Our children are a pivotal part of our lives, and are likely the reason we strive to do better and provide for our family. Our children offer a glimpse into our past, and a solid transition into our future. Unfortunately, we cannot always be nearby to protect our children from injuries, but we can ensure that their injuries result in an appropriate settlement.
Child injuries can unfortunately occur after any accident. Many involve the following:
- Car accidents
- Truck accidents
- Dog bites
- Playground accidents
- Medical malpractice
- Product liability
- Daycare Accidents
Children have curious minds and do not always perceive dangers with the amount of apprehension that an adult would. Therefore, many accidents occur due to the naivety of the child, but also due to the negligence of the adult in failing to protect the child. Children are often entrusted to adults, whether baby sitters or teachers, and parents are assured that their children will be save while in these adults’ care. Unfortunately, the failure to supervise children can quickly have a catastrophic impact on the child, their family, and their future.
Accidents which occur in daycares are especially common. While most daycare employees are accustomed to daily incidents involving the children in their care, it is important that they continue to remain vigilant to protect all the children. The failure to notice one child acting in a dangerous manner could have an impact on that child and the other children in the daycare group. A manufacturer of a toy who does not anticipate a potential inappropriate use of the toy by a child could equally be held responsible for the resulting injuries. Manufacturers and retailers have a duty to warn (through a warning label) of the dangers of a product’s unintentional use. The failure to include such a warning on a toy or an appliance could lead to a claim against the negligent manufacturer.
Personal Injury Recovery
Texas is a partial comparative negligence state, which means that if your child is found to be greater than 51 percent at fault for the accident and the resulting injuries, you may be prevented from bringing a claim. However, it is important to consult with an attorney prior to this determination so you can understand the degree of fault.
After any devastating accident, the family of the child injured in the accident is entitled to bring a claim for damages that includes the following:
- Medical expenses
- Rehabilitation expenses
- Future earnings
- Pain and suffering
Items such as future earnings are often reserved for extreme accidents which result in a complete lifestyle change for the child, such as accidents leading to paralysis, traumatic brain injuries, or severe burns. An experienced attorney will project out the potential earning capacity of the child in drafting a claim for damages. This is important because it will represent the life that the negligent party took away from your child.
Malley Law Firm | Houston Child Abuse Attorney
If your child was injured in an accident, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in handling personal injury claims, and will work closely with your family to determine the approach to take after a devastating accident occurs. Contact our Houston or Beaumont offices today for your initial free consultation.