Everyone in Houston is vulnerable to the poor decisions and reckless actions of others. Sadly, age is no protection against potential injuries: children are just as likely as adults to suffer harm in accidents. For example, a car accident, slips and fall, or defective product injury are all examples of incidents that can affect your child.
In addition, certain hazards affect only minors. For instance, school bus accidents and injuries that involve abusive caretakers affect only kids. In either event, your child has the same right to demand compensation for their losses as any other individual. However, under the law, you must pursue these cases on your child’s behalf. An attorney is prepared to help you understand the unique aspects of a Houston child injury case and navigate these special rules to pursue the compensation your adolescent deserves. Call a knowledgeable child injury lawyer today to learn more.
The law in Houston says that certain people have a duty to protect others. This requirement does not discriminate because of a person’s age. That said, regardless of age, the at-fault party must compensate the individual who suffered harm because of their actions.
Common examples of incidents that prompt minor injury claims include:
However, some unique situations only affect children. For example, your child may sustain injuries in a school bus crash or be the victim of abuse from a teacher, coach, or caretaker. Your child cannot defend themselves in these situations, making them more vulnerable than other injured victims. A hardworking Houston attorney could determine how the responsible party failed to protect your child and file an injury claim to hold them accountable for their negligence.
In most personal injury cases, the individual who suffers injuries can act directly to claim compensation for their losses. Unfortunately, this is not the case for children. Instead, the child’s legal guardian, usually their parent, must take the lead in demanding compensation.
This creates some legal complications. Most prominently, the court must always approve the settlement between the child and the insurance company: doing so protects the minor and the insurer. Second, Texas Rule of Civil Procedure § 173 says that the court can appoint a Guardian ad Litem to oversee the interests of the adolescent.
The final factor you must remember before filing your child’s injury claim is the statute of limitations. This law determines when the court will hear your injury case. For most situations, Texas Civil Practice & Remedies Code § 16.003 gives you no more than two years from the date of your child’s injury to demand compensation in court. However, particular circumstances may allow you to pursue compensation beyond this date. In some cases, someone who is now an adult might be able to file a lawsuit for something that happened when they were a minor.
A lawyer helps you understand these unique legal aspects of Houston child injury cases. Understanding the legal deadlines for filing your adolescent’s injury requires the guidance of a diligent lawyer in Houston. Additionally, a legal representative could ensure your claim reaches the court within the legal timeframe to maximize your chances of a successful case.
Few incidents in parenthood are as stressful as watching your little one deal with an injury. Not only might they require swift medical attention, but they may also interrupt their education or development. You and your child deserve the proper compensation necessary to make things right. However, obtaining this restitution is only possible if you can prove that another party caused your child’s injury.
Fortunately, a legal team member at Roberts Markland LLP could seek the payments you deserve from the responsible party and help you navigate court procedures and deadlines. These unique aspects of a Houston child injury case can frustrate many parents. Therefore, letting an experienced attorney handle your claim could give you peace of mind and allow you to focus on your adolescent’s well-being. Call today for help.
