Child injury cases arise when a child is hurt due to the negligence or wrongful actions of another party. Because children cannot file lawsuits on their own, a parent or legal guardian acts as the child’s representative when filing a personal injury claim seeking compensation from the negligent party.
A skilled Houston child injury lawyer at Williams Hart & Boundas can guide your family through the legal process, from filing a claim to representing your child’s interests in court if necessary. Our personal injury attorneys can handle all the necessary paperwork, ensure deadlines are met, and provide legal advice throughout the process while fighting for all available compensation.
What Are the Common Causes of Child Injuries?
Child injuries are a leading cause of death and disability in children, often resulting in lifelong health problems. Children are particularly vulnerable due to developmental factors, lack of experience, and an inability to fully assess risks in a given situation. There are several common causes of child injuries.
Motor Vehicle Accidents
Children are at risk as passengers, pedestrians, or cyclists in motor vehicle accidents.
Drowning
Drowning is a leading cause of injury-related death for children, often occurring in swimming pools or natural bodies of water.
Falls
A child can fall from playground equipment, stairs, or windows.
Burns
Burns from hot liquids, fires, or contact with hot surfaces can cause significant harm.
Poisoning
Accidental ingestion of household chemicals, medications, or other toxic substances can be dangerous for children.
Daycare Injuries
Lack of supervision, negligent hiring and training, inadequate staffing, or unsafe conditions in daycares can lead to injuries.
Playground Accidents
Defective equipment or inadequate supervision on playgrounds can cause serious injuries.
Sports Injuries
Overuse injuries, concussions, broken bones, and other injuries from sports and recreational activities are common child injuries.
School Bus Accidents
Negligent driving or inadequate safety measures can lead to accidents.
Choking
Infants and toddlers are particularly vulnerable to choking on small objects.
In child injury cases, several parties can be held liable, including individuals, businesses, and organizations. Common liable parties include:
- Schools
- Property owners
- Daycare providers
- Drivers in accidents
- Product manufacturers
Liability depends on the specific circumstances of the injury and the degree of negligence involved. It is important to speak with a Houston attorney if you believe you have grounds to file a child injury claim.
Pursuing a Child Injury Claim for Compensation
A child injury attorney in Houston can help claimants seek compensation for a variety of damages, including medical expenses (past and future), pain and suffering, and loss of earning capacity. Additionally, claims can cover non-economic damages, such as emotional distress and diminished quality of life.
Unlike adults, children in Texas have until their 20th birthday to file a personal injury lawsuit, as the standard two-year statute of limitations is paused until they reach age 18. Parents can also file separate claims for their own losses, such as medical expenses and lost wages, but these claims are not subject to the extended statute of limitations and must be filed within the standard two-year timeframe.
Courts may appoint a guardian ad litem to represent the child’s interests in legal proceedings, especially during settlement negotiation. Claims for loss of consortium (e.g., a parent’s loss of companionship with an injured child) are considered derivative claims and are subject to the same statute of limitations as the child’s claim.
Consult With a Houston Attorney About Your Child’s Injury
In Texas, settlements involving minors must be approved by the court to ensure they are in the child’s best interest. A Houston child injury lawyer from our firm will work with the court to obtain approval for any settlement reached.
In cases of severe or permanent injuries, we will ensure that any settlement is structured to protect the child’s future financial interests, including setting up trusts or investment accounts. This may involve setting aside funds for future medical care, therapy, education, or other needs. Do not hesitate to contact Williams Hart & Boundas to request your free case review.