Child Injury Attorney in Houston, TX
Your child being seriously harmed in an accident is one of the most frightening and traumatic events a parent can go through. In the aftermath, it can be challenging to manage a legal claim alongside the other issues life brings. A Houston child injury lawyer can aid you in this difficult period and partner with you to obtain the compensation you deserve.
About The Law Offices of Tad Nelson & Associates
Our team at The Law Offices of Tad Nelson & Associates has over 35 years of experience helping clients from Houston, League City, Harris County, and communities throughout Texas in their child injury cases. Houston personal injury lawyer Tad Nelson has represented clients in over 400 jury trials. His legal accomplishments earned him an AV Preeminent rating from Martindale-Hubbell and the title Super Lawyer annually for over ten years.
Overview of Child Injury Cases in Texas
In 2024, there were 54.5 million people in the country who received medical treatment for preventable injuries, according to the National Safety Council (NSC). An injury case involving a child is a difficult type of personal injury claim to handle.
Child injury cases in Texas typically fall under personal injury law. These claims center around proving another party’s negligence in causing an accident. The two main parties involved are the plaintiff, the person who initiates the case, and the defendant, the party seen as liable. The four main elements of negligence that the plaintiff must prove include:
- Duty of care. Establishing that another party had a legal responsibility to maintain a safe environment or act with care.
- Breach of duty. That established duty of care was broken through reckless, intentional, or negligent action.
- Causation. The breach of duty directly led to an accident that injured your child.
- Damages. The accident caused direct harm to you and your child.
Under Texas Rules of Civil Procedure Rule 44, parents or legal guardians may pursue a claim on behalf of the injured child. Courts must approve any settlement to ensure it is fair and is in the best interest of the child. Even if all adult parties agree on a pre-filing settlement, they still must submit a claim for a judge to review the terms.
Child injury cases in Houston are handled in different courtrooms depending on the financial stakes. Cases worth up to $325,000 are seen at the Harris County Civil Courthouse, located in town at 201 Caroline Street. Higher value cases would likely be handled at one of the Harris County District Courts.
Types of Child Injury Cases We Represent
Child injury cases take many forms in Texas. The extent of injuries, their severity, and the level of negligence all change on a case-by-case basis. The following are a few main categories of child injury claims that our team at The Law Offices of Tad Nelson & Associates represents:
- Motor Vehicle Accidents. Personal injury claims after vehicle accidents are the most common type of personal injury matter handled in Texas Courts. These center around another person driving recklessly or in a negligent way that played a crucial role in causing an accident. Intoxication, distracted driving, speeding, unsafe merging or turning, and other reckless driving behavior can be breaches of another driver’s responsibility to maintain safe roads.
- School and Daycare Incidents. Schools, daycares, babysitters, and any other party you leave your child at are expected to keep them safe. Some child injury claims center on injuries caused during the care of a non-parental adult. This can either be through direct action, such as violence or abuse inflicted on a child, or neglectful supervision. One casereported in 2024 by FOX 26 involved a daycare employee leaving a 4-year-old in a hot car.
- Premises Liability. Premises liability claims are for injuries that occur on another party’s property due to their failure to maintain safe conditions. This can include trips on uneven sidewalks or walkways, falls from stairways without handrails, poor security or lighting conditions, swimming pool accidents, faulty playground equipment, or dog attacks. One factor that makes property liability claims for injured children unique is the attractive nuisance doctrine. This standard refers to the measures a property owner must reasonably take to secure manmade objects or conditions that may appeal to a young child, such as play structures, pools, or trampolines. For instance, if a young child trespasses to jump on a trampoline and injures themselves, the property owner may be liable if the trampoline was not secured.
- Medical Malpractice. When your child is sick or hurt, you want to trust the medical professionals who care for them. Unfortunately, negligent behavior can leave them either untreated or worse than when you arrived. Improper dosage of medication, surgical errors, no disclaimer on risks of treatment, misdiagnoses, or neglectful care are all examples of grounds for medical malpractice claims.
- Product Liability. Product liability cases involve incidents where children are injured by a manufactured good due to a malfunction, improper labeling, a defective part, or a negligent design. Examples include a child choking on a toy that lacks adequate warning labels or a swing set breaking mid-use.
What to Avoid During a Child Injury Claim in Texas
There are many things you should avoid doing following your child’s injury, as any small mistake can jeopardize your chances of obtaining justice. The first thing you should refrain from is giving any detailed or recorded statement to insurance companies. Simple, casual comments can be used to deny your claim or reduce your coverage.
Another act you should avoid is speaking about the case via social media or public statement. As with your insurer, the negligent party’s defense team can pull media from your public pages to imply that an accident wasn’t serious or that you are lying. Do not include any details of the child’s recovery, current activities, or details around the case.
