Few circumstances are more upsetting for a parent than having your child suffer a serious injury. Unfortunately, these incidents are common occurrences that often result from an act of negligence. Protecting the rights of your child is critical in this situation, but it can be difficult without the help of a dedicated personal injury lawyer.
Thankfully, you have access to the support and counsel of our experienced attorneys, who understand how to seek justice in these cases. Letting a Seguin child injury lawyer handle every aspect of the case could provide your child with the financial resources they deserve.
When another person is responsible for injuring a child, they can be held accountable through a civil lawsuit. The key question in this scenario is whether they acted negligently. If the adult owed the juvenile a duty of care, they could face civil liability for their role in harming them.
Defendants are held to a higher standard when the injured party is under the age of 18. There are times when a person is found negligent in these cases when they would not be if the injury victim was an adult. For example, state law recognizes the attractive nuisance doctrine. Under this legal theory, property owners are responsible for any injuries that occur to a child trespassing on private property if a hazard that was likely to attract a young person was present. The most common example of these hazards is a swimming pool.
It is important to note that juveniles lack the right to represent themselves in court, even when they have a viable claim for compensation. Instead, their parent or guardian must file a lawsuit on their behalf by stepping into their shoes as a next friend. In this scenario, the adult takes the lead in the lawsuit, but the proceeds are ultimately reserved for the child.
The court carefully oversees the outcome of these cases. Before a settlement can be finalized, the judge will review the case to determine it is fair for the young plaintiff. Any settlement is typically placed in a fund or held by the court for the benefit of the child until they reach the age of majority. A lawyer in Seguin can guide a family though this process after a injury to their child.
The monetary awards available in these cases vary with the circumstances. By hiring a Seguin child injury attorney, it is possible to secure damages for their short- and long-term needs.
A plaintiff can recover economic and non-economic damages in these scenarios. In other words, damages could be available based on the child’s measurable monetary losses as well as the subjective harm that comes with a serious injury. Some examples include the following:
Experienced legal counsel can carefully evaluate the extent of a childhood injury and determine what their negligence claim might be worth.
In the aftermath of an incident that leaves your child with severe injuries, it is important to rely on legal counsel you can trust. Handling these claims on your own can lead to costly errors. Let a Seguin child injury lawyer advocate for your family. Call right away to learn more.