The U.S. Centers for Disease Control and Prevention reports that an average of 12,175 children died each year from an unintentional injury between 2000 and 2006. When a child is injured due to the negligent actions of another, the child has the right to file a personal injury lawsuit. And the parents can file a claim to recover compensation for their damages.
The following reviews types of accidents that may warrant a personal injury lawsuit, the statute of limitations for filing a personal injury claim for a child, and why the help of an attorney is crucial.
Children are injured every day. However, some children’s injuries aren’t the result of clumsiness alone; rather, they occur due to the negligence of another party. Some types of personal injury claims that may be filed on a child’s behalf are below.
If another party failed to take action to prevent the injury (e.g., putting up a fence to keep children out of a pool) or did something negligent to cause or contribute to the accident (e.g., driving a school bus while impaired), the child may have a cause of action. And the parents may have a cause of action for their damages.
In Texas, nearly all personal injury claims based on negligence must be filed within two years of the accident. However, if the child is under 18, the clock doesn’t start running until the child turns 18.
The parents must file a claim for their damages (medical expenses, lost income, etc.) within two years of the accident. And the child has until age 20 to recover damages that he suffered (pain and suffering, disability, future lost income, etc.). Parents should discuss their right to recover their damages and when to file a claim for their child with an attorney.