As a parent, there are few scenarios more frightening or infuriating than finding out your child has been seriously hurt due to an adult acting irresponsibly around them. As unsettling as this kind of situation can be, though, it can be very important for you to be proactive about taking legal action, since recovering civil compensation for your child now could be essential to protecting their best interests in the long term.
If you want to hold the person who harmed your kid liable for all the negative effects their actions will have on your family, there is no substitute for support from a capable Austin child injury lawyer. No matter what type of accident led to your child’s injuries or what specific losses you need to seek restitution for, a seasoned personal injury attorney’s guidance could make all the difference in how effectively and efficiently you can demand the restitution they deserve.
Since minor children cannot represent themselves in state courts, parents and guardians of minor children injured in accidents have legal standing to demand civil recovery on their behalf through private settlement demands or, if necessary, litigation in civil court. That said, there are a few key differences between these types of cases and standard personal injury claims.
To begin, it is sometimes possible to file suit over injuries to a child in situations where it would not be possible for an injured adult to submit a civil claim. For example, while landowners are generally not liable for accidental injuries to adults trespassing on their land, they may hold liability for failing to secure “attractive nuisances” that may tempt minor children into trespassing and getting accidentally injured. Swimming pools are the most common example of a potentially dangerous attractive nuisance.
Conversely, there are also some unique limitations on litigation over child injuries that do not apply to cases filed by adults. Most notably, settlement agreements made on behalf of an injured child generally must be approved by a court before they can be enforced, and any funds recovered on an injured child’s behalf generally must be put into an annuity or held in the registry of the court until the child becomes old enough to take ownership of the funds. A knowledgeable Austin lawyer can help with further understanding the nuances of filing a child injury claim.
Fortunately, one place where child injury claims and standard personal injury cases are identical is in the scope of damages which may be recoverable. Both economic and non-economic past and future losses can be factored into a lawsuit or settlement demand pursued in an injured child’s name, including:
A compassionate attorney in Austin can provide more specific guidance about what compensation a particular family could seek during a confidential consultation.
After a serious accident that leaves your child injured, getting them the necessary medical care should be your number-one priority. Once their condition is stable, though, it may be vital for you to seek fair financial restitution on their behalf.
Representation from an Austin child injury lawyer can be key to achieving a positive outcome from this uniquely sensitive type of claim. Call today to get started.