What damages can my child recover in a San Antonio child injury lawsuit?

Here in San Antonio, Texas, children harmed by the negligent or reckless actions of another are entitled to recover economic damages, non-economic damages, and punitive damages. Economic damages include emergency room costs, rehabilitation care, surgeries, aid devices, future care needs, and any lost wages and out-of-pocket expenses the parent experiences. Non-economic damages involve psychological impacts such as pain and suffering, mental anguish, and emotional distress. In certain situations, punitive damages are also possible. Punitive damages, also called exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and deter them from engaging in actions that could hurt others in the future.

If my child was injured in a San Antonio Daycare, how can I hold the childcare facility liable?

Holding a daycare or daycare and after-school facility liable after your child is harmed requires sufficient proof that the establishment or its employees were negligent or incompetent in causing your child's suffering. Some of the common causes of daycare injuries include inadequate staffing, unqualified workers, unsafe facilities, and criminal acts. To help ensure that the private daycare center and childcare worker are held accountable for their unsafe practices you should report the incident to the Texas Department of Family and Protective Services and contact experienced daycare injury legal team. The States investigator and your attorney will quickly investigate the facility, preserve important evidence, and help determine what childcare regulations have been violated.

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Fort Worth Child Injury Lawyer Brit Mitchell

Q: What is a child injury lawyer?

A child injury attorney is a personal injury lawyer who provides legal services to families whose children have been physically or psychologically injured as a result of a negligence person, company, or entity. Child injury attorneys practice in the area of law known as tort law and handles a range of accidents including; car accidents, defective products, daycare accidents, dog bite claims, birth injuries, and others. These attorneys work to identify all liable parties, collect evidence, interview witnesses, negotiate with the insurance company, and take the case to court, when necessary.

Q: Do I need a lawyer for a child accident case?

Although having a lawyer is not a legal requirement, it is strongly recommended that you hire an attorney if your considering pursuing a child injury or abuse case. Even if you believe your child is at-fault in causing his or her injuries, consult with a lawyer before taking any action or deciding not to act. Texas law charges adults and caretakers with elevated standards of care in situations that involve children, which reduces a child's proportionality responsibility. In situations where liability is clear, claim involving hurt children can still be difficult to navigate as they often involve long-term medical treatment, case experts, multiple defendants, State and Federal safety laws, and dismissive insurance adjusters. These factors combine to make child accident cases complicated and highly contested, which is why you need an attorney to protect your child's rights.

Q: When should I get a child injury attorney?

You should consult with a child injury attorney the moment it is safe to do so after learning your child was harmed due to the negligence or wrongdoing or another person or entity. Although some accidents involving children do not require an attorney’s assistance, it is also helpful to have someone with legal knowledge and experience handling injury claims involving children to review the facts of what occurred and inform you of your legal rights and options.

Q: How much is the average settlement for a child injury lawsuit in San Antonio?

The average settlement for the a child personal injury accident, which is the most common tort claim in San Antonio, is $90,000 for the attorney at Sneed & Mitchell LLP. Child injury claims generally settle for full sum of the liable parties liability insurance coverage, so some claims settle for $30,000, while other settle for millions, depending of the extent of injuries the child has experienced.

Q: How do you prove negligence in a child accident case?

In Texas, negligence in lawsuits involving injured children is demonstrated by a plaintiff proving four things in court: duty, breach, causation, and damages. Common circumstances where defendant's fail in their duty of care include negligent supervision, negligent hiring and training, and negligent maintenance of equipment. Your attorney will investigate the accident and gather evidence in the form of camera footage, witness statements, company records, and maintenance records to determine how the defendant's actions failed to meet the level of care required by law.

Q: Who can make a claim on behalf of an injured minor in Texas?

In Texas, only parents and legal guardians have the legal ability to file a personal injury lawsuit on behalf of an injured child. A child can only bring a claim on their own is they are legally emancipated, which removed the disabilities of minority.

Q: What is the deadline to file a child injury lawsuit in Texas?

In Texas, the statute of limitations to file a child injury lawsuit is two years after the child turns 18 years old. Unlike personal injury claims involving adults, the law tolls the start of the two year statute of limitations until the child reaches the age of majority.

