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.
What is Pain and Suffering in Texas for Children?
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. This kind of damage isn’t just about the bills from the doctor —it’s about the emotional strain, the anxiety, the sadness, and the disruption to a child’s life and happiness.
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.
Read More: Can I Bring a Personal Injury Claim on Behalf of a Child in Texas?
Legal Protection for Injured Minors in Texas
Special legal considerations are made for minors in car accidents. Claims account for both physical and psychological effects, and knowing these legal details is key to advocating for your child.
In Texas, injury cases involving minors involve extra protections with the court. The precautions are needed because a child 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 serves to protect the interests of the child by advising the judge about the fairness of any settlement with the minor.
Assessing Compensation
Evaluating a child’s pain and suffering considers injury severity, recovery time, and life impact. 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.
Documentation’s Role
Strong claims need solid evidence like medical records and psychological assessments. 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.
Settlement Process
Negotiating a child injury claim requires a careful strategy to cover all aspects of their suffering. Settlement might involve ongoing discussions with insurers or court presentations. Often, a child injury attorney will use demonstrative evidence to show the seriousness of an injury.
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.
Read More: When Should I Hire a Child Injury Lawyer?
Child Recovery Focus
While pursuing legal remedies, the child’s recovery should be the priority. Access to counseling and rehabilitation aids their healing process. As part of the injury case, all proof of the impact on the child’s life should be used.
Contact Baumgartner Law Firm About a Child Injured in an Auto Accident
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 (281) 587-1111 or email us for a free case evaluation and consultation.