Shaken baby syndrome (SBS) is a type of traumatic brain injury caused by an extremely serious form of abuse which frequently results in permanent brain damage and life-long disability for the victim. Most victims are typically toddlers and infants aged two-years-old or younger, but it can occur in children as old as five.
If your child has been the victim of shaken baby syndrome, it is important that you fully understand your legal rights in order to aggressively pursue fair justice on behalf of your battered child. In addition to any criminal proceedings against the abuser of your injured child, it may be possible to pursue civil action in order to recover compensation related to your child’s medical expenses and for future financial considerations as a result of their permanent disabilities caused by the abuse.
Unfortunately, in Texas, the circumstance in which you can make a civil claim for compensation in a case of shaken baby syndrome are extremely rare. It is generally only possible in cases where the abuse was conducted by an employee of a licensed daycare (or other preschool or child care facility) as otherwise there is no insurance policy against which you and you attorney can make a claim.
In order to better understand this restriction, imagine that the three points of a triangle are labeled “Injury,” “Negligence,” and “Insurance.” All three must be present in order for you to be able to make a claim. If your child was the victim of shaken baby syndrome, then obviously an injury has occurred and the guilty person who abused them is obviously guilty of gross negligence. But if there is no insurance available, then it becomes very difficult to pursue a successful claim. As a Fort Worth child injury lawyer with more than two decades experience, I must tell you than unfortunately it is often impossible to find liable insurance unless the abuser in question was a daycare worker.
Call Us to Talk to a Lawyer About Your Claim
Please feel free to contact the attorneys at the Anderson Law Firm to discuss your legal rights and options with regard to your child’s shaken baby syndrome injury claim. We offer free, no obligation consultations and work on a contingency fee basis, which means that you don’t pay us any money up front and that we only get paid once we have successfully settled your claim.
Contact us online or call toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900.
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