Was your child injured in an accident or other incident in El Paso, TX? If so, they may be entitled to compensation for their injuries from the party who caused the accident. Watching your child suffer is heartbreaking. We want to help you seek justice for them.
For over a decade, Mission Personal Injury Lawyers have fought for the rights of injured victims and their families. Our law firm has won millions of dollars for our clients in verdicts and settlements. We have a 99% success rate for the cases we handle. With over 43 years of combined experience, our attorneys are equipped to handle the most challenging personal injury cases.
Contact Mission Personal Injury Lawyers at (915) 591-1000 to schedule a free consultation with an El Paso child injury lawyer.
How Our El Paso Personal Injury Lawyers Can Help You File a Personal Injury Claim on Behalf of Your Child
Child injuries can occur anywhere. Even when parents take precautions to protect their child from harm, a negligent individual can harm them.
Texas personal injury laws protect children by providing compensation for injuries and damages. A parent can file a lawsuit on behalf of their child against the party who caused them harm. If another party caused your child’s injuries in El Paso, Texas, you need an experienced attorney to fight for your child’s right to fair compensation for damages.
When you hire our top-rated El Paso personal injury lawyers, you can trust we will handle all aspects of your child’s injury claim, including:
- Conducting a thorough investigation into the circumstances that led to your child’s injuries
- Identify all parties who could be liable for damages
- Gather evidence proving the other party is responsible for causing your child harm
- Work with expert witnesses as necessary to build a strong case
- Determine how much your child’s case is worth by analyzing their damages
- File insurance claims and handle all matters with the insurance company
- Negotiate a fair settlement with the insurance company and at-fault party
- Take your child’s case to trial if that is in your child’s best interest
Our attorneys at Mission Personal Injury Lawyers have top ratings and recognition from national legal organizations, including Super Lawyers, Expertise.com, The National Trial Lawyers, and U.S. News Best Law Firms. We have a Superb 10 rating on Avvo and were awarded the Lawyers of Distinction Award in 2020.
To learn more about your child’s legal options, contact our office to schedule a free case evaluation with an experienced El Paso child injury lawyer.
Common Causes of Child Injuries in El Paso, TX
Child injuries happen more often than many parents realize. Accidents (unintentional injuries) are the leading cause of death for children. Thousands of children sustain unintentional injuries, including catastrophic injuries that result in permanent impairments.
Common causes of child injuries include:
- Motor vehicle accidents
- Slips, trips, and falls
- Playground accidents
- Burns or scalding
- Suffocation
- Poisoning
- Defective products
- Recreational activities and sports
- Dangerous property conditions
- Intentional child abuse and violence
- School and daycare accidents
- Chocking on small items or toys
- Medical malpractice
- Drowning and swimming pool accidents
- Being trapped or crushed
- Pedestrian and bicycle accidents
- Dog bites and attacks
- Recreational vehicle accidents
If your child sustains an injury or is involved in an accident, seek immediate medical treatment. Prompt medical care could reduce the risk of permanent injuries and life-threatening conditions. It also assists with personal injury claims by documenting injuries with medical records.
Who Is Responsible for Damages in a Child Injury Case?
Any party who contributed to the cause of your child’s injury could be liable for damages. Examples of parties who could be responsible for your child’s injuries include:
- Schools and daycares
- Businesses
- Summer camp staff
- Teachers, coaches, and other adults
- Caretakers and babysitters
- Drivers in a car accident
- Property owners who fail to maintain safe premises
- Doctors, nurses, and other medical providers
- Manufacturers of defective products
- School bus drivers
- Government entities
Several parties could share liability for a child injury claim. Our attorneys can identify each party who contributed to the cause of the injury and pursue claims against all parties to maximize the money your child receives for an injury claim.
