Looking for a lawyer that handles Injuries to Children in Austin?
Most of the time, parents are unsure if they are eligible to file personal injury claims on behalf of their children. If your child sustains an injury that results from the negligence of another person, then you are indeed entitled to make such claims for them.
Until the child reaches 18 years of age, parents and/or guardians can file for a compensation claim that is rightfully deserved based on the injuries caused to the child. The parent or guardian will then be referred to as a ‘litigation friend.’ This litigation friend must be an independent party who was not involved in the accident that caused the injury. For example, a mother who is driving with her child rear-ends another vehicle, resulting in the child being injured, cannot be the one to file for the claim. In this case, the litigation friend may be another parent or guardian, and it will be most likely the insurance company who will cover for the damages sustained both by the mother, the child, as well as the vehicle.
Moreover, the child has up to 3 years by the time he reaches 18 years to make the claim himself, provided that no such claim had been filed previously.
There are several instances wherein a personal injury claim can be filed on the child’s behalf:
- Car accident, with the child as a passenger
- Bicycle and motorcycle accidents
- Pedestrian accidents
- Accidents incurred in school, nursery, or at college
- Accidents in amusement parks
- Escalator and elevator accidents
- Product defects that cause injuries
- Dog bites
- Slips and falls
- Swimming pool accidents
- Negligence in the hospital
If such accidents occurred because of the negligence of others, where they did not place proper attention and care which caused the accident, the child’s parents and guardians can stand as litigation friends and are legally eligible to make claims for the child who was injured. With the proper compensation received for the damages, any pain and suffering can somehow be alleviated and lifted off the family’s shoulders. To file for a claim, it is best that the litigation friend file the case while evidence is still fresh and presentable, and while witnesses can still vividly recall the circumstances surrounding the accident.
The McMinn Law Firm
Our children are perhaps our most precious treasures, and we here at The McMinn Law Firm believe that it is never a light matter when our children are injured and harmed just because other parties failed to do their responsibilities. We understand that as parents and guardians, you will do everything just so they can have a life that is comfortable and happy, and that these injuries are not at all acceptable, no matter what the cause may be. We recognize that there are no excuses allowed for such negligence – especially to our children. We can understand how devastating it is to see your child in pain and maybe even traumatized, which causes great agony and sorrow to you and the rest of your family.
Here at The McMinn Law Firm, we have been helping families who are experiencing a difficult time because a child is suffering from an injury. In the rare yet unfortunate occurrence of a wrongful death, all the more we know that there is no amount of compensation or reprieve that can replace the love and presence of a child. But we will still do our best to ensure you seek justice and that liable parties are penalized. Furthermore, we want you to receive the proper compensation to at least help with the other burdens that are bothering you.
Contact The McMinn Law Firm Today
When it comes to our children getting hurt, no offense – light or grave, is a light matter. We work hard to give the best to them, and if it takes one negligent act from another that causes them pain, then it is a battle that should be fought aggressively. We here at the McMinn Law Firm would like to fight this battle with you. To discuss your case, we’d appreciate if you contact us so we can fight this battle together.