Child Injury Attorney in Webster, Texas

If your child has suffered an injury due to someone else's negligence in Webster, Texas, you need a trusted advocate who understands the emotional and legal challenges involved. 

As a dedicated child injury attorney in Webster, Texas, I'm committed to helping families work through the challenging aftermath of a child's injury, striving to help them receive compensation.

With a deep understanding of Texas personal injury laws and a passion for protecting the rights of children, I offer compassionate yet aggressive representation to help your family heal and recover.

Let me guide you through every step of the legal process, so you can focus on your child's well-being. Call me at Jose Orihuela, Attorney at Law today.

A Rundown on Child Injury Cases

Child injury cases fall under the broader umbrella of personal injury law. However, they come with unique challenges and considerations. Children are naturally more vulnerable to accidents and injuries due to their age and lack of experience. 

Whether it's a playground mishap, a motor vehicle accident, or an injury caused by defective products, these cases require a tailored approach to assure an optimal outcome for the child and their family. 

When the incident is more than just a normal accident, the help of a child injury attorney in Texas is needed. Trying to figure this out on your own can be challenging, and an attorney is there to help.

Common Causes of Child Injuries in Texas

Child injuries can arise from various situations, often involving the negligence of another party. Some of the most common causes include:

• Motor vehicle accidents: From being a passenger in a car to pedestrian and bicycle accidents, motor vehicle collisions remain a leading cause of child injuries.

• Playground and school accidents: Unsafe equipment, inadequate supervision, or poorly maintained facilities can lead to serious injuries.

• Defective products: Toys, car seats, or other improperly designed or manufactured children's products can cause harm.

• Medical malpractice: Errors during childbirth, misdiagnosis, or failure to treat illnesses effectively can result in long-term consequences for children.

• Premises liability: Injuries caused by unsafe conditions on someone else’s property, such as swimming pool accidents or falls.

Now that you know the common causes of these accidents, it's important to know which laws aim to protect injured children.

Texas Laws Protecting Injured Children

Texas law recognizes the unique vulnerabilities of children and provides specific legal protections to address their needs. When pursuing a personal injury claim on behalf of a child, several critical legal considerations come into play:

The Statute of Limitations

In Texas, the statute of limitations for personal injury cases is typically two years. However, when the victim is a minor, the clock generally doesn’t start ticking until the child’s 18th birthday. This exception gives families time to build their case and uphold the child’s rights.

What a Guardian Should Do

Since minors can't file lawsuits themselves, a parent or legal guardian must act on their behalf. This guardian will work with an attorney to pursue the claim and make decisions in the child’s interest. This includes following up with the attorney, gathering documents and information, and more.

Damage Recovery for Children

Damages in child injury cases often cover a range of needs, including:

• Medical expenses: Past and future costs associated with treating the injury.

• Pain and suffering: Compensation for the physical and emotional toll of the injury.

• Loss of future earnings: In cases where the injury affects the child’s long-term ability to work.

• Disfigurement or disability: If the injury results in permanent physical changes or impairments.

Of course, knowing the right steps to take can make all the difference in making sure your injured child recovers well.

Steps to Take After a Child Injury

When your child is injured, taking immediate and informed action is crucial. Here are the steps I recommend:

1. Seek Medical Attention

The health and well-being of your child should be your priority. Verify they receive prompt medical care, even if the injury seems minor. Medical records will also play a crucial role in your personal injury case.

2. Document the Incident

Gather as much evidence as possible. Take photographs of the scene, the injury, and any contributing factors. Obtain contact information for witnesses and keep records of all related expenses.

3. Contact an Experienced Attorney

Working through child injury law can be challenging, and having an experienced child injury attorney in Texas can make all the difference. I’ll work tirelessly to investigate the circumstances of your child’s injury and build a strong compensation case.

Building a Strong Case for Compensation

To secure fair compensation for your child’s injury, it's essential to establish the negligence of the responsible party. This involves proving the following elements:

• Duty of care: The at-fault party owed a duty to act responsibly to prevent harm.

• Breach of duty: They failed to uphold this duty, acting negligently or recklessly.

• Causation: Their actions directly caused your child’s injury.

• Damages: The injury resulted in measurable losses, such as medical bills or emotional distress.

Why You Need a Dedicated Child Injury Attorney

Child injury cases aren't just about financial compensation; they're about securing justice and fighting for your child’s future well-being. As an attorney with extensive experience in personal injury law, I'm committed to:

• Protecting your child’s rights: Making sure your child receives the proper care and compensation.

• Negotiating with insurance companies: Insurance providers often prioritize their bottom line, but I will fight for a settlement that truly reflects your child’s needs.

• Representing you in court: If a fair settlement can't be reached, I will advocate for you in court to achieve the right outcome.

A dedicated child injury attorney is essential to make sure your family fights for the full compensation needed to address medical expenses, emotional distress, and long-term care. They can also help to answer any questions you may have.

FAQs About Child Injury Law in Texas

Traversing the challenges of child injury law in Texas can be overwhelming, which is why I've compiled answers to the most frequently asked questions to help guide you through the process.

What If My Child Shares Some Responsibility for the Accident?

In Texas, the comparative negligence rule applies. As long as the other party is more at fault than your child, you may still recover damages. However, the compensation may be reduced by your child’s percentage of fault.

Can I File a Lawsuit Against a School or Daycare?

Yes, but these cases can be particularly complicated. Schools and daycare facilities have a duty to keep children safe, and failure to do so can result in liability. However, claims against public schools may involve additional legal hurdles due to governmental immunity.

How Are Settlements Handled for Minors?

In Texas, settlements involving minors often require court approval to confirm the agreement is in the child’s interest. Funds are typically placed in a trust or structured settlement to provide for the child’s future needs.