settlements and Verdicts for Children

Most injury lawsuits, including those involving injured children, settle before a trial. When a parent wants to settle a lawsuit they brought on their child’s behalf, a court must approve the settlement. The judge may appoint guardian ad litem, whose role is to review the evidence and the settlement and decide whether it serves the child’s best interests.

When a lawsuit resolves with either a settlement or verdict for the child, courts handle the disposition of the money. The parent receives any award for medical expenses and ongoing care until the child reaches adulthood, and for lost wages due to the need to care for the child. The rest of the money is the child’s and will be placed in a court supervised account until the child turns 18.

When an award is substantial, the responsible party might bring a type of lawsuit called a friendly suit. Its purpose is to have a judge review the disposition of the funds. This protects the defendant if the child is dissatisfied with the money they receive on their 18th birthday and wants to reopen the case. Friendly suits are generally non-adversarial, but it is important to have representation from a competent Pasadena attorney.

Protect Your Child’s Future With a Pasadena Child Injury Attorney

When you child suffers injuries from someone else’s negligence, you could sue on your child’s behalf. You could receive reimbursement of the money it cost you to care for your child, and they could receive compensation for their pain, suffering, disability, and other losses.

Work with a Pasadena child injury lawyer to hold the responsible parties accountable. We are available for free consultations.

SMS Legal

SMS Legal N/a
3222 Burke
Rd #211

Pasadena, TX 77504
(832) 345-1327
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