As a parent, all you want to do is protect your child. Seeing your child suffer is excruciating. If someone else’s negligence is to blame for your child’s injury, they should have to pay the consequences and be financially accountable for the harm they caused.
An experienced McAllen child injury lawyer can discuss your legal options for pursuing legal action and seeking compensation to help your child with their future needs. The Law Office of Lino H. Ochoa is your trusted legal advocate. Our Mcallen, Texas-based attorney has over 25 years of experience. He has recovered tens of millions of dollars in financial compensation for personal injury victims and their families.
Contact our law offices to learn more about your legal rights when you call at (956) 815-0055 for a free consultation.
How Our Personal Injury Law Firm Can Help After Your Child Was Injured
Handling a legal claim can be complex. Special rules apply to cases involving child injury victims. If your child was injured, we can provide you and your family with peace of mind while we focus on the legal aspects of your claim, such as:
- Investigating the accident and identifying all at-fault parties
- Gathering and preserving evidence that demonstrates liability
- Compiling information on the full extent of your child’s injuries
- Handling communication with insurance companies and reviewing applicable insurance policies
- Filing legal claims on your child’s behalf and managing case deadlines
- Negotiating for maximum compensation
Call our personal injury law firm in McAllen, TX, today to schedule a free consultation with a McAllen personal injury attorney.
How Much Is My Texas Child Injury Case Worth?
Each case is different. The potential value can depend on factors specific to your child’s case, such as the type of injury they suffered and the anticipated impact it will have on your child’s life. Factors that might influence how much your child’s case is worth include:
- The severity of the injuries
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Reduced future earning potential
- Comparative fault
Contact an experienced lawyer to discuss the details of your case in depth.
Who Is Responsible for My Child’s Injuries?
Child injury cases can be based on various legal theories, including:
- Negligence: Negligence is the failure to uphold a duty to act in a reasonable manner to prevent injuring someone else.
- Negligence per se: Negligence per se occurs when someone violates a law and injures someone the law was designed to protect.
- Medical malpractice: Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and injures a patient as a result.
- Strict liability: Strict liability occurs when a law imposes liability on a company or other party when their conduct falls outside a law or regulation.
- Intentional act: Some child injuries, such as those involving abuse or battery, are due to intentional acts.
Various parties could be responsible for child injuries under these legal theories, including:
- Motorists
- Trucking companies
- Truck drivers or bus drivers
- Healthcare providers, medical clinics, or hospitals
- Schools or daycares
- Product manufacturers, designers, or retailers
- Property owners
- Business owners
- Employers
- Dog owners or walkers
An experienced child injury attorney can review the circumstances to determine who is responsible for your child’s injury and then pursue compensation from them.
What Types of Damages Can My Child Receive After an Accident?
If someone else’s negligence injured your child, you can take legal action on their behalf to seek compensation for their economic and noneconomic damages. Economic damages provide compensation for direct financial losses they experience, such as:
- Past and current medical expenses for ambulance rides, emergency treatment, surgeries, hospital stays, diagnostic tests, specialist visits, and follow-up appointments
- Future anticipated medical expenses
- Special education needs and medical devices
- Rehabilitation and therapy programs
- Counseling costs
- Damaged personal property
Non-economic damages award compensation for your child’s intangible losses, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement or scarring
- Diminished quality of life
Because a young child has so much more life to live, it is important you work with a child injury lawyer who can hire experts to accurately estimate the long-term effects of your child’s injury on their life.
How Much Does it Cost to Hire a Child Accident Lawyer?
Our firm works on a contingency fee basis. This means that you don’t pay any upfront fees, and we don’t take any compensation unless we win your case. This arrangement means that we can offer you representation without the added cost barriers. If we win your case, we take our fee from the award.
What if My Child Is Being Blamed for the Accident?
Because children are young and lack the maturity and knowledge of adults, the law applies special rules to them to account for these characteristics. For example, Texas’ attractive nuisance doctrine allows children to potentially recover compensation when they trespass upon someone else’s land when they cannot appreciate the risk under circumstances that would bar an adult from recovering if they were injured on the property.
Even if your child is partially to blame for the accident, you may still be able to pursue compensation for your child’s injuries, thanks to the state’s modified comparative negligence rule. Under this rule, your child can still recover compensation if they were not more than 50% at fault for the accident. However, their compensation is reduced by their degree of fault, so it’s essential you work with an experienced child injury lawyer who can help mitigate the blame assigned to your child.
