If your child was injured due to the negligent actions of another, the party responsible could be held liable for damages. A San Antonio child injury lawyer could investigate the cause of your kid’s injuries and help you hold the negligent party accountable for their actions. With the help of a skilled personal injury attorney, you may be eligible to recover compensation on behalf of your child for damages such as medical expenses, pain and suffering, mental anguish, impairment and loss of enjoyment of life.
Children are vulnerable and prone to accidents such as slip and falls or other injuries that may result from dangers on someone else’s property. There are also some potentially dangerous situations that children uniquely face, such as when they’re passengers on school buses or are left in the care of babysitters. If a child suffers an injury while in these situations, they may have the right to seek compensation for their injuries and losses.
Sometimes even minor collisions with a school bus could result in children getting thrown around the inside of the bus especially when there’s a lack of seatbelts. Children are also sometimes vulnerable to the acts of adult people in a position of authority. The daycare centers, churches, and other organizations that oversee these programs may be liable in cases involving abuse. Common injuries kids face can include:
Of course, children may also suffer harm in many of the same ways as adults. They may suffer harm in car accidents, slip and falls, or because of defective products. It is the responsibility of plaintiffs in these cases to prove that a defendant was negligent, and that this negligence resulted in an injury. It will require determining whether a defendant had a duty to protect the child and whether their actions or failure to act was the cause of the injury. A San Antonio child injury attorney could help prove the necessary negligence.
The age of a plaintiff is irrelevant when determining if a defendant is liable for the negligence that results in harm. A San Antonio child injury attorney could help to gather evidence that proves a defendant to be at-fault for a child’s injuries.
While children have every right to seek compensation for their losses, they also cannot enter into legally binding contracts on their own. Therefore the child’s parent or legal guardian is necessary to sign on their behalf.
Once a settlement is secured, however, the court must appoint a guardian ad litem to protect the child’s interests and ensure that the settlement is fair and in the best interests of the child. Whenever there’s a proposed settlement on behalf of the minor child the first thing that’s done is get a guardian ad litem appointed by the court. The guardian as litem is usually an attorney who has experience with being a guardian ad litem. Once the guardian ad litem is appointed a special hearing is held before the court called a friendly suit hearing. At the hearing the judge will listen to the guardian ad litem’s report to determine and approve the settlement as being in the best interests of the child. A San Antonio child injury attorney could help children and their parents or legal guardians navigate the legal system to ensure that their rights are protected.
It is a sad fact that children are just as vulnerable to personal injuries as adults from the negligence of others. In fact, because of their age it may make it more difficult to spot dangerous situations or avoid potential harm to them. Kids who suffer personal injuries and their families have the right to demand compensation. This includes payments for the costs of medical treatment as well as compensation for pain, suffering, impairment and loss of enjoyment of life.
A San Antonio child injury lawyer could help to guide children and families through the claims or trial process while helping to gather evidence in the form of police reports, camera footage, and witness statements. Finally, they can negotiate with insurance companies to help ensure a fair and prompt claims process. Reach out to a San Antonio child injury lawyer today to discuss your options.