Many parents and guardians worry about having their children suffer debilitating injuries in an accident. However, if another person's intentional or negligent action caused the accident, this ordeal can prove especially traumatizing for not only the child but for the whole family as well.
Sadly, ensuring that your child gets justice and compensation after this devastating accident can prove difficult. These cases involve numerous legal hurdles that you will have to jump through before your child can get a full financial recovery. Fortunately, you will not have to tackle this difficult legal battle by yourself. At the law firm of Dolman Law Group Accident Injury Lawyers, we stand ready to fight on your child's behalf and go after maximum compensation for your child's injuries.
Dolman Law Group Accident Injury Lawyers, PA—About Us
At Dolman Law Group Accident Injury Lawyers, PA, we help victims who have sustained serious injuries in an accident go after the compensation they need to make a full recovery.
To ensure that these victims get the respect their case deserves, our skilled legal team makes it a point to meet with our clients one-on-one to discuss their accident in detail and explain how we can help. Best of all, our clients work directly with our attorneys so that we can adequately handle their claims from start to finish, ensuring that we identify all potential sources of compensation and aggressively pursue maximum recovery.
As a result of this dedication and drive, we have obtained millions of dollars in jury verdicts and settlement awards on our client's behalf. Even though we cannot guarantee these same results for all the cases we take on, you can rest assured that when you work with the legal team at Dolman Law Group Accident Injury Lawyers, PA, our attorneys will fight hard to go after every last dollar that you require.
Child Injuries by the Numbers
Injuries result in a significant source of emergency room and hospital admissions for children, not only in the United States but in Texas as well. Take, for example, the following statistics:
Motor Vehicle Accidents
According to the Centers for Disease Control and Prevention (CDC), injury constitutes the leading cause of death in children and young adults in the United States. In fact, almost 12,000 children and young adults pass away from unintentional injuries every year, with car accident-related deaths ranking as the number one cause.
In Texas each year, over 100 youths aged 15 to 17 years old die in an automobile crash, with studies indicating that reckless driving and excessive speed stand as the top two factors contributing to these crashes in this age group.
In the United States, drowning ranks as the leading cause of injury death in children aged one to four years old and the second leading cause of unintentional injury death among children aged five to nine years old.
In Texas, drowning also remains a significant cause of death for children. According to Texas Child Fatality Data, in one year, 67 children aged one to four years old died due to drowning in the state.
Around 2,000 children die as a result of a home injury in the United States every year. Generally, these injuries affect children aged 14 and under. Some of the primary causes of these injuries include fire, burns, choking, falls, firearms, poisoning, and suffocation.
According to the National Center for Biotechnology Information, around 2,207 children die every year in Texas because of these unintentional home injuries.
Common Causes of San Antonio Pediatric Injuries
Unfortunately, a variety of accidents can cause children to suffer debilitating injuries.
However, in San Antonio, some of the more common types of accidents that lead to these pediatric injuries include:
- Car accidents, especially at dangerous San Antonio intersections, such as I-10 and Loop 1604 and Northwest Loop 410 and I-10
- Drownings in bathtubs, swimming pools, and lakes, such as Lake Calaveras
- Animal attacks, especially dog attacks
- Falls, such as on playground equipment
- Poisoning from toxic chemicals, such as household cleaners
- Concussions resulting from recreation or organized sports
- School accidents
- Daycare accidents
- Medical negligence resulting from failing to diagnose, improperly treating a child's condition, or from surgery
- Violent acts
- Recreational accidents involving activities like bike riding or boating
- Dangerous and defective product accidents
Common Pediatric Injuries Resulting from San Antonio Accidents
Injuries in children commonly occur. In truth, it is normal to find a child with a small cut, scrape, or even a bruise at one point or another. However, depending on the accident, these injuries may prove severe and can lead to severe harm that can forever impact a child's life.
Some of the more common types of pediatric injuries that can result include:
- Broken bones
- Facial trauma
- Soft tissue injuries
- Spinal cord damage
- Traumatic brain injuries
- Head and neck injuries
- Back injuries
- Deep lacerations
- Psychological damages often caused by mistreatment, abuse, and trauma
- Internal damage
- Medical malpractice injuries, such as congenital disabilities
Determining Fault for a San Antonio Child Injury Accident
Adults need to act with reasonable care when it comes to children. Unfortunately, this does not always happen, and when adults do not act with this standard of care or fail to take reasonable safety precautions, they can face liability for any injuries that occur to the children.
