If your child has been injured due to another person’s negligence throughout Texas and Louisiana it can be a very traumatic and heart wrenching experience. You want what’s best for your child and to make sure they are compensated if at all possible for the injuries they have suffered. Therefore, it is essential to contact an experienced personal injury lawyer throughout Houston and the surrounding areas in Texas. Depending on the circumstances surrounding your child’s injuries, the attorneys of Ben Bronston & Associates may be able to travel within all areas of Texas and Louisiana to discuss the facts of your child’s case and any options for recovery that may be available.
It is important to remember that you always have a right to choose your legal representation and are not required to settle for the first lawyer who tries to contact you.
Houston Child Injury Lawyer
Contact Ben Bronston & Associates, Attorneys at Law for a consultation about the injuries your child sustained from someone else’s negligence throughout the areas of Houston, including the Heights, the Galleria, Memorial, Bellaire, Sharpstown, West University, Highland Village, City Centre, Downtown, EaDo, Midtown and Rice Village. Attorney Ben Bronston is knowledgeable in all areas of Texas and Louisiana’s child personal injury laws and will make every effort to help your child receive the damages they deserve from their personal injury. Call Ben Bronston & Associates, Attorneys at Law today about your child’s personal injury claim in Texas at 713-CALL-BEN or (713) 225-5236. To reach the Louisiana office for a consultation about your child’s injury throughout Louisiana, call (504) 799-0771.
Houston Child Injury Information Center
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Houston Negligent Child Injury Claims
Child injury claims are typically caused by the negligence of another person. Some of the most common child negligence claims in Texas and Louisiana can arise from:
- Child Care Accidents – These claims can arise when your child was injured while at day care or in the care of another person. Child care accident claims often also include negligent supervision claims, and come from the negligence of the day care or an employee of your child’s care facility. Examples can include if the child was injured from unsanitary conditions, from playground equipment or if the child was not properly supervised.
- School Accidents – These claims can arise when your child was injured at school due to the school’s negligence or the negligence of an employee of the school. These claims can include sports injuries sustained at school.
- Child Abuse – These claims can arise when a child has been abused and suffered physical injuries due to a person’s sexual assault or physical abuse of the child.
- Sports Injuries – These types of claims can arise when your child was injured while playing sports in school or recreationally and was injured as a result of another person’s negligence.
- Negligent Supervision – These types of claims can arise when an individual that had a duty to exercise reasonable care to control a minor child in order to prevent the child from harming himself or others failed to so, and as a result caused the child bodily harm.
- Attractive Nuisance – Injuries from an attractive nuisance can occur when something is so attractive to a child that it entices them to another person’s property but the object or condition is potentially harmful to a child. Examples of attractive nuisances can include swimming pools, dangerous animals, wells and machinery.
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Filing a Lawsuit for Child Injury Negligence Claims in Houston
If your child was injured due to another person’s negligence, it is very important to contact an experienced personal injury lawyer as soon as possible. If you are unable to reach a settlement with the negligent party, your attorney may want to file a lawsuit on your behalf. Unfortunately in Texas, you only have two years to file a lawsuit for your child’s injuries due to another person’s negligence. According to the Texas Civil Practice and Remedies Code § 16.003, a statute of limitations (SOL) prevents an individual who suffered a personal injury from another person two years after the date of injury.
Additionally, although many injured parties prefer to reach a settlement, occasionally the individual who negligently injured your child may refuse to pay for your child’s damages or dispute or deny any or all of your child’s claims for personal injury. In these cases, it is important to hire an experienced lawyer to represent you in your negligence lawsuit and help your child recover the financial compensation they deserve for their injuries.
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Child Injury Negligence Elements in Houston
In order to win a negligence lawsuit in Houston, your attorney will have to prove four elements of a negligence claim by a preponderance of the evidence. A preponderance of the evidence is a burden of proof at trial that your attorney must satisfy in order to win. This burden of proof is measured by whether the evidence weighs more in your favor than it does not and is generally a low burden of proof.
Additionally, your attorney must be able to prove the following four elements by a preponderance of the evidence at trial in order to win your lawsuit:
- Duty – The individual who injured your child must have had a duty to exercise reasonable care in order prevent a foreseeable harm to your child. This duty can vary depending on the circumstances surrounding your child’s injuries and the individual who caused your child’s injuries.
- Breach – The individual who injured your child must have breached their duty by failing to act with reasonable care in regards to your child in order to prevent the foreseeable harm.
- Causation – The individual’s acts or failure to act must have been the actual and proximate cause of your child’s injuries.
- Damages – Your child must have some form of compensable injury as a result of the negligent party’s breach of their duty.
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Houston Child Injury Damages
As defined in Chapter 41 of the Texas Civil Practice and Remedies Code, a child that has been injured due to another person’s negligence may be able to recover any of the following types of damages:
- Economic Damages – These damages are awarded in order to compensate the injured child for any actual or pecuniary (financial) loss they may have suffered.
- Non-Economic Damages – These damages are awarded in order to compensate the injured child for any non-financial loss they may have suffered, including:
- Mental or emotional anguish,
- Loss of companionship and society,
- Physical pain and suffering,
- Physical impairment,
- Mental or emotional pain and suffering, and/or
- Loss of enjoyment of life.
- Compensatory Damages – These damages are awarded in order to compensate the injured child for both economic and non-economic damages, but not exemplary damages.
- Exemplary Damages – These damages are awarded in order to punish the individual who caused your child’s injuries because their actions were so grossly negligent. In order to receive these damages, the court must find the individual who caused your child’s injuries acted maliciously by intentionally causing the child’s injury or because the actor knew their conduct could create an extreme risk of serious injury but consciously disregarded that risk. These damages are also known as punitive or punishment damages.
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Ben Bronston & Associates, Attorneys at Law | Child Injury Lawyer in Houston
Contact Ben Bronston & Associates, Attorneys at Law today for a consultation about your child’s injuries from another person’s negligence in Harris County, including the cities of Houston, Baytown, Humble, Katy, Pasadena, Seabrook, Spring, Sugar Land, Tomball and Webster. Ben Bronston is an experienced personal injury attorney in Houston who will make every effort to fight for the damages your child deserves due to another person’s negligence. Contact Ben Bronston & Associates, Attorneys at Law at 713-CALL-BEN or (713) 225-5236 for a consultation about your child’s injuries in Houston. To reach the Louisiana office for a consultation about your child’s personal injury in Louisiana, contact (504) 799-0771.