Has Your Child Been Injured in a Car Accident? You May be Owed Compensation

The primary difference between the injuries a child sustains and that of an adult is that special care must be exercised to ensure that all of the injuries are fully discovered and that the child’s future, in terms of how the injury will impact the life of your injured child, is fully considered. An experienced lawyer, like the car accident lawyers at our Law Office, can make a fair and justifiable calculation of the damages to ensure that your child is fairly compensated for his or her injuries. More on this website

Damages a That the Family of an Injured Child is Entitled to be Compensated For

The damages a child is entitled to compensation for are the same as those an adult is entitled to receive. Two types of damages can be awarded under Texas law: general and special. General damages can vary considerably, and the potential value is subjective. General damages include pain and suffering, mental anguish, physical impairment, emotional suffering, and disfigurement. Special damages are more specific in their financial value. These examples include lost wages and lost earning capacity, medical expenses, property damage, and court costs. While lost wages may not appear to apply to most children (because a high school student with a part-time job is still considered a child under Texas law), they may seek specific damages for other things, such as their medical bills and other types of damages. In most cases, a “child” cannot pursue lost wages until he or she is 18 years old.

Statute of Limitations Extension for a Minor Child

As with injured adults, there are time limitations for filing a civil lawsuit. Generally, adults have two years from the accident date to pursue legal action. But the State of Texas allows more time for minor children. Whatever the child’s age is at the time of the accident, Texas law allows legal action until two years after the child’s 18th birthday. The same legal extension applies to minor children filing claims for the wrongful death of a parent. Effectively, the statute begins to count down from the day the child becomes an adult. This extension of the statute was instituted to ensure that the child does not lose the right to compensation simply because they were at the mercy of a parent or guardian who did not take it upon themselves to file on the child’s behalf. In cases where the defendant deliberately concealed their culpability in, for example, a death from an automobile accident, the statute may be extended to allow the deceased’s family to pursue civil action against the defendant. Also, suppose a plaintiff has suffered physical or mental incapacity that keeps them from responding within the standard two-year statute of limitations. In that case, the statute may be extended to accommodate the defendant. For example, if a divorced father and his son are involved in a car accident, the son dies. Still, the father goes into a coma for three years, and the statute of limitations could likely be extended because he was mentally incapacitated and could not pursue a wrongful death claim on behalf of his son. There are a few other exceptions to the statute of limitations that your injury accident attorney can explain to determine if any may apply to your specific case.

Our clients are family at our Law Office, and we empathize with the struggles your family must deal with. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.