We represent people of all ages who’ve been injured by the negligence of another. We help the elderly who are injured in falls or neglect Anderson Injury Lawyers also represents children harmed at daycare centers or wherever they may be while in the care of others. We help everyone in between as well.
There isn’t different negligence law for children. Whether a person is injured in a vehicle accident, is struck by a vehicle while riding a bike, or while crossing the street, the law is the same whether the victim is a child or an adult. The biggest change is that a child under the age of 18 must have a parent, guardian, or “next friend” oversee the case.
School Liability or Lack Thereof
Children are often injured while in school. Under Texas law, it’s tough to have a successful injury case against a school system, no matter how negligent its employee may be. There’s a limited exception to accidents involving school vehicles. If the injury or death is due to the operation or use of a motor-driven vehicle and the employee responsible would be personally liable, a lawsuit may go forward.
If that’s the case, you could seek compensation for the injuries. Damages paid to victims are limited to $100,000 per incident. Whether there’s one injury or 30, all the plaintiffs would share the $100,000. That may not be enough to reasonably cover one serious injury.
The strict limits on liability in state law are based on “sovereign immunity” which shields government agencies and organizations. It doesn’t apply to private or religious schools, which should have insurance coverage for students’ injuries.
Your Child is Injured at a Friend’s Home or While a Passenger in a Friend’s Family Car
If your child is severely injured at a friend’s house, the parents or other adults in the household may have been negligent by not maintaining a safe home or yard or failed to supervise the children. If there is a dangerous dog, unsecured gun, unsupervised swimming pool, or other hazardous condition on the property that leads to the injury, the homeowner may be liable. If the child living at home negligently or intentionally harms your child, his or her parents or guardians may be held responsible for the injury, depending on the situation.
If your child is injured as a passenger in a vehicle driven by a friend’s parents or guardians, there could be legal action against the negligent parties. The ones responsible for the injuries could be the driver of the car transporting your child, the other driver who struck it, or both. If your son or daughter is injured while in your vehicle in an accident you caused, your auto insurance should cover the claim.
Who Gets the Compensation?
When a lawsuit is filed and whether it settles or goes to trial and is successful, the money for the child can be placed in the registry of the court to be paid to the minor when he or she turns 18, or it can buy an annuity which can pay out at various times after the child turns 18. Given most 18-year-olds aren’t good money managers, often the annuities are structured so the money will be disbursed at different ages. If the harm is a lifelong disability and the amount of money is substantial, it may be paid out over decades.
Was Your Child Injured Because of Another’s Fault? Contact Anderson Injury Lawyers
If your child is injured by the negligence of another, contact Anderson Injury Lawyers as soon as possible. We have handled many cases involving children seriously hurt in a number of situations. Allow us to establish liability, negotiate with the responsible party’s insurance company, and recover the fair and full compensation you may be entitled to. Call us at (817) 294-1900 today.