Fort Worth Most Recommended Child Injury Lawyers for 2022 and 2023. Brit Mitchell Is Recognized Statewide And Ready To Assist Your Family.

As a parent, hearing the news that your child has been harmed is devastating. The truth is that kids here in Fort Worth are vulnerable to injuries and even fatalities due to the careless or malicious actions of others. The medical costs associated with these types of traumatic events can add up quickly and often linger for years beyond childhood. Fortunately, Texas law aims to protect children who have been hurt as a result of car accidents, harmful environments, negligent caregivers or unsafe products. Knowing that there are legal rights in place to go after justice can bring some peace of mind during such difficult times.

If your child has been injured as the result of someone else's negligence, it is important to consult with attorney Brit Mitchell right away. With years of experience as a Fort Worth Child Injury Lawyer, she knows how to handle lawsuits surrounding injuries to children and will take the utmost care in ensuring that your child gets fair compensation for their trauma. To arrange a free consultation with Brit directly, simply call (866)434-0014 or fill out the contact form on his website and one of his team will give you a call shortly afterwards. Get in touch today and protect your child's rights!

Fort Worth Child Injury Attorney Brit Mitchell

What are my legal rights after my child was injured in an accident?

After your son or daughter has been injured due to someone else’s negligent or reckless behavior, you have the right under Texas law to seek recourse through legal channels and receive compensation for physical injury, pain, suffering, and accrued medical bills. An experienced child injury attorney can prove invaluable in such circumstances. They will be highly knowledgeable about the laws in this field and how to navigate them effectively.

The attorney’s investigative abilities will provide insight into the accident through interviewing witnesses and accessing camera surveillance if available. Additionally, they can identify any possible sources for compensations aside from insurance companies. Ultimately, your child will be in good hands with an experienced attorney who will be committed to fighting for their rights and guaranteeing that they are suitably compensated for their ordeal.

A qualified attorney will discuss the facts of your case, guide you through the legal process, and negotiate with insurance companies to ensure that you receive enough compensation for your family's pain and suffering. They will also make sure your rights are adequately represented in any lawsuit that may arise from the injury. Don’t wait until it’s too late to seek help--contact a reputable child injury attorney today for an effective resolution to your situation.

What is a child injury lawyer?

A child injury lawyer is an attorney who specializes in representing children and their families in legal cases involving injuries to children. These lawyers have experience and knowledge in the laws and regulations that pertain to child injuries, and they can help parents navigate the legal system to obtain compensation for their child's injuries.

Child injury lawyers handle a wide range of cases, including but not limited to:

Accidents in schools, playgrounds, daycare centers, and other public places
Injuries caused by defective products, such as toys and baby gear
Medical malpractice cases involving children
Injuries caused by abuse or neglect
Injuries caused by dangerous drugs or medical devices

These lawyers work to help parents understand the legal process, gather evidence, and negotiate settlements or litigate in court on behalf of the child and their family. They also help families understand the long-term financial and emotional impact of their child's injuries, and work to ensure that the child and their family receive the compensation they need to cover medical expenses, lost income, pain and suffering, and other related expenses.

Do I need a lawyer for a child accident case?

You should hire a child injury attorney to represent you child in an accident case if any of the followng situations apply to your circumstance:

The injuries are severe: If your child has suffered serious injuries as a result of an accident, you may want to consider hiring a lawyer to help you navigate the legal process and ensure that you receive the maximum compensation possible for your child's injuries.
The case is complex: If your child's accident involves multiple parties or is particularly complex, it may be helpful to have a lawyer who can help you understand the legal process and gather the necessary evidence to build a strong case.
You are not getting the compensation you deserve: If you are not getting the compensation you believe your child is entitled to, a child injury lawyer can help you negotiate with the insurance company or take legal action to ensure that you receive the compensation you deserve.
The case may go to trial: In some cases, accident claims may go to trial, and it's important to have a lawyer who can represent you and your child in court.

Even if you decide not to hire a lawyer, it's important to be aware of your rights and the legal options available to you. A lawyer can help you navigate the legal process and ensure that your child's rights are protected.

