Child Injury Attorney in Friendswood, TX
Having a child injured can turn a parent’s world upside down. Moments after a careless act can lead to extensive medical bills and painful rehabilitation. The emotional toll can impact siblings and other relatives as well. Fortunately, speaking with a Friendswood child injury lawyer early can help you understand your rights and options.
Friendswood is a rapidly developing community just north of Houston along FM 528, FM 518, and I-45. Given the frequent travel to Galveston and Houston, kids in Friendswood are vulnerable to accidents around the clock, even at home. At The Law Offices of Tad Nelson & Associates, our Friendswood personal injury lawyer knows that these cases take time, focus, and special consideration.
About The Law Offices of Tad Nelson & Associates
With deep roots in the Galveston and Houston community, The Law Offices of Tad Nelson & Associates provides clients with hands-on representation focused on results. From having actual attorneys handling your case and caring about the outcome to taking the time to evaluate your case and discuss your options, we care about you and your family. We work tirelessly to obtain the long-term stability our clients deserve.
Friendswood Child Injury Cases
When a child is injured, they could suffer harm that continues to affect them for years to come. Children’s cases are handled differently from those of adults. Children’s bones and bodies are still developing. An injury that may seem minor can have long-term consequences for your child’s future. Common types of child injuries include:
- Auto accidents. Kids ride in cars everywhere they go in Friendswood. I-45, FM 528, and FM 518 see a lot of traffic with children being passengers and pedestrians.
- Playground accidents. There are several playgrounds in Friendswood and along the way to and from Galveston and Houston.
- Daycare and school negligence. When you’re handing your child over to someone else to watch, you expect the utmost care.
- Pool accidents. In many neighborhoods in Friendswood, there are pools in backyards.
- Defective toys or products. Children are attracted to colorful packaging and fun-shaped toys. Unfortunately, some of these toys and products can cause serious injury.
Depending on the type of accident, there may be different parties responsible for the injury. A school may have a duty to monitor the children on the playground. Property owners have a duty to ensure their property is safe for visitors. An experienced Friendswood child injury attorney can investigate how and where a duty was breached.
Child Injury Laws in Texas
In Texas, we understand children may not always be able to seek compensation for themselves. Under Texas Civil Practice and Remedies Code § 16.001, a child has a longer period of time to file a claim for their injuries. Unlike most personal injuries, where you have two years from the date of the accident to file a claim, a child’s statute of limitations for their personal injury will not typically begin to run until the child turns 18 years old.
Texas Family Code § 41.001 also provides that a child’s parent may file a claim and have a claim filed against them on their child’s behalf. Keep in mind that there is a higher duty of care owed to children. Because children may not be aware of the danger that they are putting themselves in, an increased level of care is needed to keep them safe. This usually comes into play with properties where children are likely to be, such as schools and daycare facilities.
Challenges With Friendswood Child Injury Claims
From 2014 to 2023, 145,125 children and teens in the United States died from injuries. About 60% of the deaths from injuries were caused by road accidents, gun violence, and drug overdoses in both cities and rural regions. Death rates from injuries rose by an average of 3.0% per year in cities and 1.7% per year in rural areas.
The main issue with a child injury claim is that you must consider the future. When it comes to adults, you know now what their injuries are. With a child, you have to speculate what their injuries could cause in the future. Questions doctors may try to answer include:
- Will the injury affect their growth?
- Will the child need long-term care?
- Did the injury cause head trauma and affect how the child thinks or feels?
- Will the child need special education?
All of these questions must be answered to truly know what your claim is worth. Many times, the severity of a child’s injuries is not discovered until months or sometimes years after the injury occurs. Remember, too, that courts have oversight on any settlements in these cases. This is because the court must approve all settlements to make sure that the minor child is being properly taken care of.
Local Considerations
Friendswood is a community between Houston and Galveston. Many Friendswood residents work in Houston or commute to and from Galveston. Students also travel through Friendswood to get to school in Houston. Because of this, there are unique risks to children in Friendswood. The Friendswood Courthouse is located at:
Galveston County Justice Center
600 59th Street
Galveston, TX 77551
Some of the cases that come through Friendswood and Galveston courts are more thoughtfully handled than others. In child injury cases, the courts prioritize the child’s well-being, considering both immediate and long-term needs when determining settlements.
Liability in Child Injury Cases
In order to recover compensation from a personal injury claim, you must be able to show who was at fault. When a child is injured, we must determine who had a duty to keep the child safe. Some common examples include:
- Negligent drivers who hit child pedestrians or passengers
- Property owners who failed to keep their property safe
- Schools or daycare centers that failed to supervise children
- Manufacturers who sold defective or dangerous toys/products
Texas uses a comparative fault system. This means that more than one party can be liable for damages to your child. However, because children are young and may not be aware of their surroundings, this can play a factor in who is at fault.
The Impact of Your Child’s Injury
Some injuries that your child suffers may affect them for a prolonged period of time. For example:
- Your child may not be able to play sports or participate in other activities they enjoy.
- Your child’s injury may cause social awkwardness.
- Your child’s injury could cause emotional distress.
- Your child’s injury may have an impact on their ability to get a job or go to college.
Speak to your child’s doctor about their long-term effects. Your Friendswood child injury lawyer will want to know about any possibilities of future injury.
Hire a Child Injury Lawyer as Soon as Possible
The earlier you hire a child injury lawyer, the better. If you wait too long, evidence may be lost. Pictures get deleted, surveillance videos get overwritten, witnesses become harder to track down, and memories fade.
Insurance companies for the at-fault party will also want to settle your child’s claim as soon as possible. However, when you hire a child injury lawyer, you can advocate so that you are not rushed into making a decision about your child’s injury.
FAQs
Q: What Is the Punishment for Injury to a Child in Texas?
A: The offense may be punishable by anything from probation to jail time based on the severity of the offense as well as the mental state of the defendant. Injury to a child is a crime in Texas that can be punished as a state jail felony or as a felony of the first degree. Punishment for injuring a child ranges from fines and probation to 10 years in prison for state jail felonies and up to life in prison for first-degree felonies.
Q: What Counts as Injury to a Child?
A: In Texas, injury to a child refers to intentionally, recklessly, or with criminal negligence causing bodily injury, mental illness, or emotional distress to a child under the age of 15 years old. This covers both actions taken and failures to act, specifically when neglecting a child’s fundamental needs for care, oversight, or safety causes them harm.
Q: What Are the Six Common Child Injuries?
A: The most common injuries include broken bones/fractures, head injuries, burns, drowning/near drowning, poisoning, cuts/lacerations. Many injuries can happen when playing at home, school, and local playgrounds. Injuries can also occur when simply walking to school or a friend’s house. Injuries can be minor or severe in nature.
Q: What Is the Charge for Injury to a Child in Texas?
A: In Texas, injury to a child can be charged as a state jail felony, felony of the third degree, felony of the second degree, or felony of the first degree. If the person acted intentionally or caused serious bodily injury to the child, then the offense can be charged as a second-degree felony or first-degree felony if the conduct was committed with intent and causes permanent bodily injury or impairment to the child.
Contact The Law Offices of Tad Nelson & Associates Today
If your child has been injured due to the negligence of another party, The Law Offices of Tad Nelson & Associates can help you in the legal process.Contact us today for a free consultation.