Child Injury Cases

On Behalf of | Oct 5, 2017 | Car Wrecks

Learning that someone was injured in a preventable automobile accident is bad. Learning that a helpless child was injured in a preventable auto accident only exacerbates the feelings of agony and frustration. Take, for example, a car crash that occurred at the Primrose School of Frisco, which is in a suburb of Dallas. The driver of a vehicle reportedly hopped a curb and crashed into a fence at the daycare center which feel on the children.

Reports indicate that five children and one adult were harmed. In fact, one child is listed in critical condition. Two children were transported to a Dallas hospital by helicopter.

Recoverable Damages in a Child Injury Case

When adults are involved in a car accident, trucking accident, boat accident, etc. the main forms of recoverable monetary compensation in a personal injury claim includes medical bills, lost wages, and pain and suffering. However, when a minor child is injured, the recoverable damages change somewhat. For example, lost wages generally do not apply since minor children do not work and earn income. However, if your child suffers a catastrophic injury to the point that they are totally disabled, it may be possible to obtain compensation for wages your child would have earned, were it not for the severe injuries they suffered in the collision. Though, supplying sufficient evidence that your child was destined for a particular career path can be challenging, so this option depends on the specific facts of your case.

Generally speaking, when a child is injured, the parent or guardian of the child can pursue financial restitution for the child’s medical expenses (both incurred and future medical care) and pain and suffering damages that encompasses your mental anguish, stress, worry, concern, etc. concerning the injury to your child.

Prevailing in Your Personal Injury Case

When someone acts carelessly and another person is injured as a result, they can be held liable for negligence. In order to recover financial compensation through a personal injury claim, the plaintiff bears the burden of establishing negligence on the defendant. Generally speaking, there are four elements that must be met to establish negligence. In a personal injury case, these elements must be proven by a preponderance of the evidence.

  1. Duty of care – You need to show that the defendant had a duty of care that was owed to you given the specific circumstances of the case. For example, the driver of an automobile has a duty to operate their vehicle in a responsible manner and comply with all traffic regulations.
  2. Breach of the duty of care – You need to present evidence showing that the defendant breached this duty of care. For example, crashing into a fence at a daycare center, would likely be considered a breach of a motorist’s duty of care.
  3. Proximate causation – Basically, you need to present evidence showing that the defendant’s careless conduct proximately caused your harms.
  4. Economic and noneconomic damages – This element focuses on your harms and losses. It includes your medical expenses, wages, and pain and suffering.

Contact a New Braunfels Car Accident Injury Lawyer Today

If you or a family member was seriously hurt in an accident, the passionate New Braunfels personal injury attorneys at The Bettersworth Law Firm are ready and able to represent you in your time of need. Contact our office today to schedule a free, no-hassle case review.