Has your child been injured in a car accident?
If your child is injured in a car accident, it is important to know
that your children have the same rights as you, your spouse, or any
other adult and that they are entitled to compensation for damages
incurred. The primary difference between the injuries a child sustains
and that of an adult, is that special care must be exercised in order
to ensure that all of the injuries are fully discovered and that the
child's future, in terms of how the injury will impact their lives, is
considered. An experienced lawyer, like the
Dallas car accident lawyers
here at Grossman Law Offices, can make a fair and justifiable
calculation of the damages to ensure that your child is fairly
compensated for his or her injuries.
Damages a 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 damages and special damages. General
damages can vary considerably, and the potential value is subjective.
Examples of general damages are pain and suffering, mental anguish,
physical impairment, emotional suffering and disfigurement. Special
damages are more specific in their financial value. Examples include
lost wages and lost earning capacity, medical expenses, property damage
and court costs. While lost wages may not apply to most children (bear
in mind that a high school student with a part-time job is still
considered to be a child under Texas law), they may seek specific
damages for other things such as their medical bills and other types of
damages.
Statute of limitations extension for a minor child
As with injured adults, there are time limitations for filing a suit.
In general, adults have two years from the date of the accident 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.
Regardless of where you live in Texas, the law is the same. For your
convenience,
Grossman Law Offices serves all of Texas, and we don't
charge you a dime unless we win.
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Questions answered on this page:
What rights does a child have in a car accident case?
How long does a child have to file a personal injury claim?
What damages is a child entitled to be compensated for in a car accident case?