We Handle All Types of Child Injury Cases
Child injuries range from minor to catastrophic. Our attorneys have represented children who have sustained:
- A traumatic brain injury
- Broken bones
- Burns
- Neck and whiplash injuries
- Spinal cord injuries
- Back injuries
- Internal organ damage
- Soft tissue injuries
- Eye injuries
- Amputations and loss of limbs
- Crushing injuries
- Paralysis
- Wrongful death
The long-term effects of child injuries can be severe. Children may experience cognitive, developmental, and physical impairments, which may impact their education and future earning potential.
Our legal team will work closely with your child’s physicians and medical specialists to determine the extent of their injuries and damages. We will seek compensation for past and future damages to provide your child with the funds they need as they work to return to a normal life after an injury or accident.
What Damages Can My Child Receive for a Personal Injury Claim in Texas?
Texas personal injury laws compensate for a child’s economic and non-economic damages. Examples of damages in a child injury case include:
- Special education needs
- Future lost wages and diminished earning capacity
- Rehabilitative care and therapy
- Pain and suffering
- Long-term care
- Past and future medical bills
- Emotional distress and mental anguish
- Loss of quality of life and enjoyment of life
- Scarring and disfigurement
- Home modifications for disabilities
- Out-of-pocket expenses
- Impairments and disabilities
The value of your child’s damages depends on several factors. The type and severity of their injuries and financial losses are significant factors. The strength of the evidence proving fault and liability can also impact how much a case is worth.
Who Can Bring an Injury Claim on Behalf of a Child in El Paso, TX?
Minors under 18 years old do not have the legal standing to file a lawsuit or injury claim. Therefore, they must have someone file on their behalf. An adult who stands in for the minor as the “next friend” can file a lawsuit on their behalf.
The ”next friend” is usually the child’s parents or legal guardian. However, another adult could sue on the child’s behalf.
Settlements in child injury cases are handled differently than in adult cases. The court will appoint a guardian ad litem (GAL) for the injured child. The GAL will work to obtain a fair settlement for them. Once the GAL completes its evaluation, a minor settlement hearing is scheduled to obtain court approval for the settlement.
Generally, a child cannot receive settlement funds until their 18th birthday. However, parents and guardians may request disbursements from the settlement funds for expenses related to the injury.
Proving Fault and Liability for an El Paso Child Injury Case
Most child injury cases are based on negligence claims. Negligence means failing to use reasonable care to avoid causing harm or injury to someone. The evidence in a child injury case must prove all four legal elements of a negligence claim:
- The party owed a legal duty of care to the child.
- The party breached the duty of care through their acts of omission.
- The party’s breach of duty was the direct and proximate cause of the child’s injuries.
- The child sustained damages because of the breach of duty.
The injured party has the burden of proof in a personal injury case. Our attorneys diligently collect evidence to build a solid case proving each required legal element.
Does Comparative Fault Apply in Child Injury Cases?
Texas modified comparative fault laws state that an injured party’s damages can be reduced by their level of fault for causing their injuries. If the injured party is 51% or more at fault for causing their injuries, they are barred from receiving damages.
The proportionate responsibility statute applies in child injury cases. However, the court might not apply the same standard as in adult cases. Liability is based on direct cause (the reason the accident occurred) and proximate cause (foreseeability).
A child might not have the maturity to foresee the risk of injury for a particular activity. Even though the damages could be reduced under modified comparative fault, it could be more challenging for the defense to prove the child could foresee the danger and decide to act anyway.
What Is the Statute of Limitations for Filing a Child Injury Lawsuit in Texas?
The statute of limitations for child injury lawsuits differs from the deadline for adult cases. In most personal injury cases, the child must file a personal injury lawsuit two years from their 18th birthday. However, there could be exceptions, so parents should talk to an attorney as soon as possible.
Schedule a Free Consultation With Our El Paso Child Injury Attorneys
Our legal team handles all matters related to your child’s personal injury case so you can focus all your attention on your child. We will aggressively pursue a claim to hold the party responsible for your child’s injuries liable for damages. Call Mission Personal Injury Lawyers at (915) 591-1000 to schedule a free case review with one of our El Paso child injury lawyers.
