Can You File a Lawsuit on Behalf of Your Injured Child?

Did you know that around 12,000 children aged from 0 to 19 years old die from accidental injuries each year? Moreover, an estimated number of 9 million children get treated in emergency departments for non-fatal injuries. Unintentional injuries are often caused by drowning, fires, burns, poisoning, falls, suffocation, and transportation-related accidents. As accidents take us by surprise and are often inevitable, it is best to be prepared with ample knowledge on how to handle them. 

Read more below to help you understand what you can do when your child has sustained an injury.

Who is a child?

Under the law, kids aged 0 to 17 years old are recognized as children or minors. Minors do not have the legal capacity to sue and be sued. This means that if your child is a minor, you will be able to file a claim on behalf of your child. However, you may only do so if you are the legal guardian or if you have custody of the child. If you do not have custody of the child, you must ask permission first from the parent who has custody.

Child injuries

Unintentional child injuries can happen anytime and anywhere. It can occur at school, daycare centers, hospitals, while riding a motor vehicle, or even in the comfort of your own home. Studies have reported that injuries inflicted upon a child are more damaging as your child’s body, brain and personality are still developing. The most common causes of non-fatal injuries are motor vehicle-related injuries, being struck by an object, animal bites or bee stings, overexertion, and burns. On the other hand, transportation-related accidents are the most common cause of fatal injuries among children. The common forms are accidents that occurred while the child is riding a bicycle, riding a motor vehicle, or even by just crossing the pedestrian. 

What to do if your child gets injured

Before you can take any legal action, the first thing you have to do is take care of your child’s injury and report it to authorities. For example, if you live in Texas and your child has sustained an injury at daycare, legal advisors from https://flemingattorneys.com/ urge you to seek medical assistance right away and report the injury to the Texas Department of Family and Protective Services Child Care Licensing so that your child’s injury will definitely be investigated properly. Make sure to document your child’s recovery as this might be needed for early investigation regarding your child’s case.

When to file a claim

As soon as you learn that your child has sustained an injury caused by the negligence of other people, you must immediately file a lawsuit for an early and quick investigation. This is recommended as the account is still fresh in your child’s mind. In Texas, the deadline for legal guardians or parents to file a personal injury claim on behalf of their child is two years from the date of the incident. To file a claim, you must file the claim at the civil court where your child’s injury occurred.

How will my child be compensated?

One thing you should be aware of is that when you are the one suing on behalf of your child, you will not be entitled to the compensation awarded to your child. In the event of a successful child injury lawsuit, there are several types of compensation that the court offers to help your child recover from economic and non-economic damages. A settlement or jury’s verdict could grant full coverage of your child’s existing or future medical expenses. A lifelong award to cover disability costs is granted if your child has suffered from a permanent disability caused by the injury. Compensation for physical pain and trauma, as well as the loss of quality of life, and legal expenses may also be offered. As a parent. if you lost your child due to the negligence of other people, you may also receive wrongful death damages compensation in the form of burial or funeral assistance. 

Nothing is more painful than seeing your child suffer from injuries caused by the negligence of others. As a parent, you have to make sure that your child receives proper treatment, compensation, and care right away. If your child has sustained an injury caused by another person, regardless of where the incident occurred, it is still best to consult a lawyer so that you will be able to take the next appropriate steps in pursuing legal action in fighting for your child’s right to legal justice.