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No parent should have to cope with their child suffering a serious injury due to the misconduct of another adult, but sadly, it is a common scenario. Fortunately, state law allows the parents and guardians of injured children to file a civil suit in their child’s name to seek compensation on their behalf for short- and long-term losses they will experience because of their injuries.
If your child has been involved in an accident resulting from another person’s negligence, an experienced personal injury attorney could help you seek civil restitution. From the beginning to the end of your legal proceedings, a New Braunfels child injury lawyer from our team at Dennis Injury Law could provide the support you need to maximize your chances of success.
An adult owes a duty of care to others around them, including minors, whenever their actions might foreseeably cause harm to someone else. For instance, if a driver commits a moving violation and crashes into a vehicle containing a child, they would be legally liable for the child’s injuries and all subsequent losses directly related to that driver’s negligence.
Importantly, the law recognizes scenarios in which an adult may bear responsibility for a child’s injury even when that same conduct would not create liability for an injury to an adult. For example, if your child accessed private property in New Braunfels and hurt themself on some construction equipment that they did not realize was dangerous, our child injury attorney could help you hold the owner of that property at fault for your child’s injuries under the attractive nuisance doctrine.
The modified comparative fault system outlined in the Texas Civil Practice & Remedies Code § 33.001 through § 33.012 means that when an adult or a child contributes to causing themselves personal injury through irresponsible conduct, a court can assign them a percentage of comparative fault. The court can then reduce the value of the injured party’s final damage award or even deny them compensation altogether based on that percentage of fault.
However, courts often evaluate a child’s ability to understand risk on a case-by-case basis when deciding legal responsibility. Our seasoned child injury lawyers in New Braunfels could help you navigate this challenging process in a fair and informed way.
Learning that your child has suffered a serious physical injury can be an incomparably upsetting experience. To then have to seek civil compensation for your child’s injury-related losses is an additional stressor, but support is available from our compassionate legal counsel.
Our New Braunfels child injury lawyer could help you understand your options and guide you through the claim process. Contact us today to schedule a confidential consultation.