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(281) 587-1111
(281) 587-1111
(281) 587-1111
March 1, 2024 by Greg Baumgartner
After a car accident, a child’s pain and suffering can be profound, and the law in Texas allows for compensation. Yet the personal injury claim process for children differs from an injury claim for adults. Here’s how to understand and navigate the claim process for an injury to a child for the best outcome.
Pain and suffering because of personal injury go beyond just the physical hurt; it includes the deep emotional and mental distress that comes with it. Pain and suffering trauma can encompass various emotional and psychological issues, such as anxiety and depression, highlighting the significant impact of car accidents on children.
Every child’s experience with pain and suffering is unique, reflecting their physical pain and their impact on their life and happiness. In legal terms, compensation for pain and suffering recognizes these invisible yet profound effects of personal injury, aiming to offer some form of comfort and acknowledgment for the significant change in children’s lives.
Special legal considerations are made for a child injured in car accidents. Claims account for both physical and psychological effects, and knowing these legal details is key to advocating for your child.
Personal injury claims involving minors come with legal complexities. In various states, like Illinois and Florida, it is typically a parent or guardian who files these claims, and there are specific laws to ensure the claims serve the child’s best interests, such as court approval for settlements.
In Texas, injury cases involving minors involve extra protections with the court. Precautions are needed because children cannot protect themselves legally. With a settlement for personal injury to a child, a judge will appoint an ad-litem to advise the court about the fairness of any settlement. Such appointment is required under Texas Rules of Civil Procedure 173.
The ad-litem is not the child’s attorney but protects the child’s interests by advising the judge about the fairness of any settlement with the minor.
Evaluating a child’s pain and suffering considers the severity of the child’s injuries, recovery time, and life impact. Documenting injuries and seeking prompt medical attention are crucial to support claims for compensation. Legal experts use these to calculate fair compensation. And as set forth above, a judge would need to approve any settlement for an injury to a child.
Some personal injury lawyers use a multiplier method for calculating pain and suffering. The multiplier method uses economic damages and a factor of 1.5 to 5 to determine the settlement value.
The personal injury lawyers at Baumgartner Law Firm do not use the multiplier method for injuries to children. In our judgment, the method is woefully inadequate to assess damages to children.
Our child injury attorney in Houston assesses damages for injured children on a case-by-case basis to ensure maximum compensation for your child.
Strong claims need solid evidence like medical records and psychological assessments, especially when dealing with the financial implications of a child’s injury, such as the child’s hospital bills. This proof is crucial for a successful claim. Getting an experienced child injury lawyer in Houston is the right step to protect your child’s rights.
The most powerful evidence of an injury to a child is the treating physician’s testimony about the injury, its cause, and the impact on the child.
Negotiating a child injury claim requires a careful strategy to cover all aspects of their suffering. Consulting a skilled car accident lawyer is crucial to navigate the complexities of accident settlements. Settlement might involve ongoing discussions with an insurance company, making legal representation essential to protect your child’s rights. Often, a child injury attorney will use demonstrative evidence to show the seriousness of an injury and address medical expenses, which can form the basis for seeking compensation from the party at fault.
We have helped families with injured children get full compensation after an injury for over 35 years. Call Baumgartner Law Firm for a free consultation about your rights and options to protect your child’s interests.
While pursuing legal remedies, the child’s recovery should be the priority. Seeking immediate medical attention in an emergency room is crucial for identifying injuries that may not be immediately apparent. For an injured child, various types of damages can be claimed, including emotional and psychological impacts. Permanent injuries from car accidents can lead to prolonged treatment and potential psychological issues. Parents can seek compensation for their child’s physical injuries even if they themselves did not sustain any. Traffic accidents can result in lifelong healthcare costs, making it essential to understand the legal recourse available.
Securing compensation involves understanding legal protections, obtaining and preparing evidence, and negotiating strategically. With a leading children’s personal injury lawyer, families can ensure their child receives the necessary support.
Call Baumgartner Law Firm at or email us for a free case evaluation and consultation.
Securing compensation involves understanding legal protections, obtaining and preparing evidence, and negotiating strategically. With a leading children’s personal injury lawyer, families can ensure their child receives the necessary support.
Call a top-rated Houston personal injury lawyer at Baumgartner Law Firm at (281) 587-1111 or email us for a free case evaluation and consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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