Some of the more common parties that may bear liability for a child accident include:
- Dog owners
- Property owners
- Toy designers or manufacturers
- Other parents or guardians
- Health care professionals
- Automobile drivers
- School officials
- Playground designers or manufacturers
It often proves difficult to determine fault for an accident after your child has sustained injuries. Following your child's accident, you should speak to an experienced child injury lawyer, such as those at Dolman Law Group Accident Injury Lawyers, PA. These attorneys have the resources and the skills to determine how your child's accident occurred and figure out who bears liability for your child's injuries and losses.
The Statute of Limitations for a Child Injury Claim in San Antonio
The statute of limitations sets the maximum amount of time an individual has to bring a legal claim following an alleged offense. If injured individuals do not bring their claims within that allotted time, they may lose the right to collect compensation for their injuries.
In Texas, the statute of limitations for an injury claim provides victims with two years following the date of the accident. However, numerous exceptions to this rule exist that can affect this deadline, especially when it comes to children.
For instance, if a child sustains an injury in an accident, the two-year statute of limitations does not start running until the child reaches the age of 18 or otherwise qualifies as an adult under the law. However, once the child turns 18, this two-year period will begin from that date to bring a lawsuit. We should note that this deadline can change depending on the type of case. Medical malpractice claims, for example, have a shorter statute of limitations due to tort reform restrictions, and this tolling does not apply if the child's injury results in their death.
As a result of these legal complexities, you should reach out to a skilled San Antonio child injury lawyer as soon as possible following your child's accident. At Dolman Law Group Gibe Accident Injury Lawyers, PA, our attorneys can determine exactly how much time your child has to file an injury claim and ensure the timely filing of all the necessary legal motions and documents. For your free case evaluation, CONTACT us online or by calling 833-552-7274.
San Antonio Child Injury FAQs
If your child sustained an injury in a San Antonio accident, you likely have questions regarding you and your child's legal remedies, especially if your child suffered devastating harm because of another person's wrongful actions. For this reason, we have prepared responses to some of the most frequently asked questions our clients often have regarding child injury accidents. We hope that with this information, you have a better understanding of how to pursue compensation for the cost of your child's injuries and know who to contact for help.
1. What Damages Can My Child Recover in a San Antonio Child Injury Lawsuit?
If your child suffered harm in a San Antonio accident, you and your family may qualify to pursue certain damages. Typically, these damages refer to the amount of money a victim can get from a claim following an injury. In San Antonio, these damages often include:
Economic Damages: These damages refer to the actual and measurable losses that result from an accident.
Economic damages include:
- Medical expenses including past, current, and future medical costs, such as surgeries, medical devices, hospital stay, doctor visits, and emergency room visits
- Loss of future income (when the child become an adult)
- In-home medical care
- Rehabilitative therapy
- Other out-of-pocket expenses
Non-Economic Damages: These damages refer to the subjective losses that occur following an accident and are more difficult to assign a monetary value.
Non-economic damages include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
Punitive Damages: Unlike economic and non-economic damages, which compensate victims for losses and damages that they sustain in an accident, courts award punitive damages to punish wrongdoers for their egregious actions and deter others from committing similar acts. However, before injured individuals can recover these damages, their lawyers must show through clear and convincing evidence that the defendant's conduct involved severe misconduct, such as gross negligence, malice, or fraud.
2. If the Insurance Company Contacts Me Following My Child's San Antonio Accident, What Should I Do?
You need to remember that the insurance company does not have your best interests in mind. These companies do not exist to ensure that you get the help you need or to work with you toward your child's recovery. In truth, these companies operate just like any business; they want to make money. By paying you less or denying your claim, insurance companies increase their profits. Insurance adjusters will try any tactic they can to get you to admit to something that can impact your child's injury claim and reduce the amount of money for which your case ultimately settles.
For these reasons, when an insurance company contacts you, you need to watch what you say. Better yet, you should refer all insurance representatives to your lawyer and refrain from making any statements about your child's injuries or accident. Once an experienced San Antonio child injury lawyer, such as those at Dolman Law Group Accident Injury Lawyers, PA, takes over these conversations, your attorney will help ensure that you do not say anything that may harm your child's injury claim while also fighting for maximum compensation on your behalf.
3. If My Child Suffered Harm in a San Antonio Daycare, Can I Hold the Establishment Liable for My Child's Injuries?
A daycare can bear liability for a child's injury if the harm occurred while the facility had control of the child and if the injury resulted from the daycare's employee failing to act as an ordinarily prudent person would have acted in the same situation or under similar circumstances.
However, you need to determine the answers to certain questions before you can hold a daycare liable for your child's injuries, such as:
- Did something specific about the daycare facility render it unsafe?
- Did negligent actions on the part of the facility contribute to your child's injury?
- Did a teacher or other child cause your child's injury? Did the at-fault party have a history of violent behavior?