The third frequent error you should not make is gaps in your child’s medical treatment. Missing appointments or stopping treatment early on can be seen as evidence that an injury was not serious, or that it could have been caused by another party.
Finally, do not agree to any early settlement offers or sign documents without your attorney reviewing them. Defendants in child injury claims may try to end things quickly with an offer that does not cover your expenses. It is understandable to want to put this event behind you, but hasty acts can bar you from the sum you and your child should be paid.
Child Injury Claim Compensation
The compensation you may receive in a child injury case is based on the impact of the event on you and your child’s life. Economic damages pertain to the financial stress of an accident, such as medical bills, loss of income to care for your child, and ongoing special care. Non-economic damages cover emotional harm, such as pain and suffering, disfigurement, and loss of quality of life for your child.
In Texas, there is no limit to the economic damages you may seek in most cases. Since children are still growing, it can be difficult to determine the full extent of economic and non-economic harm. Claims filed against government agencies or medical malpractice cases may have maximum damages. For instance, the state government may only be liable up to $250,000 for each injured party and $500,000 for each instance of bodily injury or death.
Hire a Child Injury Lawyer
Child injury claims can be hard for parents to manage when dealing with the multitude of stressors following an accident. Hire a child injury lawyer who can work to get justice for you and your child. Your Houston child injury attorney can provide many crucial services to your case, including:
- Establishing the liable party. In complex scenarios, it may not be apparent which party is most at fault. An attorney from The Law Offices of Tad Nelson & Associates can sit down with you and go through the details of your case to determine the party most responsible for any injury.
- Drafting paperwork. Each civil claim requires extensive paperwork, with minor errors potentially leading to setbacks and costly delays. We can draft and file all documents for your case so all deadlines and requirements are met.
- Gathering evidence. Evidence is often essential in demonstrating negligence in child injury claims. Your attorney can assist in reviewing the accident site, finding witness testimonies, and gathering information that shows another party breached their duty of care to your child.
- Negotiating a settlement. Most civil matters, including child injury cases, are settled before reaching a trial. These settlements often require multiple back-and-forth offers and lengthy discussions. Your lawyer can negotiate on your behalf through this process and strive for the compensation you and your child deserve.
- Representing you in court. Our team can represent you in initial discussions, preliminary hearings, trials, and all court appearances. We can present your arguments and advocate for you both inside and outside the courtroom.
FAQs
Q: How Long Do You Have to File a Child Injury Claim in Texas?
A: How long you have to file a child injury claim on behalf of your child depends on the situation. In general, there is atwo-year window in Texas where someone can pursue legal action. If the injured party is a minor, this timeline is paused until they turn 18. If a tragic incident was fatal, the two-year time limit applies to all wrongful death claims, regardless of the victim’s age.
Q: Can You File a Claim in Texas if Your Child Was Partly At-Fault for an Accident?
A: One concern for parents filing is whether they can seek compensation if their child played a role in an accident. Texas uses proportionate responsibility rules for personal injury claims, meaning a party may recover damages if they are found to be50% or less at-fault. If they are 51% or more responsible for the accident, compensation will be barred.
Q: Do You Need a Lawyer to File a Child Injury Claim in Texas?
A: In Texas, you do not legally require an attorney to file a child injury claim against someone you feel is responsible for your child’s injury. However, experienced legal counsel can be a valuable asset before submitting paperwork. They can review your argument, gather evidence, draft formal complaints, file petitions, and prepare you for the next steps.
Q: How Long Does a Child Injury Case Take to Resolve in Texas?
A: How long your Texas child injury case takes to resolve varies based on the complexity of the case, whether a trial is required, the court workload, and the level of contention from the accused parties. A minor fender bender with a defendant eager to settle may take a few weeks or months, while an accident that disables your child for life with a negligent party that denies responsibility could take months or years to finalize.
Q: What Is the Average Settlement for Child Injury Cases in Texas?
A: A common question among those pursuing litigation is what the average settlement they can expect in their child injury case is. Texas does not have one set sum across all cases, due to the different levels of injury and the lack of public information on privately settled matters. The amount of compensation can vary greatly. A case centered on a broken arm typically results in a lower sum than claims for disfigurement.
Speak With a Houston Child Injury Attorney Today
Child injury cases can be hard to go through on your own. The Law Offices of Tad Nelson & Associates can guide you through the proceedings and support you throughout every stage of your case. We can work tirelessly for the fair compensation you and your child are entitled to.
Contact us today to schedule your initial consultation, where we can discuss your accident, liable parties, and potential strategies for moving forward. You may also visit us in person at our Galveston or League City locations. If you are unable to travel to us, please let us know so we can arrange to come to your location.
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