Get The Compensation Your Family Deserves by Trusting Texas Board-Certified Injury Attorneys. Our Child Injury Law Firm Holds Responsible Parties Accountable.
Nothing is more devastating than witnessing your child experience a serious injury, especially if it could have been avoided. No matter how severe an injury your child may suffer, it’s imperative to take action.
If someone else’s carelessness or wrongdoing brought about this emotional and physical pain for your family, it’s time to speak with an attorney from the Law Office of Shane R. Kadlec. The best time to speak with an attorney about your child’s injuries is immediately after receiving medical care. An attorney can help you set up further diagnostics and begin building a case. Waiting too long may leave you ineligible to file an injury claim with your insurance company or against the offending party responsible for your child’s injury. Read more about why taking quick action is crucial, below.
Texas Law requires any settlements of minors to be examined and approved by judges. Houston Child Injury Lawyer, Shane Kadlec has been appointed attorney ad litem by Texas judges to ensure any settlement is fair and in the child’s best interest.
Understanding Child Injury Claims in Texas
Navigating the aftermath of a child’s injury can be particularly distressing. In Texas, child injury claims are subject to specific legal considerations, designed to protect the most vulnerable. Understanding these nuances is crucial for securing the appropriate compensation and ensuring the well-being of your child.
Who Can File a Child Injury Claim?
In Texas, a child injury claim must be filed by a parent or legal guardian on behalf of the minor. These representatives act in the best interest of the child, seeking damages for injuries caused by negligence or intentional harm. The role involves managing the legal proceedings and making decisions regarding settlement offers and other legal actions until the child reaches the age of majority.
How Long Do I Have to File a Claim for My Child’s Injury in Texas?
Generally, an injured party has two years to bring legal action against a defendant or the party loses the right to sue. However, because a child lacks the capacity to bring legal action, the two-year limit does not begin until the child’s eighteenth birthday. This extension of the statute has the advantage of allowing a young person to fully appreciate the extent to which an injury has affected his or her development and overall health.
Why You Shouldn’t Wait to File a Claim
- Lost evidence: Physical evidence of the injury event can disappear or degrade, and witness memories can fade. Witnesses can move beyond the reach of a subpoena or pass away.
- Death or insolvency of the defendant: As with witnesses, defendants can leave the area or pass away before the injured plaintiff files a claim. Bankruptcy is another impediment to recovery. There’s no sense suing for compensation if the defendant cannot pay.
A Child Injury Claim vs. a Regular Personal Injury Claim
Child injury claims differ significantly from regular personal injury claims in several key ways:
- Legal Representation: Children cannot file lawsuits themselves; a parent or guardian must initiate and manage the claim.
- Statute of Limitations: For children, the statute of limitations does not begin until they turn 18, giving them until their 20th birthday to file a claim.
- Damage Assessments: Assessing damages for a child can be more complex, considering the long-term effects of injuries on the child’s development and future quality of life.
- Court Approvals: Settlements in child injury cases typically require court approval to ensure that the settlement is in the child’s best interest.
How Do I File a Child Injury Claim in Texas?
Filing a child injury claim in Texas involves several critical steps:
- Consult a Qualified Attorney: Engaging a lawyer who specializes in child injury cases, such as those at The Law Office of Shane R. Kadlec, ensures proper guidance through the legal complexities.
- Document the Injury and Treatment: Keeping detailed records of the injury, medical treatments, and impact on the child’s life is essential.
- File the Claim: Your attorney will help prepare and file the necessary legal documents to initiate the claim.
- Negotiations and Litigation: Your attorney will handle negotiations with the defendant’s insurance, and if necessary, represent the case in court.
How is Compensation Managed in a Texas Child Injury Claim?
In Texas, compensation awarded in a child injury claim is typically managed through a structured settlement to ensure financial security and appropriate use of the funds for the child’s needs. The court often requires that the funds be placed in a protected account or trust until the child reaches legal age. In some cases, allowances are made for parents to access funds to cover medical and living expenses related to the child’s care.
If Your Child has Been Hurt in Houston or Anywhere in Texas, We Can Help
There are many places your child may be poorly supervised. Whether it’s a neighbors’ home, local pools, school or out in the community, kids may find firearms, resulting in gunshot accidents. No matter the circumstances of your child’s injury, you can trust our firm to investigate fully and construct a compelling case for relief.
Common Child Injuries & Keeping Your Children Safe
Child injuries can be traumatic and life-altering. Understanding the most common injuries and their causes can help parents and guardians prevent these distressing events.
What Type of Negligent Scenarios Cause Child Injuries?
- Automobile Accidents: Often involving improper use of child restraints.
- School Accidents: Including playground falls or sports injuries due to inadequate supervision.
- Daycare Negligence: Resulting from insufficient caregiver attention or unsafe facilities.
- Dog Bites: Occurring when pets are improperly supervised or provoked.
To avoid these scenarios, it is crucial to:
- Educate caregivers and children: Ensure that all caregivers and your children understand safety protocols.
- Monitor environments: Regularly assess the safety of the environments where your children spend time.
- Choose supervised activities: Opt for supervised activities and check caregiver credentials.
What Public Places Cause the Most Injuries to a Child?
Children are most at risk of injury in the following public places:
- Playgrounds: Improperly maintained equipment and falls are common sources of injuries.
- Pools and Water Parks: Drowning risks and slip and fall accidents are prevalent.
- Malls and Stores: Children can get injured in crowded or poorly maintained areas.
Keeping your child safe in these places involves:
- Active Supervision: Always watch your children closely in public areas.
- Teach Safety Practices: Educate your children about safety rules in public places.
- Use Appropriate Safety Gear: Equip your children with the necessary safety gear, such as floatation devices in water areas or helmets at playgrounds.
Speak With an Attorney for FREE
If your child has been hurt in Houston or anywhere in Texas, the Law Office of Shane R. Kadlec can help. He is passionate and will do what is necessary and in the best interest of your child. If your child has been harmed due to negligence, you need to take action right away. Contact our firm online or call 281-643-2000 to speak to a member of our team today. We help injured children and their families in Houston, Katy, Sugar Land, Pearland, Memorial, The Woodlands, and throughout the surrounding areas.