Car Accident Attorney: Injury to a Child:

Has your child been injured in a car accident? Our car accident attorneys can help you ensure that your child’s injuries are taken care of and fairly compensated for.

When a child is injured in a car accident, the laws are somewhat different than those in a car accident case involving an adult. The primary difference lies in the methods in place to determine that the minor child receives a fair settlement. More on this website

Statute of Limitations:

In most of vehicle injury cases, the standard two-year statute of limitations applies, whereby the plaintiff will only have a period of two years from the date of the accident to file a lawsuit against the defendant. In the case of a minor child plaintiff, the statute of limitations is extended to a period of two years from their 18th birthday. For example, if the child is 2 years old at the time of the accident, they will effectively have about 18 years from the accident date to seek civil action against the defendant. Should the child be 14 at the time of the accident, they would have about 6 years to file a suit. This is all done in the name of fairness for the minor child. If the child’s parents never went through with a lawsuit, or if they let the ordinary statute expire for their portion of any damages, the child still has the option to pursue the case later in life.

Damages the parents may be entitled to:

When a child has suffered an injury and the parents hire an attorney, they are effectively hiring the attorney to do what is in the child’s best interest. The attorney’s primary goal is to recover a fair amount of compensation for the child, to be made available to them when they are old enough to make their own decisions. However, the parents of the child will often incur their own damages that their attorney will fight to get them compensated for. Typically, these damages are limited to monetary type damages such as medical expenses. If you think about it, this makes perfect sense as the parent is financially responsible for the child’s medical expenses, but the child as an individual has their own set of damages as the victim.

Damages available to a child:

The attorney will seek to recover fair compensation for the child’s damages. As the victim, the child is eligible to receive compensation for all conventional damages such as pain and suffering, mental anguish, physical disfigurement, etc. Furthermore, when dealing with a severe injury to a child, our firm believes that the way the injury has impacted the child’s future ability to interact with other and earn a living must also be taken into consideration.

Many people look at a child injury case the same way as an injury case involving an adult. We see it as our job to ensure that before anyone ventures to determine what such a case is worth, they first consider how these injuries will affect the child’s ability to live every day and productive life throughout an entire lifetime, rather than just considering the small snapshot of their immediate damages.

Ad Litem:

In child injury cases, the court-appointed an ad litem before any settlement or jury verdicts can be agreed upon. The ad litem is a non-biased representative of the court whose job it is to determining that any agreed-upon money are, in fact, in the best interest of the child and not simply the whim of the child’s parents or unscrupulous legal counsel. Once the determination is made that the any agreed upon moneys are fair and reasonable, the case may proceed. Upon the completion of the case, the court system will secure the child’s money in an account until they turn 18-years-old.

Practice Areas: Car Accidents – Trucking Accidents – On the Job Injuries – Wrongful Death – Construction Accidents – Boating Accidents – Premises Liability. Contact Us.

Legal Disclaimer – The personal injury attorneys in our firm have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys in our firm through this website does not constitute an attorney client relationship. It is the policy of our firm that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer from our firm. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our firm. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our firm is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our firm makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state’s ethical codes. Our firm does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Website is prohibited unless the prior written permission from our firm has been obtained.

By |2022-09-08T20:14:19+00:00September 8th, 2022|Uncategorized|0 Comments

About the Author:

Free Consultation: 1-800-862-1260

Tap Here To Call Us