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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.
A child injury claim is a type of personal injury claim. It is filed for a minor who was hurt in a car accident. Usually, a parent or legal guardian starts the claim. They do this to get money for the child’s medical costs, pain, and other damages. These claims can be complex. This is because there are special factors to consider when looking at a child’s injuries and future needs. It is important to have a skilled Houston car accident lawyer. They should know how to handle cases with minors and guide you through the legal process.
When a child gets hurt in a car accident in Houston, the claim process starts with the at-fault driver’s insurance company. The insurance company will look at the accident details and the child’s injuries. They will decide how much compensation is fair. If the insurance company makes a settlement offer, the parent or legal guardian must review and approve it. If the settlement is not enough, the case may go to trial. A judge or jury will then decide how much money the child should receive. This process shows how important it is to have a skilled car accident lawyer. They can help protect the child’s best interests.
In child injury claims, the standard of negligence is often lower than in cases involving adults. This is because children are not expected to have the same level of awareness or understanding of potential dangers as adults. Consequently, the court may hold the at-fault driver to a higher standard of care when a child is involved. For instance, if a driver fails to yield to a child pedestrian, the court may find the driver negligent even if the child was not adhering to traffic rules. This higher standard of care reflects the vulnerability of children and the greater responsibility placed on drivers to ensure their safety. Texas cases have held, young children are incapable of being held negligent for comparative responsibility purposes.
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. Pain and suffering can be a big impact on a child’s mental and emotional well being.
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 acknowledges the deep effects of personal injury. It aims to provide comfort and recognition for the big changes in children’s lives.
Economic damages in child injury claims encompass a range of financial losses directly related to the child’s injuries. These include medical expenses, lost wages (if the parent had to take time off work), and other out-of-pocket costs. Medical expenses can be extensive, covering emergency room visits, surgeries, ongoing treatments, and rehabilitation. In cases where a child has permanent injuries, economic damages may cover long-term care and support. This can include hiring a caregiver or making changes to the home to meet the child’s needs.
The financial impact of a child’s injuries can be significant, and the insurance company may offer a substantial settlement to cover these costs. However, ensuring that the settlement adequately reflects all current and future expenses is crucial. Consulting with a child injury lawyer can help families with these talks. They can get the money needed for the child’s recovery and future care.
In addition to economic damages, non-economic damages like pain and suffering, trauma, and emotional distress are also critical components of a child injury claim. Although these damages are more subjective and harder to quantify, they play a vital role in addressing the overall impact of the injury on the child’s quality of life. A skilled lawyer can help articulate these non-economic damages to ensure they are appropriately considered in the settlement.
If your child has been injured in a car accident, seeking the advice of a qualified car accident lawyer is essential. Many lawyers offer free consultations, providing an opportunity to discuss your case and determine the best course of action. The average settlement for a child in a car accident can vary widely. Still, with expert legal guidance, you can pursue the compensation necessary to cover your child’s medical expenses, pain and suffering, and other related damages.
When making a child injury claim, it is important to know the types of damages you can seek. This helps ensure full compensation for the child’s injuries and recovery. These damages typically include:
By understanding and pursuing these types of damages, families can ensure that they receive the necessary support to address all aspects of their child’s recovery and future well-being.
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. While some estimates of average settlement amounts are available, the actual settlements require attorney expertise to evaluate. Documenting injuries and seeking prompt medical attention is 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. We do NOT use formulas and have many 6 and 7 figure settlements for injured children.
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. Thorough documentation of the child’s injury and care is vital to a successful insurance claim. 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 navigating the complexities of accident settlements. Injuries to children are more complex when settling given the protections provided by Texas. 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.
If your case settles, most of the time use recommend an annuity to protect the money for your child.
We have helped families with injured children get full compensation after an injury for over 40 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. Addressing both physical injuries and emotional trauma is essential for the child’s healing process. 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 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 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
Texas Personal Injury Lawyer Near You
How to Calculate Pain and Suffering from Auto Accident Claims in Texas
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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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