Seeing your child seriously hurt is every parent’s nightmare. If your child has been hurt due to someone else’s carelessness or intentional act, you have every right to be upset, angry, and scared.
Under Texas law, when someone’s negligence harms your child, you as a parent have the right to take civil action against the person or entity at fault and hold the wrongdoer financially accountable for the injuries. You have every right to seek justice and fair compensation for the money you have spent treating your child’s injury and the other non-monetary costs you have had to bear. You need an experienced child injury lawyer to stand up for you.
At Herrman & Herrman, our McAllen child injury lawyers know how important your child’s safety is to you. It’s devastating when any child suffers severe injuries. There is never an acceptable excuse for negligence. Our child injury lawyers are committed to protecting children and families in our community. We are ready to fight for you.
Texas Child Injury Laws
Any child injury claim in McAllen will be handled according to Texas personal injury laws. These laws include personal injury laws that cover adults and minors alike. In most circumstances, there’s a two-year deadline to file the lawsuit. That’s true if you begin a claim on your child’s behalf.
Parents have the legal responsibility to provide for the medical care of their children. Therefore, if a child requires medical treatment for a serious injury, the parents may seek compensation for the expenses they have incurred from the party that caused the child’s injury.
The statute of limitations is important. You don’t want to miss your chance to seek compensation for medical bills and other expenses that were incurred.
In certain situations, the two-year time limit to file an injury claim may be extended. Injuries involving children are one of those special circumstances. After the child turns 18, he or she may be able to bring an injury claim, seeking compensation for pain and suffering, emotional distress, disfigurement, and physical impairment. The child has two years from his or her 18th birthday to file a lawsuit.
To prepare a child injury claim, your lawyer at Herrman & Herrman will investigate how the injury occurred and gather evidence showing negligence on the part of a person or a business. Your attorney will seek to prove that the person who hurt your child acted negligently and is therefore liable for the harm your child suffered. Once your attorney has gathered evidence to support your claim, the attorney will send a demand letter to the at-fault party and the appropriate insurance company. From there, your attorney will seek to negotiate for the full and fair child injury settlement to cover your child’s present and future medical expenses related to the injury, pain and suffering and losses related to the injury.
Causes of Child Injuries
Children are often injured in places you would think are safest for them. Recreational areas such as playgrounds, waterparks, schoolyards, and baseball fields can be full of dangers when they are not properly maintained. When those in charge of recreation areas fail to keep those areas safe for their users and put children in danger, they may be held liable when injuries occur.
Some of the most common child injuries include:
- Playground accidents due to defective equipment
- Playing field or court accidents
- Playpark, fair, rodeo, and amusement park accidents
- Trampoline injuries
- Pool accidents, including drowning
- Bike crashes
- Childcare negligence
- Child or sexual abuse
- Car and bus crashes
- Dog bites
- School maintenance or individual instructor negligence
- Slips, trips, and falls
Unfortunately, some of these injuries can be fatal. If you have lost your child due to negligence, you may have a right to pursue a wrongful death claim. A wrongful death claim can hold the wrongdoer accountable. It can focus attention on a safety issue and prevent other children from being injured. If your child has suffered a serious injury, contacting a child injury lawyer is a good first step. A knowledgeable attorney can review the details of the accident and discuss whether you have a valid child injury claim.
What You Must Prove in a Child Injury Claim
After your child is injured, you can begin a child injury claim to hold the person legally responsible, or liable, for the injury and its costs. The job of your child injury attorney is to prove that the person or entity that was responsible violated their duty of care. When you contact our McAllen injury lawyers at Herrman & Herrman, we’ll evaluate your case to identify who violated their duty and who should be held liable.
Under Texas law, you need to show that a person exercising reasonable care would not have caused the injury. For example, an amusement ride operator should make sure their ride is properly maintained and won’t get off track. If the rider operator has not properly maintained the equipment and had it inspected on schedule, then the rider operator may be held liable for any injuries caused by a malfunction.
To be successful, your claim must also target the person or entity responsible for your child’s injury. The injury needs to be serious enough to require significant treatment. A bruise or scrape may not qualify.
There are some other issues your lawyer will need to address. For example, if you have a child injured on school playground property, you may not be able to initiate a claim against the school if it’s a public school. That’s because Texas law prevents you from pursuing a child injury claim against the government. Your attorney can evaluate whether an individual employee may be held liable, rather than the school or district. If that’s the case, you can still pursue a personal injury claim. All of this depends on who is at fault for your child’s injury.
Who Is at Fault in a Child Injury Accident?
When you and your lawyer seek to hold someone liable for your child’s injury, you must prove that he or she is at fault. Any individual who fails to take adequate precautions, and who intentionally hurt a child, may be held liable for any resulting injuries.
Those who may be at fault include:
- Pet owners
- Toy makers
- School administrators
- Daycare workers
- Property owners
- Pool operators
- Amusement park operators
- Sports coaches
- Health care professionals
- Playground equipment manufacturers
- Counselors at camps
- Church leaders
- Employee entrusted with the care of children
It’s important to hire a competent McAllen child injury lawyer to help you document who is at fault for your child’s injury. In fact, we have a dedicated investigative team to do it. Whoever caused your child’s injury, we’ll put the full force of our licensed Texas attorneys and our bilingual staff behind your claim.
Child Injury FAQs
Can I begin my child injury claim anytime?
No. You have to begin your case before the statute of limitations, which is two years. If you don’t, your lawsuit will be dismissed, and you won’t be able to recover the money you spent on medical treatment and other damages. It’s important to contact a child injury lawsuit promptly to start investigating the accident and collecting evidence.
Can I sue McAllen ISD or my child’s school?
It depends. You can’t sue the Texas state or local government. If you want to pursue a claim after a playground accident or other school injury, you’ll need to identify an employee or another responsible party. You will need a personal injury lawyer with plenty of experience who has handled these types of cases and can determine who can be held liable.
How much compensation is my family owed?
It really depends on the specific facts of your case. Every case is different. Your compensation may include a combination of the economic and non-economic damages that you and your child incurred after your child’s injury. Your lawyer will add up all of the medical bills, the cost of any future treatment, any property damage or other real cost you had to pay.
Will my child need to testify in court?
Possibly not. Our attorneys are skilled negotiators and typically resolve child injury claims before they go to court so that neither you nor your child would be called to testify. It will depend on the particulars of your case, but we may be able to negotiate a settlement. We’ll do our best to end your claim quickly, but we won’t settle for less than you deserve. If we need to represent you in court, we can do it confidently.
Why is Herrman & Hermann the right firm for me?
You can look at our reviews on Google and Facebook. We’re proud of our record and of our reputation.
Contact Herrman & Herrman, P.L.L.C.,
IF you need a McAllen child injury lawyer to represent you and your family, choose Herrman & Herrman to fight for you. We have an office in McAllen and other offices in South Texas to serve you. If we believe you have a valid case, we’ll be ready to seek justice for you and your loved ones. Visit one of our locations in Brownsville, Corpus Christi, McAllen, and San Antonio. We’re available 24/7 to schedule a free, no-obligation consultation. Call us today at 361.792.2358 or contact us online.