When should I get a child injury attorney?

It is generally best to contact a child injury attorney as soon as possible after an accident occurs. Here are a few reasons why you should consider getting a child injury attorney early on in the process:

Evidence Preservation

A child injury specialist can help you preserve important evidence that may be necessary to build a strong case. This evidence may include photographs, video footage, and witness statements, which can be lost or become less valuable over time.

Statute of Limitations

In Texas the statute of limitation for personal injury cases is two years, which limits the amount of time you have to file a lawsuit. For minors the two years timeframe is delayed and does not start until the child turns 18 years old. However, contacting an attorney early on can help ensure the evidence to prove your child's claim is properly preserved.

Investigation

An attorney can begin an investigation into the accident right away, gathering evidence, interviewing witnesses, and determining who may be liable.

Negotiations

The attorney can help you negotiate with the insurance company or other parties involved in the accident, and can help you understand your options and rights.

Medical treatment

The legal counselor can help ensure that your child receives the necessary medical treatment and that the cost of treatment is covered by the liable party.

Overall, the sooner you contact a legal professional, the better chance you have of getting the compensation that your child and your family are entitled to.

Common Injuries Child Injury Lawyers Assist With

Child injury lawyers assist with a wide range of injuries that can occur to children due to accidents, abuse, or neglect. Some common injuries that child injury lawyers assist with include:

Fall Injuries

Falls are a leading cause of injury among children. According to the Centers for Disease Control and Prevention (CDC), falls are the most common cause of nonfatal injuries among children aged 0 to 19 years in the United States. Children are particularly susceptible to fall injuries because they are still developing their motor skills and may not fully understand the potential dangers around them.

Falls can result in a wide range of injuries, ranging from minor scrapes and bruises to more serious injuries such as spinal cord injuries, herniated disks, or even paralysis. Head injuries are particularly concerning, as they can cause serious long-term cognitive, emotional, and motor impairments. Fractures, sprains and strains, and dislocations are also common injuries that result from fall injuries.

Concussions

Brain injuries and other forms of traumatic brain injuries (TBI) can happen in any circumstance that involves a blows to the head. Most concussions are mild and will resolve on their own, but some can lead to more serious problems that may require long-term treatment, such as a brain stem injury.

Fractured or Broken Bones

Children are more likely to suffer from broken bones in accidents than adults. Most breaks heal without any complications, but some can lead to long-term problems. In severe cases, a broken bone can cause nerve damage, crush injury, loss of mobility, amputations, or even death.. If your child has suffered a break, it is important to seek medical attention immediately and follow the instructions of their physician to ensure a full recovery.

Internal Injuries

A child may suffer internal bleeding in an accident for a variety of reasons. One common cause is a blow to the abdomen, which can rupture the spleen or damage other organs. In addition, a fall or impact to the head can cause bleeding within the skull. While some bleeding is visible externally, other types may not be immediately apparent.

Burns

Burn injuries are a common occurrence among children. According to the American Burn Association, approximately 400,000 burn injuries are treated in the United States each year, with about 50% of those burns occurring in children. Children are particularly susceptible to burn injuries because their skin is thinner and more delicate than adult skin, making it more easily damaged. In addition, children may not fully understand the dangers of hot liquids, chemicals, or fire, and may not be able to protect themselves from burns.

Drownings

According to the CDC, drowning is the second leading cause of unintentional injury-related death among children ages 1 to 14. On average, about 10 people, mostly children, die from drowning in the United States every day. Drowning deaths among children occur in a variety of settings, including pools, lakes, rivers, and oceans, and can happen quickly and silently. Children are particularly at risk of drowning because they are not always able to swim, and may not fully understand the dangers of water.

Choking Hazards

Children choke on food and small objects more often than many people realize. By understanding the risks and taking proper precautions, such as close supervision during mealtime and careful selection of toys, we can help prevent these accidents from happening.

What damages can my child recover in a Fort Worth child injury lawsuit?

In a child injury lawsuit in Fort Worth, the child or their legal guardian can seek damages to compensate for the harm and losses they have suffered as a result of the injury. The damages sought in a child injury case can be divided into two categories: economic damages and non-economic damages.