Types of Child Injury Cases We Handle
The Centers for Disease Control and Prevention (CDC) reports that thousands of children die or are injured in unintentional accidents each year. At The Law Office of Lino H. Ochoa, we frequently represent children and other personal injury victims who are injured in accidents such as:
Car Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that 1,184 children were killed and 162,298 children were injured in car accidents in 2021, a staggering 8% and 17% respective increase from the year before. If your child was injured in a car accident, you may be able to pursue compensation for their current and anticipated damages.
Bus Accidents
While school buses are often considered a safe form of transportation, the National Safety Council reports that 104 children were killed and 12,500 were injured in school bus accidents in 2022. Children can also be injured in city bus and long-transport bus accidents.
Bicycle Accidents
According to the NHTSA, 38 child bikers were killed, and 5,137 were injured in bicycle accidents in 2021. An experienced bike accident lawyer can investigate your child’s accident and identify the parties responsible for their injuries.
Truck Accidents
A child’s small body is no match for a metal machine weighing up to 80,000 pounds. Children injured in truck accidents may suffer serious injuries, including traumatic brain injuries, spinal cord injuries, and broken bones. The emotional trauma they suffer may continue for years to come.
Pedestrian Accidents
The NHTSA reports that 176 children were killed and 5,106 children were injured in pedestrian traffic crashes. Pedestrian accidents can leave your child with lasting physical and emotional scars and an uncertain future. Our legal team can help demand the compensation your family deserves after your child was injured due to the negligence of another person.
Medical Malpractice
Negligent healthcare providers can harm children during treatment, as well as during labor and delivery. Our experienced child injury lawyer can investigate your child’s injuries to determine if you have a viable medical malpractice claim.
Product Liability Accidents
According to the U.S. Consumer Product Safety Commission, children ages one to four have an injury rate of 11.6 per 100 people due to defective or dangerous products. When products are not safe to use as they were intended, you may be able to seek compensation from the manufacturer responsible for defects.
Dog Bites
Of the 4.5 million Americans bitten by dogs each year, more than half, or 2.25 million, are children. Dog bites can leave behind physical scars and emotional trauma. An experienced personal injury attorney can demand the justice your family deserves.
Premises Liability
If your child was injured at a park, playground, amusement park, or swimming pool, you may have a premises liability claim against the property owner or manager.
Wrongful Death
Our law firm also handles cases involving the premature death of your child. There is no greater loss in this world than losing your child. Our compassionate attorneys can guide you through filing a wrongful death claim to seek justice and give a voice to your tragedy.
How Long Do I Have To File a Child Injury Lawsuit in Texas?
Texas has a two-year statute of limitations for most personal injury lawsuits, giving you two years from the date of your child’s injury to file your case. Alternatively, your child can file a lawsuit within two years of their 18th birthday.
However, waiting to file their case is not typically in your child’s best interests. They may need medical treatment and resources now rather than having to wait until they become an adult. Witnesses may forget important details if you wait to file, and evidence can be lost. Safeguard your child’s rights by reaching out to an experienced personal injury lawyer today.
Contact a McAllen Child Injury Lawyer Today for a Free Initial Consultation
If someone else acted carelessly and harmed your child as a result, a McAllen child injury lawyer from The Law Office of Lino H. Ochoa can help you demand justice and accountability. Contact us at (956) 815-0055 for a free, no-obligation case review. We work on a contingency fee basis, so you will only be charged if we win your case. We serve Hidalgo County and its surrounding areas.
Our personal injury law firm in McAllen, TX also handles:
- McAllen Bad Faith Insurance Lawyers
- McAllen Bicycle Accident Lawyer
- Brain Injury Lawyers in McAllen, TX
- Bus Accident Lawyers in McAllen, TX
- McAllen Car Accident Attorneys
- Construction Accidents Attorneys in McAllen, TX
- McAllen Dog Bite Lawyers
- McAllen Medical Malpractice Lawyers
- McAllen Motorcycle Accident Lawyers
- Pedestrian Accident Lawyers in McAllen, TX
- Premises Liability Attorneys in McAllen, TX
- Product Liability Lawyers in McAllen, TX
- McAllen Slip and Fall Lawyers
- McAllen Truck Accident Attorneys
- Uber Accident Lawyers in McAllen, TX
- Wrongful Death Lawyer in McAllen, TX
Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
(956) 815-0055
Hours: Monday to Friday,
from 8 am – 5 pm
