Unfortunately, accidents happen all the time. It’s especially difficult to see when a child is the victim. Here, at Hamilton Law Firm, we can help you obtain fair compensation when a child suffers personal injury due to the negligence of another. Here are some examples of how children suffer injury:
- Car accident
- Carnival ride
- Amusement park
You must take great care in your choice for representation when a child suffers personal injury because it’s often more complicated than when it happens to an adult. Children, Personal Injury and Negligence When it comes to maintaining a safe operating environment as a proprietor or being behind the wheel, individuals and/or corporations must be mindful of others’ safety. Sometimes, these dangers are obvious and sometimes it’s arguable as to whether a potential threat has been created. For example, when you’re driving a motor vehicle you cannot lawfully be intoxicated or texting on your phone. Those behaviors create ample opportunity for a serious accident due to negligence. Alternatively, if you’re the owner and operator of an amusement park during inclement weather, your walking areas might be icy and present more of a threat than any of the rides on the premises. There are many laws that guide our duty (or a company’s duty) to adhere to certain important safety standards. If a party is found to be negligent and that behavior results in personal injury to a child, that child may be entitled to damages. Sometimes, these awarded damages are quite significant. In many cases, a settlement is reached before a trial would ever occur. That settlement process differs in many fundamental ways when the injured party is a child. Settlement in Child Personal Injury Claims As you may have guessed, children are not able to file a lawsuit on their own behalf. Therefore, a parent or “stand-in” guardian does that for them. In the state of Texas, this person is called a “next friend.” In the case of a settlement, the parties will attend a hearing with a judge. The “stand-in,” or “guardian ad litem” will represent the child and do everything they can to obtain a fair result in terms of damages. Of course, when a child is injured, nothing can erase the sadness or trauma of such an event. However, an adult can try to obtain proper monetary compensation for damages. That’s extremely important because we all know how medical expenses and physical therapy (if needed) can mount, astronomically, in some circumstances. Thus, if damages are awarded, there are two main ways of compensation for the child who suffered injury:
- Funds may be held by the registry of the court until the child is an adult.
- Funds are placed in an annuity that pays out at specified intervals at a designated age.
If a child needs help due to personal injury and you believe someone else is at fault, please remember that you have effective options you can exercise. Contact Hamilton Law Firm for Exceptional Representation You may be entitled to damages if your child, or a child you know, has been injured due to negligence. We are happy to help you understand aspects of the legal process more clearly at any time. Please give us a call at 972-867-7220 for a consultation with a highly experienced personal injury attorney.