As you can see, it can prove difficult to determine whether a San Antonio daycare can bear liability for your child's harm and losses. For these reasons, you should consider working with a knowledgeable and skilled child injury attorney who can assess fault for your child's injuries and figure out if your child has a viable claim against the daycare for damages.
4. What If My Child Sustained Injuries Due to a Defective Toy?
If a design or manufacturing defect injured your child, you can pursue a product liability lawsuit on your child's behalf.
Typically, three types of claims exist when it comes to toy-related product liability claims in Texas, including:
- A Manufacturing Defect. An unintended defect in a product constitutes a manufacturing defect. These flaws often result during the assembly of the toy, meaning that the toy had a proper design but left the manufacturer in an unintended condition that resulted in an unsafe toy.
- A Design Defect. A design defect involves a correctly manufactured toy, but something in the product's design makes it hazardous to consumers. Since these design defects involve a flaw in the product's design, the defects will usually affect the entire product line instead of just one specific item or toy.
- A Failure to Warn. A toy or product under Texas law can also qualify as defective if the manufacturer does not provide proper instructions or warnings about its use. For example, if a product has either an unforeseeable or unexpected danger to it when used, the manufacturer has to provide a warning statement or label. In addition, if the product requires users to follow specific instructions to avoid sustaining any injuries, the manufacturer also needs to provide the appropriate instructions. If the manufacturer does not offer these instructions or warnings, it may bear liability for any resulting injuries.
If a defective toy harmed your child, you should reach out to an experienced San Antonio child injury lawyer, like those at Dolman Law Group Accident Injury Lawyers, PA, as quickly as possible. These lawyers can get right to work, investigating your child's accident, determining if you have a valid injury claim, and figuring out what parties you can hold liable for the harm your child sustained because of these defects.
5. If My Child Sustained Injuries While Trespassing on Another Person's Property in San Antonio, Can I Still Pursue Legal Action?
In Texas, property owners need to provide reasonable care to all guests that visit the property. In short, property owners must ensure that their properties remain safe for visitors. However, when it comes to children, property owners must take additional steps to ensure the safety of child visitors, regardless of whether they received an invitation to visit the property.
The attractive nuisance doctrine assumes that children cannot distinguish between safe and unsafe properties. As a result, this legal doctrine holds property owners accountable for failing to prevent a child from using or reaching for something hazardous that may appear enticing to a child, such as a swimming pool.
Generally, age constitutes one of the most important factors when it comes to an attractive nuisance claim. Child trespassers must be of a certain age to properly understand the consequences of their actions. For instance, a three-year-old may not understand the risks associated with jumping into a pool unsupervised. Property owners must ensure that their pools remain inaccessible to young children.
Other examples of attractive nuisances in San Antonio include tree houses, swing sets, exotic pets, high-voltage towers, railroads, abandoned cars, artificial lakes, farm equipment, and homemade ramps.
Consequently, if your child suffered an injury because of a condition on another person's land, even if your child was trespassing at the time, you and your family still may qualify to recover compensation for the injuries sustained. However, due to the complexities of these types of cases, you should reach out to a skilled San Antonio child injury lawyer as soon as possible. These attorneys can go over your child's claim, figure out what caused your child's accident, and determine if your child has a right to pursue legal action.
6. Can I Bring a Wrongful Death Claim If My Child Passed Away As a Result of Injuries Sustained in a San Antonio Accident?
Historically in Texas, families could not sue for the damages they suffered because of their loved one's death. However, the Wrongful Death Act changed all of that and created a new cause of action that lets these family members bring a suit if they have actual damages from the death of their child, parent, or spouse.
Typically, in a wrongful death claim, family members of the deceased can recover compensation after someone causes the death of their child, parent, or spouse. For instance, surviving parents can recoup losses for lost love, comfort, and companionship and for their mental distress that resulted from their child's death. In addition, families can also recover for medical treatment costs that their children incurred before their death and their burial and funeral costs.
In Texas, families have two years from the date of their child's death to file a compensation claim. Don't wait too long to proceed with a wrongful death claim or you may miss out on compensation entirely. Instead, you need to reach out to an experienced San Antonio child injury lawyer, such as those at Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. These attorneys can review your case, determine if you have a viable wrongful death claim, and help hold the negligent parties responsible for what happened to your child.
7. Why Should I Contact Dolman Law Group Accident Injury Lawyers, PA, to Discuss My Child's Injury Claim?
Legal issues that involve an injured child can prove complicated and overwhelm any parent or guardian. Fortunately, parents do not have to tackle these legal battles alone. If your child has suffered harm in a San Antonio accident, you should reach out to an experienced San Antonio child injury accident lawyer, like those at Dolman Law Group Accident Injury Lawyers, PA. These attorneys can provide you the legal assistance you require and help you pursue justice and compensation.
