When a child suffers an injury due to another party’s negligence, parents face overwhelming questions about medical bills, long-term care needs, and their child’s future. Children deserve protection, and when that protection fails, families need legal advocates who understand the unique complexities of pediatric injury cases. These situations require immediate attention to preserve evidence and protect the child’s legal rights before important deadlines pass.
At Byrd Davis Alden & Henrichson, LLP, we recognize the profound impact a child’s injury has on an entire family. As Austin’s oldest personal injury law firm, established in 1959, we bring over six decades of experience to each child injury case. Our dedicated child injury lawyers focus on securing the compensation families need to provide the best possible care for their injured children while fighting for justice against those responsible.
Understanding Child Injury Claims in Texas
Child injury cases differ significantly from adult personal injury claims due to special legal protections and considerations under Texas law. Children cannot make legal decisions for themselves, so parents or guardians must act on their behalf throughout the legal process. Additionally, the statute of limitations for child injury cases extends until the child reaches age 20, providing more time to understand the full extent of injuries and their impact.
Texas courts recognize that children face unique vulnerabilities and may not understand or avoid dangers that would be obvious to adults. This principle affects how liability is determined in cases involving playground accidents, daycare incidents, or situations where adult supervision was required. Property owners, caregivers, and institutions often have heightened duties of care when children are present.
Common Types of Child Injuries
Children face injury risks in various settings throughout their daily lives. Daycare injuries represent a significant category, including incidents involving inadequate supervision, unsafe facilities, or staff negligence. Schools and recreational facilities may also be locations where children suffer harm due to dangerous conditions or a lack of proper oversight.
Medical-related injuries can occur during routine care or emergency treatment when healthcare providers fail to meet appropriate standards for pediatric patients. Birth injuries caused by medical negligence during delivery can have lifelong consequences, requiring extensive medical care and specialized support services.
Product liability cases involving defective toys, car seats, or other children’s products can result in serious injuries when manufacturers fail to adequately test their products or provide proper safety warnings. Motor vehicle accidents also pose significant risks to children, whether as passengers, pedestrians, or cyclists.
Proving Liability in Child Injury Cases
Establishing liability in child injury cases requires demonstrating that the responsible party failed to exercise reasonable care to protect the child from harm. This process involves gathering evidence from the incident scene, obtaining medical records, and consulting with appropriate medical professionals to understand the full extent of the child’s injuries.
The legal concept of premises liability often applies when children are injured on someone else’s property. Property owners have a duty to maintain reasonably safe conditions and warn of known dangers. When children are involved, this duty may extend to taking additional precautions to protect young visitors who may not recognize hazards.
In cases involving traumatic brain injuries or other catastrophic harm, establishing the long-term impact becomes crucial for determining appropriate compensation. These evaluations require input from medical professionals, educational specialists, and other professionals who can assess how the injury will affect the child’s development and future opportunities.
Damages Available in Child Injury Cases
Compensation in child injury cases must address both immediate needs and long-term consequences of the injury. Medical expenses form a significant component, including emergency treatment, ongoing therapy, medications, and future medical care the child will require throughout their lifetime. These calculations require careful analysis by medical professionals who can project future treatment needs.
Educational accommodations and special services may become necessary when injuries affect a child’s cognitive abilities or physical capabilities. The cost of these services, along with any reduced earning capacity the child may experience as an adult, must be considered when determining appropriate compensation.
Pain and suffering damages recognize the physical discomfort and emotional trauma the child has endured. While children may not fully understand the legal process, they certainly experience the physical and emotional consequences of their injuries. Parents may also recover damages for their own emotional distress and the impact on family relationships.
Contact Byrd Davis Alden & Henrichson, LLP
Child injury cases demand lawyers who understand both the legal complexities and the emotional toll these situations place on families. Our child injury attorney have spent over 65 years building a reputation for handling sensitive cases with precision and compassion. We have recovered more than $100 million for our clients and maintain a 98% success rate in the cases we accept.
Our board-certified personal injury lawyers bring trial experience that insurance companies respect, often leading to favorable settlements without lengthy court proceedings. We understand parents need answers and support during these difficult times, which is why we provide personalized attention to every family we serve. Call one of our child injury lawyers today at (512) 454-3751 or contact us online to discuss how we can help protect your child’s future.