At Herrman & Herrman, P.L.L.C., our Brownsville child injury lawyers understand that nothing is more precious to parents than their child’s health and well-being. If your child has been injured due to someone’s negligence, we are prepared to inform you of your legal rights and help you decide on the best steps to take for your family.
According to the U.S. Department of Health and Human Services, injuries are the top cause of death and developmental disabilities among children over one year of age. Unfortunately, many child injuries could have been prevented if another person or party had acted more responsibly.
The types of child injury cases that Herrman & Herrman, P.L.L.C. can help with include:
- School and daycare negligence
- Playground accidents
- Slips, trips, and falls
- Sporting event accidents
- Injuries due to fireworks
- Motor vehicle crashes
- Bicycle accidents
- Dog bites
- Defective playground equipment
- Child abuse
- Sexual abuse
- Swimming or drowning accidents
- Amusement park accidents
- Wrongful death cases
Anyone who harms a child as a result of negligent actions or disregard for safety in Texas should be held accountable for the child’s injury. To get the answers and justice your family deserves, you need an attorney who can identify the cause of the injury, assign fault to the appropriate party, and aggressively pursue compensation.
Many economic and noneconomic damages may be sought in a child injury lawsuit, including medical expenses, pain and suffering, disability, permanent disfigurement, and loss of enjoyment of life. While this compensation can’t undo the harm your child suffered, it can help ensure that the child gets the best possible treatment and your family does not have to shoulder further financial burdens as a result of someone else’s irresponsible acts.
Our compassionate child injury attorneys at Herrman & Herrman, P.L.L.C understand how incredibly difficult child injury cases can be for families. We will fight tirelessly to ensure the responsible party is held accountable and your family receives the maximum compensation for your child’s injuries. Call a Brownsville child injury attorney at Herrman & Herrman, P.L.L.C today at 361-792-3669 or contact us online to schedule a free and confidential consultation.
Texas Child Injury Laws
In Texas, there is a statute of limitations for all personal injury cases. The statute of limitations is a time limit on how long you have to bring a lawsuit. In Texas, the statute of limitations for child injuries and other personal injury claims is two years from the date of the injury. The claim will be invalid after two years, so you must either settle your case or file a lawsuit before then.
Under certain circumstances, the time limit for filing personal injury claims in Texas is extended. Cases involving children are one of those special circumstances. The personal injury claims of a minor are tolled until the child turns 18 or is otherwise legally deemed an adult. The child then has two years from that date to file a lawsuit.
However, this only applies to claims that belong to the child. Claims that belong to the child’s parents are not tolled (e.g., claims for medical bills). Parents have the responsibility to provide for the medical care of their child. Therefore, if a child gets medical treatment for an injury while a minor, recovery for medical expenses is the parent’s claim.
The child’s claims that are tolled include those that belong to the child, such as pain and suffering, emotional distress, disfigurement, and physical impairment. These claims may be brought by the parents at any time while the child is a minor, or the child can bring the claim within two years after he or she turns 18.
What You Must Prove in a Child Injury Claim
For a child injury claim to be successful, you have to prove:
- The at-fault person had a duty to exercise reasonable care, as any normal individual would in a similar situation
- The at-fault party breached their duty by doing something they should not have done or failing to do something they should have done
- The breach of duty was the cause of your child’s injuries
- The injury your child suffered deserves compensation as a result of the at-fault party’s breach of duty
If you believe you have a claim to file on behalf of your child, contact the Brownsville child injury attorneys at Herrman & Herrman, P.L.L.C. as soon as possible. Our skilled lawyers will immediately begin gathering evidence to determine the validity of your claim.
Who is at Fault in a Child Injury Accident?
Adults must act with reasonable care when supervising children. Individuals who fail to take adequate safety precautions, and those who intentionally harm a child, can be held liable for any resulting injuries. At-fault parties can include:
- Property owners
- Pet owners
- Toy manufacturers
- School officials
- Daycare workers
- School bus drivers
- Sports coaches
- Health care professionals
- Playground equipment manufacturers
- Camp counselors
- Church leaders
- Any employee responsible for the care of children
Determining liability is often a complex process, requiring a detailed investigation. At Herrman & Herrman, our legal team has the necessary skill and knowledge to investigate your incident and build a strong case for compensation.
What If My Child was Injured at School in Brownsville?
If your child is injured at a school in Brownsville, you may be able to recover compensation from the school district to pay for your child’s medical expenses. It’s important to understand that pursuing legal action against a public school can be challenging.
Lawsuits against public schools require careful attention to deadlines and notification requirements. Let a skilled Brownsville personal injury lawyer review the circumstances of your child’s injury and determine whether the school district may be held liable.
The legal principle of “sovereign immunity” protects government entities from being sued. Public school districts are typically regarded as governmental agencies. While sovereign immunity exists under Texas law, there are circumstances where a school district can be sued for injuries a child sustained on school property. In general, there must be proof that the child’s injury resulted from negligence or a wrongful act on the part of a school employee.
Because private schools in Brownsville do not have sovereign immunity protection, they can be held liable for damages without the challenges that come with personal injury lawsuits against public schools. Under Texas law, a private school can typically be held responsible for the actions or inactions of its employees if the employee was on duty at the time of the accident that caused the child’s injury.
Liability waivers are often contained in the forms you sign before your child goes on a field trip or engages in any activity with risks. While a liability waiver can prevent parents from filing suit against the school, even when the school is negligent, these waivers apply only to parents’ claims against the school, such as compensation for the child’s medical bills. The waivers do not protect the school against claims asserted on behalf of the child for pain and suffering and similar damages.
What About Injuries due to Negligent Supervision?
All providers must reasonably supervise the children they care for. If they fail to do so and your child is injured as a result, you may be able to file a lawsuit on the grounds of negligent supervision.
A negligent supervision claim can be raised anywhere, as whoever was supervising the child when an incident occurred can be sued. Any person placed in charge of a minor child could face liability for any harm the child experiences.
Negligent supervision accidents can happen anytime and anywhere, and they tend to have common elements. Negligent supervision may include:
- Failure to secure dangerous items (e.g., guns, weapons, and harmful chemicals)
- Failure to protect the child from harm from another child, animal, or any threat
- Allowing the child to use items that are not for children (e.g., vehicles and machinery)
- Failure to protect the child from threats in their surrounding environment such as swimming pools, trampolines, and open windows
- Improper care of an injured or sick child
If you think you have a negligent supervision claim in Brownsville, consult with a skilled and experienced child injury lawyer right away.
Contact a Brownsville Child Injury Law Firm Today
Herrman & Herrman, P.L.L.C. has extensive experience in child injury cases, and we are proud of our record of success in helping injured children and their families in Brownsville. Our child injury lawyers fight tirelessly for the maximum compensation available in these cases.
If your child was seriously injured in Brownsville or elsewhere in Texas, talk with one of our compassionate attorneys as soon as possible. Our firm has both Spanish-speaking and English-speaking staff so you can discuss your child injury claim in the language that you feel most comfortable discussing legal matters. Call now at (361) 792-3669 to schedule a free, no-obligation consultation to discuss your rights and options.