Children are among the most vulnerable people in society and often cannot protect themselves in dangerous situations or feel comfortable speaking out in the face of abuse. A parent’s job is to provide the best possible protection for kids. Sadly, due to the poor choices or outright violence of others, children sometimes suffer needless injuries.
Injured people have the right to seek out compensation for their losses, but children do not have the legal authority to act on their own. A Kyle child injury lawyer works with both victims and parents to protect the family’s legal rights and financial future. An experienced attorney could investigate the source of an injury, measure how that event has impacted the life of a child, and demand that all responsible parties pay their fair share of compensation.
Seeking Fair Compensation for Childhood Injuries
Children have the legal right to seek compensation after suffering injuries caused by another person. These injuries can result from accidents or intentional acts of violence or abuse. In either case, a Kyle child injury attorney is prepared to help.
Accidents Affecting Children
Children are vulnerable to injuries in accidents. Common examples include:
- Car, SUV, or truck accidents
- Collisions with vehicles while riding bicycles or skateboards
- Slips and falls or other accidents that occur on the property of others
- Injuries from defective products or dangerous drugs
In these cases, a child injury lawyer works to show that another person or company was negligent in allowing the incident to happen.
Child Injuries from Violence and Abuse
Sadly, children are vulnerable to the actions of abusers. This abuse can occur in school or daycare, at camp, or even while under the care of a coach or mentor. In these situations, the abuser can certainly face criminal prosecution for their actions. However, the abuser could also be responsible to provide compensation to any kids that they harm. A Kyle lawyer could help in these situations and hold the abusers accountable to seek justice for the child and their family.
Special Rules for Child Injury Lawsuits in Kyle
On the surface, child injury cases are similar to adult personal injury claims in that an attorney must show that another’s actions were the source of harm. However, there are a few key laws to keep in mind.
The first is the statute of limitations on personal injury cases. In most examples, Texas Civil Practice & Remedies Code § 16.003 sets a time limit of two years after the date of an incident to demand compensation in court. However, situations involving child abuse may allow victims who are now adults to still bring a case forward. A local child injury attorney could provide more information.
Another important concept to know is that courts will always act to protect the rights of a child. Any proposed insurance settlement may need to obtain court approval before money exchanges hands. In fact, Texas Rule of Civil Procedure § 173 says that the court can appoint a Guardian ad Litem to represent the interests of a child during these sessions. This guardian can recommend that settlement money move into an annuity to wait for the child to become an adult or state that a parent can directly receive the funds.
Contact a Compassionate Kyle Child Injury Attorney Today
Injured children have the same right to demand compensation as adults. However, as minors, they must rely on parents or guardians to pursue these payments. In addition, a court must approve all settlements and may order those funds to move into an annuity.
In these situations, it is best to work with a Kyle child injury lawyer to protect the rights of your child after an injury. A compassionate attorney could work to prove that another person was responsible for an accident, or hold schools, daycares, and other businesses liable for the abusive actions of their employees. Reach out to our firm now to get the legal guidance you need.