Economic damages

Economic damages involve the financial losses suffered by the child or their family as a result of the injury. These can include things like medical expenses, future medical expenses, lost wages, loss of earning capacity, and other out-of-pocket expenses.

Non-economic damages

This category refers to the emotional and psychological harm suffered by the child and their family as a result of the injury. These can include things like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

How much is the average settlement for a child injury lawsuit in Fort Worth?

In 2022, the majority of the injury cases involving kids with our law firm settled for more than $50,000, but some claims can settle for much more or less depending on the extent of the injuries. Sneed & Mitchell LLP has successfully represented many clients in these types of cases and can help you get the financial recovery your child deserves.

How do I find a lawyer in Fort Worth for child injuries?

If you are looking for a child injury lawyer in Fort Worth, there are several ways to find a qualified and experienced attorney to help you with your case. One of the best ways to find a lawyer is by asking for recommendations from friends, family, or other professionals you trust. You can also do research online and look for reviews and ratings of different lawyers in your area.

Child Injury Statistics

Child injury statistics provide a disheartening glimpse into the consistent dangers that children face in our society. Our attorneys consistently analyze the empirical data and advocate for legislation that further protects children from experiencing unintentional injuries. Some of the most recent and alarming child injury and mortality rates are as follows:

According to the Center of Disease Control and Prevention (CDC), in 2022 unintentional injuries are the leading cause of death among children in the United States, accounting for nearly 60% of all deaths among children ages 1 to 19.
In 2019, over 12,000 children under the age of 19 died from an unintentional injury in the United States.
Falls are the leading cause of non-fatal injuries among children, with more than 8,000 children under the age of 19 dying from fall-related injuries in 2019.
Suffocation and choking are also a significant cause of child injury and death, with more than 3,500 children under the age of 19 dying from suffocation and choking in 2019.
3 in 4 suffocation deaths occur children while in their homes and often involve beds and bedroom elements.
Burns are also a significant concern for children, with more than 3,000 children under the age of 19 dying from burn-related injuries in 2019.
The U.S. Consumer Product Safety Commission (CPSC) reported that there were roughly 198,000 children under 15 years old receiving emergency room visits in the United States due to injuries related to toys and playground equipment.

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How do you prove negligence in a child accident case?

When it comes to lawsuits about injured kids in Texas, a plaintiff must prove four elements in court. Things like negligent supervision, hiring/training and maintenance of equipment are good examples when defendant's fail their duty towards those children. To establish the necessary evidence for legal proceedings your attorney will be thorough-looking into camera footage, witness reports along with business and maintenance records which could show how the accused didn't meet expected standards that law requires from them.

Who can make a claim on behalf of an injured minor in Texas?

Texas law recognizes that children are not in a position to pursue justice for personal injury, so it grants only parents and legal guardians the right to act on behalf of an injured child. It is rare though - Emancipation can give minors the power take their own matters into court.

What is the deadline to file a child injury lawsuit in Texas?

In Texas, if your child suffers an injury due to another's negligence or wrongful act, you have two years from their 18th birthday to file a lawsuit. This provision allows for extra time as the statute of limitations does not begin running until they come of age - ensuring that minors aren't deprived access to justice.

My child was hurt in a car accident here in Fort Worth, what can I do?

When a child is hurt in a car accident in Fort Worth, parents should take several important steps to ensure that their child receives the necessary medical attention and that their rights are protected. First, always call the Fort Worth Police Department by dialing 911 and take the child to the nearest emergency room for a complete medical evaluation. The responding officer will report the accident, gather information from all drivers involved, and determine liability. When you leave the accident site, consult with child car accident attorney Brit Mitchell to assist with the legal process and ensure that your child receive the compensation you deserve. By following these steps, parents can help their child receive the best care and protect their rights in the aftermath of a car accident.

My child was at a Daycare in Fort Worth, is the childcare facility liable?