Once retained, these skilled lawyers can:
- Go over your child's accident, determine whether you have a viable legal claim, and evaluate your legal options.
- Investigate your child's accident, and gather the evidence needed to prove fault and damages.
- Obtain experts, such as doctors, accident reconstructionists, and economists, to substantiate your child's claim.
- Ensure the timely filing of all legal pleadings.
- Handle all the negotiations and discussions with the other side and the insurance company and fight for a top-dollar settlement on your child's behalf.
- Proceed to trial, if required, and pursue maximum compensation on behalf of your child.
If your child suffered an injury in a San Antonio accident, do not wait any longer to seek the legal help you need. At Dolman Law Group Accident Injury Lawyers, PA, our attorneys can help you and your family get through this challenging ordeal and work hard to recover compensation for the full cost of your child's injuries. You want an attorney who has experience handling San Antonio child injury cases and knows how to win at trial in case the at-fault parties in your case prove unwilling to offer a reasonable settlement.
If you would like further information regarding any of the above questions or discuss your case one-on-one with our legal team, contact Dolman Law Group Accident Injury Lawyers, PA, today for a free case review, and let our experienced child injury lawyers show you how we can fight for your child's rights and go after compensation on your family's behalf. During our free case evaluations, you can discuss the details of your child's accident, ask questions about your family's legal options, and determine your eligibility to pursue compensation on your child's behalf.
What Actions Should I Take After a San Antonio Child Accident?
Nothing proves as stressful as watching your child get injured in an accident. Although these accidents can feel overwhelming, you shouldn't let that stop you from taking action. The steps you take after these terrifying situations can not only keep your child safe but can also protect your child's legal rights. These steps include the following:
Contact the Authorities as Soon as Possible. Following an accident, once you check on your child, you need to contact 911 immediately. Calling 911 constitutes the quickest way to notify the authorities you need help and get your accident on record. However, while you wait for emergency medical services and the police to arrive, do not move your child unless absolutely necessary. Many times, improperly moving your child following a collision can worsen the child's injuries, especially if in a car seat.
Once the police arrive at the scene, they can begin their investigation and start jotting down details about what happened in their police report. If you decide to pursue an injury claim on behalf of your child, this report can provide you with valuable evidence regarding the incident.
Take Photos and Pictures. If you can, try to take as many pictures and videos of your child's accident. This should include documentation of your child's injuries, the location of the accident, any motor vehicles involved in the accident, dangerous conditions that caused their injury, and any other details that can help show what happened.
Get Your Child to a Doctor. Even if it does not appear that your child requires emergency medical treatment, you should still see a doctor for a thorough evaluation. Many serious injuries, such as significant head and brain trauma, can take days, if not weeks, to manifest. The longer you wait to get treatment, the more fatal these injuries can become. For these reasons, you should prioritize getting your child to a medical professional as soon as possible for an examination to rule out these deadly but hidden injuries.
In addition, getting this prompt medical treatment can prove helpful for your child's injury case. Insurance companies want any reason to deny these claims, and when your child does not get prompt medical attention, the insurance company may try to argue that your child's injuries stem from a preexisting condition or subsequent event. Fortunately, getting your child examined by a physician after the incident can provide evidence of a direct link between your child's accident and the injuries they sustained.
Keep Bills and Records. To help your lawyer pursue maximum damages on your child's behalf, make sure you keep track of all your child's bills and medical records related to the accident and injuries. These documents can help your child's attorney fight for maximum compensation on your child's behalf, including the money you may require for ongoing medical care.
Get Witness Statements. If bystanders at the scene saw your child's accident unfold, try to get the witnesses' names and contact details. Their statements can provide you with valuable information regarding the incident and help back up your child's claim. If these individuals feel hesitant to offer you their details, do not try to force them. Once you retain an experienced San Antonio child injury attorney, these lawyers can work on getting this information and testimony for you.
Be Careful What You Say. As you talk to others at the accident scene, be careful what you say. Do not make any definitive statements about your child's accident, take the blame for anything that happened, or apologize on your child's behalf for anything that occurred. These types of comments can come back later and hurt your child's claim, regardless of how harmless they may seem at the time. Ultimately, your comments may reduce the total amount of compensation that your child recovers for his or her injuries.
Contact Our Experienced San Antonio Child Injury Lawyers Immediately. Given the high stakes of your child's injury claim, you should not wait to get legal help. Instead, reach out to an experienced San Antonio child injury lawyer promptly. Our attorneys can help you determine not only if your child has a valid injury claim but also the legal options that your family can pursue.
Reach out to Dolman Law Group Accident Injury Lawyers, PA, today at (210) 361-2039 for a free case evaluation, during which you can discuss the details of your child's accident and determine your eligibility to pursue compensation for the full cost of your child's injuries.