When a child is injured in an accident, the emotional and physical trauma can be overwhelming for the entire family. As parents, nothing is more heart-wrenching than watching your child suffer due to an injury caused by someone else’s negligence.
The aftermath of a child’s injury often extends far beyond the initial pain, leading to long-term consequences that require extensive medical treatment, counseling, and rehabilitation.
Families may need to put their lives on hold to focus on their child’s recovery. In some cases, children may never fully return to the life they knew before the accident. As a parent or guardian, you want to do everything possible to support your child’s physical and emotional healing. Part of this support is seeking financial compensation from the negligent party responsible for the injury, which can help cover medical bills, therapy, and other related costs.
If your child has been injured in an accident, contacting a San Antonio child injury lawyer from Patterson Law Group can provide the legal guidance and support you need during this difficult time. Our team is committed to helping families in San Antonio pursue justice and secure compensation for their child’s injuries.
Types of Accidents Involving Children
Children are especially vulnerable to accidents because of their age and inexperience. Some common types of accidents that lead to child injuries include:
Car Accidents
Car accidents are a leading cause of injuries in children, often resulting in broken bones, head trauma, and other severe injuries. Whether passengers or pedestrians, children are at risk in auto-related accidents.
Amusement Park Accidents
Although amusement parks are meant for fun, accidents can occur due to faulty rides, poor supervision, or unsafe conditions. These accidents can result in broken bones, brain injuries, or even fatalities.
Pedestrian Accidents
Children are often involved in pedestrian accidents while crossing streets or walking in areas with heavy traffic. Distracted or reckless drivers can cause catastrophic injuries in these cases.
Birth Injuries
Birth injuries occur when a child is injured during labor or delivery due to medical negligence. These injuries can lead to long-term disabilities and require extensive medical care.
Bicycle Accidents
Children riding bicycles are at risk of accidents, especially when drivers fail to notice them or when bike paths are not properly maintained.
Drowning Accidents
Drowning is a leading cause of death for children, especially in unsupervised pools, lakes, or other water areas. Negligence in supervision or unsafe water environments can result in tragedy.
Slip and Fall Accidents
Children can easily slip and fall in public places, schools, or playgrounds due to unsafe conditions like wet floors, uneven surfaces, or cluttered areas.
Playground Accidents
Unsafe playground equipment or lack of supervision can lead to serious injuries, including fractures, head injuries, and spinal cord damage.
Dog Bites
Children are often victims of dog bites, which can result in physical disfigurement, emotional trauma, and the need for medical attention.
Traumatic Brain Injuries (TBI)
Head injuries can have a lasting impact on a child’s cognitive and emotional development. TBIs can result from accidents like falls, car crashes, or sports injuries.
Defective Product Injuries
Faulty products such as car seats, cribs, or toys can cause severe injuries to children. Manufacturers may be held responsible for producing dangerous products.
Neck and Back Injuries
Injuries to the neck and back can result from a variety of accidents, leading to chronic pain and mobility issues for children.
School Bus Accidents
Accidents involving school buses can result in serious injuries to children, particularly when negligence is involved, such as unsafe driving or improper vehicle maintenance.
Daycare Accidents/Abuse
Children entrusted to daycares are vulnerable to accidents or, in some tragic cases, abuse due to negligent supervision or unsafe environments.
Spinal Cord Injuries
A spinal cord injury can lead to paralysis, chronic pain, and a lifetime of medical care. These injuries often result from severe accidents like car crashes or falls.
Negligent Supervision Accidents
Children are at risk of injury when caregivers fail to provide proper supervision. Whether in a school, daycare, or other settings, negligent supervision can lead to preventable accidents.
Attractive Nuisance Accidents
Children are naturally curious; dangerous objects or areas such as pools, construction sites, or machinery can attract them, leading to serious injuries.
Elements of a Child Injury Lawsuit
To successfully pursue a child injury lawsuit, certain elements must be proven:
Duty of Care
The responsible party must have had a duty to exercise reasonable care to prevent harm to the child. This means they were expected to act in a way that protects children from danger.
Breach of Duty
The at-fault party failed to meet their duty of care, either through an action they took or by neglecting to take an action that would have prevented the accident.
Causation
The breach of duty directly caused the child’s injuries. It must be shown that the injury would not have occurred without the negligent actions of the at-fault party.
Injury and Compensation
The child must have sustained an injury that deserves compensation. Compensation can cover medical bills, pain and suffering, and other losses.
Compensation for Your Child’s Injuries
If your child has been injured due to someone else’s negligence, you may be eligible to receive compensation for various damages. Our San Antonio child injury lawyer will demand full compensation for:
- Medical Bills: Current and future medical expenses related to the injury.
- Future Loss of Income: If the child is disabled and unable to work in the future.
- Disfigurement: Compensation for permanent physical scars or deformities.
- Pain and Suffering: Compensation for the physical and emotional pain endured by the child.
- Mental Anguish: Compensation for the psychological trauma caused by the injury.
- Emotional Distress: Support for the emotional toll the injury has taken on the child and family.
- Wrongful Death: If a child tragically passes away due to their injuries, compensation may cover funeral expenses and other losses.
Child Injury Cases vs. Adult Personal Injury Cases
When children are harmed by the acts of other children, the court will consider the offending child’s age to determine who is liable for the injuries and damages.
- Children Under Age 5: Children under five are legally incapable of negligence in Texas, meaning they are not held to any standard of care.
- Children Ages 5–14: Children between 5 and 14 are held to a different standard of care than adults. The courts consider what a reasonably prudent child of the same age would do in similar circumstances.
- Children Ages 14–18: Teenagers between 14 and 18 are often held to the same standard of care as adults in personal injury cases.
- Vicarious Liability: If a child under 18 is negligent and causes an accident, their parents may be held legally responsible for their actions.
- Parental Responsibility: Parents are accountable for both the intentional and unintentional actions of their children that result in harm to others.
How Settlements Work in a Child Injury Case
Court Approval
The first crucial step is obtaining court approval for the settlement. This process involves presenting the case to a judge, who will evaluate the terms of the settlement to ensure that it adequately benefits the child and addresses their needs, both immediate and long-term.
Trust Account
Typically, the settlement funds are deposited into a trust account. This account is managed by a fiduciary, ensuring that the money is safeguarded until the child reaches the age of 18. This arrangement helps to prevent any premature or mismanaged use of the funds, allowing them to grow over time and be available for the child’s future expenses, such as education or medical care.
Early Access
The court may grant early access to the trust funds in certain special circumstances, such as a medical emergency or other significant needs. This allows the guardians to withdraw a portion of the settlement to address urgent situations while ensuring that the child’s financial future remains a priority.
Cap on Attorney Fees
In cases involving child injury, attorney fees are often capped to protect the child’s financial interests. This cap is designed to ensure that the child receives the maximum settlement amount possible, allowing more funds to be allocated for their care and future needs instead of being diminished by high legal costs.
Contact a San Antonio Child Injury Lawyer
If your child has been injured in an accident, it is important to seek legal representation to ensure your child’s rights are protected. The legal team at Patterson Law Group is dedicated to providing personalized legal support to families navigating the complexities of child injury claims.
Our San Antonio child injury lawyer is experienced in handling a wide range of cases and will fight to secure the compensation your child deserves. Contact us today for a free consultation at Patterson Law Group. Let us handle the legal work so you can focus on what truly matters—your child’s recovery.
Reach out to us today to start securing justice for your child.