If your child has been injured at daycare, you have the right to pursue a lawsuit against the establishment due to the negligence or unsafe actions of their employees. A child injury advocate can examine the circumstance to determine whether the facility violated any of the minimum standards established by the Texas Department of Family and Protective Services. Common unsafe practices include; inadequate staffing, unqualified employees, dangerous playground, acts of abuse and other criminal actions. After an incident you should always request to speak with the daycare direction and contact an attorney willing to send an evidence preservation letter to the at-fault party. Childcare facility's are required to maintain general liability insurance, so there is coverage available for personal injury claims.

Are school districts liable for school bus accidents in Fort Worth?

School districts in Fort Worth can all be held liable for any bus accidents where their commercial driver is at-fault. The Texas Tort Claims Act provides a guideline on how to file claims against government entities involved with the incident. Depending on how the crash occurred, victims may seek damages from multiple parties due to our state's proportionate responsibility laws when an accident was caused by both vehicles, or a manufacturing defect. Investigations of school bus crashes play an essential role when determining who is most at fault in collisions here in Tarrant County.

My child drowned in a swimming pool, how to I get an attorney?

If your child has suffered an injury while swimming in or around Fort Worth, the first step is to contact Brit Mitchell. Brit Mitchells expertise lies in investigating such claims and uncovering any hazards that may have caused harm; from broken ladders at public pools, shallow ends of backyard pool, lack of proper locks on water parks -even natural ponds- no stone will be left unturned. Timely legal action could bring justice for your family so don't hesitate to reach out!

My child was hurt by a toy, how can I sue the product manufacturer?

When a child suffers an injury related to a defective product or wrongful death, it can be heartbreaking for the family. Fortunately, help is available in holding manufacturers accountable with the assistance of an experienced child injury advocate. The U.S. Consumer Product Safety Commission provides that common causes of serious toy-related accidents include tricycles, scooters and balloons as well as battery operated toys that might have hidden dangers or improper warnings on packaging. A products liability attorney will investigate these factors when determining if there has been negligence that could result in successful litigation against those responsible.

A doctor misdiagnosed my child, what are our legal rights?

When a doctor's misdiagnoses amounts to a negligence, your child may be eligible for some form of compensation. A nurse expert or medical malpractice attorney will examine the medical records searching for evidence clearly proving that the doctor failed in their duty toward you and your child. While having a reliable attorney representing you will increase your chances of success, it remains challenging to prove malpractice in court since it requires thorough due diligence and client assistance on your part as well.

My child lost their life in an accident, are there wrongful death attorneys that help kids?

The family of a child who has lost their life in an accident may be able to pursue legal action against those responsible for it here in Texas. Here, at Sneed & Mitchell, we're help to help. Let us provide you compassionate service, prompt answers, and financial compensation for the pecuniary injuries. Unfortunately, avoidable fatalities happen often in Fort Worth. A child injury lawyer will fight to ensure the liable party is held full accountable. Losing a child in an accident is an unimaginable tragedy and most families are at a loss of how to find justice. Fortunately, there are wrongful death lawyers that specifically handle cases involving minors, meaning the parents of the victim may still be able to seek compensation due to their child's untimely death.

Fort Worth Child Injury Attorney

Attorney Brit Mitchell has been providing parents in Fort Worth and throughout Texas with the justice they need after their children are injured or suffer neglect due to someone else's mistake. Brit Mitchell is a child injury attorney and your best choice for restoring peace when life throws your family an unexpected curveball. Call Brit Mitchell today at (866) 434-0014 or fill out our quick contact form and we'll call you immediately.

Brit and her team of childcare advocates are the experts you need to ensure your child receives justice after being wrongfully injured. With no attorney fees unless a successful result is achieved, our experienced lawyers provide free virtual or telephone consultations every day of the week - so don't wait. Downloading our eBook can also give you timely insight into what it takes for daycare centers and their workers in Bexar County to be responsible caretakers. Get started today!

At Sneed & Mitchell LLP, our commitment to providing exceptional client representation has not gone unnoticed. Our superior handling of child accident claims have garnered well-deserved 5-star ratings on Google, AVVO and Facebook. Further extending the reach of justice in Texas, we proudly accept referral cases from other lawyers located across Dallas, Austin and Houston areas.

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Common Types of Injuries To Children

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