Child Injury Attorney in San Antonio
Compassionate and experienced help when your child is injured in Texas
When it comes to recovering compensation after suffering an injury due to someone’s negligence, children have the same rights as adults. However, children are minors, and minors cannot enter into legal contracts or work with attorneys the same way as adults can, so they cannot take legal action against someone who caused them harm. Instead, a parent or guardian must work with an attorney on their child’s behalf, and because of that, these cases can be more complicated than a traditional personal injury case.
However, a San Antonio injury lawyer at the Law Offices of Pat Maloney can help. Our team has decades of experience handling child injuries and are here to help you too. We understand all the complexities surrounding these types of claims – and more importantly, we understand the effect a severe injury can have on a young child. When we determine compensation for your child’s case, we don’t just take into account their injuries today, but also how their injuries will affect them for the rest of their life, and ensure they secure the resources to help them live the fullest life possible.
Frequently Asked Questions
- What’s an example of a child injury claim?
- Why are pediatric brain injuries so serious?
- Can I file an injury claim on behalf of my child in Texas?
- Who is liable for my child’s injuries?
- What is the value of my San Antonio child injury claim?
- Do you have a child injury attorney near me?
What’s an example of a child injury claim?
Children can get hurt in any number of ways, and when that child is yours, you’ll do almost anything to make them feel better – whether that injury is a scraped knee or broken arm. When your child’s injury is due to the carelessness or negligence of another, however, you may need the help of a professional. Some of the most common serious accidents and injuries children experience include:
- Birth injuries. The negligence of an obstetrician or other medical provider during pregnancy, labor, or delivery can cause injuries that will affect a child for the rest of their life. These injuries can include cerebral palsy, Erb’s palsy, hypoxia, and other birth injuries. In cases like these, you may have a claim for medical malpractice.
- Burn injuries. Whether from a house fire, unattended cooking, or a defective product, burns can cause children severe and lasting injuries. Burns are nearly always preventable injuries caused by another’s negligence. A San Antonio attorney from our firm can help.
- Car accidents. According to the CDC, in 2020, “607 child passengers ages 12 and younger were killed in motor vehicle crashes in the United States, and more than 63,000 were injured.” Worse? Of the 607 children killed, 38% were not wearing a seatbelt.
- Dangerous property. Children are often unaware of dangers, putting them at greater risk of injury or death. Negligent supervision, daycare injuries, swimming pool accidents, dog bites, and accidents on other people’s property cause thousands of children injuries and trauma every year.
- Defective products. When companies fail in their duty of care to manufacture and sell products that are safe for use, children can get hurt. Defective cribs, sleepers, toys, and clothes can cause choking, strangulation, and other injury risks for babies and children.
Injuries at school
Security experts SafeHome.org analyzed 10 years of data from the Consumer Product Safety Commission (CPSC) involving injuries at school in order to find the leading causes, and what items are more likely to cause serious injuries. They found that injuries did drop during the pandemic and virtual learning. However:
…2020 was on course to be the worst year of the decade for in-school injuries to children. January and February 2020 saw 25 percent more hospital admissions due to school injuries than the same period in 2019.
If that pace had been maintained throughout 2020, the number of school injuries could have been as high as 22,000, making it the highest total of the decade. Although the pandemic has been anything but easy for school-aged children, our analysis shows that school closures may have spared 15,000 children from school-related injuries.
The study found that common causes of school injuries were slip and falls on stairs and floors, as well as injuries from playground equipment like monkey bars and slides. However, “Almost half of product-related injuries in schools are caused by sports and sporting equipment. Basketball games or gear are the leading causes of injuries reported in ERs.”
Injuries from sports
SafeHome points out, “More than 300 items are listed as causes of school injuries, but about 47 percent of emergency room visits related to a school or daycare injury are caused by sporting activities or equipment.” Although football used to be the single biggest cause of ER visits, football injuries at school have decreased over 50% between 2011 and 2019.
Researchers note, “This could be due in part to a growing awareness of traumatic brain injuries in football, as well as increased penalties for improper equipment usage.”
Why are pediatric brain injuries so serious?
Although there is an ever-increasing awareness of the severity of traumatic brain injury (TBI), when a child suffers a TBI, they may experience complications for the rest of their life. When an adult experiences a brain injury, it may heal over time. However, children’s brains are different – they are still developing and growing. A brain injury can have a significant effect on a child’s cognitive, emotional, and even physical development.
A serious TBI can cause developmental delays, disabilities, and other challenges that can affect a child for the rest of their life. They may require treatments and therapies that an adult with a similar injury would not. In fact, they may require an entire pediatric rehabilitation team, depending on the severity of their injury.
We work with a network of experts who can determine the extent of your child’s needs and work to ensure you secure the compensation to which you are entitled.
Can I file an injury claim on behalf of my child in Texas?
Yes, you can. Children under the age of 18 are not permitted to file a lawsuit on their own, parents or guardians must do it on their behalf. A civil personal injury claim can secure compensation for your child’s medical expenses, physical pain and suffering, mental anguish, and any other losses related to their injuries.
Here in Texas, there is a statute of limitations for filing a personal injury claim, which is two years from the date of the injury. However, for children, this statute of limitations is paused, or “tolled,” until the child turns 18, at which time the two years goes into effect.
After an accident and injury, however, it is important to act quickly. Memories and evidence fade, and your San Antonio attorney can begin putting together a strong case as soon as possible after the accident.
Who is liable for my child’s injuries?
The party (or parties) responsible for your child’s injuries and losses will depend on the specific circumstances of your case. Liability typically relies on negligence, a violation of safety regulations or product liability law, or intentional harm. Common liable parties in child injury claims include:
- Individuals, like caregivers, daycare workers, teachers, babysitters, doctors, or other people.
- Organizations, like schools, daycares, churches, amusement parks, hospitals, or companies and manufacturers.
A San Antonio lawyer launch an investigation into your case to determine all liable parties and build the strongest possible case for compensation.
What is the value of my San Antonio child injury claim?
Although there is no average settlement number for a child injury claim, we take a great number of factors into consideration when demanding compensation. These factors include the severity of your child’s injuries, the expected length of their recovery, their mental health and quality of life, and current and future financial damages.
We will work to secure compensation:
- Past and future medical expenses
- Disability costs
- Mental anguish
- Physical pain and suffering
- Special schooling or rehabilitation
In the case of catastrophic injuries, we will take into account the resources your child will need for the rest of their life.
Do you have a child injury attorney near me?
The Law Offices of Pat Maloney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.
Compassionate San Antonio child injury attorney working for your family
Was your child injured due to another’s negligence? Take action today. Contact the Law Offices of Pat Maloney to get the legal representation your family needs and deserves. We’ll fight tirelessly to ensure you and your child secure the compensation to which you’re entitled, so you can focus on your child’s recovery and getting their life back on track. Don’t wait. Call our San Antonio offices or fill out our contact form today for a free consultation and confidential case evaluation.