Varghese Summersett

It’s every parent’s worst nightmare: the screech of tires, the shattering of glass, the sudden chaos of a car accident. In those terrifying moments, your instinct is to protect your child and ensure their safety. But what happens when the unthinkable occurs, and your child is injured in a car accident?

The panic is unparalleled, the fear overwhelming. Concerns race through your mind: What do I do now? How severe are their injuries? Will they fully recover? Who is responsible for this tragedy?

In this article, the personal injury attorneys at Varghese Summersett explain what steps you should take if your child is hurt in a car accident in Texas due to someone else’s negligence. We will also discuss how child personal injury cases differ from adult cases, and how our law firm can help you and your family during this difficult time.

  Child Hurt in a Car Accident

Child Hurt in a Car Accident? Take These Steps.

  1. Ensure Safety: Your child’s safety is paramount. If your child is injured in a car accident in Texas, immediately move the vehicle to a safe location away from traffic if possible. Assess their condition and call 911 for emergency medical assistance.
  2. Document the Scene: If it’s safe, gather information about the accident scene. Take photos of the vehicles involved, any visible injuries to your child, and any relevant road conditions or signage. Collect contact information from witnesses and exchange insurance information with the other driver(s).
  3. Seek Medical Attention Immediately: Even if your child’s injuries seem minor, it’s crucial to seek medical attention promptly. Some injuries, such as concussions or internal injuries, may not be immediately apparent but can have serious consequences if left untreated. Keep detailed records of all medical evaluations, appointments, treatments, and expenses.
  4. Report the Accident: Under Texas law, specifically Transportation Code Section 550.026, you are required to report any car accident that results in injury, death, or property damage exceeding $1,000 to authorities. Be sure to file a report with the appropriate law enforcement agency as soon as possible.
  5. Contact an Experienced Personal Injury Attorney: Dealing with the aftermath of a car accident involving a child can be overwhelming. By consulting with a knowledgeable personal injury attorney, you can ensure that your child’s rights are protected and that the responsible party is held accountable.

At Varghese Summersett, our legal team has vast experience handling child personal injury cases in Texas. We understand the unique challenges and complexities involved in these cases and are dedicated to advocating for your child’s and your family’s best interests. Let us handle the legal complexities so you can focus on your child’s recovery.

If your child has been hurt in a car accident in Texas, don’t wait to seek help. Contact us today for a compassionate consultation and take the first step toward securing the justice and compensation your child deserves.

How Adult and Child Injury Cases Differ

How Child Personal Injury Cases Differ from Adult Cases in Texas

Child personal injury cases in Texas present unique challenges and considerations compared to adult cases. Understanding these differences is crucial for ensuring the best possible outcome for your child’s case. Here’s how child personal injury cases differ:

  • Legal Capacity: Children typically do not have the legal capacity to pursue a personal injury claim on their own. In Texas, minors under the age of 18 lack the legal capacity to file a lawsuit or settle a claim without a guardian or court-appointed representative. This means that a parent or legal guardian must act on behalf of the child throughout the legal process.
  • Statute of Limitations: The statute of limitations for filing a personal injury lawsuit in Texas is generally two years from the date of the injury. However, special rules apply to minors. In most cases, the statute of limitations does not begin to run until the child reaches the age of 18. This extended timeframe allows injured children more time to pursue compensation for their injuries.
  • Settlement Approval: Any settlement reached in a child personal injury case must be approved by a judge to ensure that it is fair and in the best interests of the child. This requirement helps protect the child from receiving inadequate compensation or being taken advantage of during the settlement process.
  • Evaluation of Damages: In child personal injury cases, damages may extend beyond medical expenses and lost wages to include compensation for future medical care, rehabilitation, and long-term effects of the injury. Since children are still growing and developing, injuries sustained in childhood may have lifelong implications that require ongoing medical treatment and support.
  • Emotional Considerations: Injuries to children can have profound emotional effects on both the child and their family. Courts may consider the emotional impact of the injury when awarding damages in a child personal injury case, including compensation for pain and suffering, mental anguish, and loss of enjoyment of life.

Navigating the complexities of child personal injury cases in Texas requires the expertise of a skilled legal team with experience in this area of law. At Varghese Summersett, we have a proven track record of successfully representing injured children and their families, and we are committed to pursuing the maximum compensation they deserve. If your child has been injured due to someone else’s negligence, don’t hesitate to contact us for a consultation. We’re here to help you through this challenging time and fight for justice on behalf of your child.

Types of Compensation Available

Types of Compensation for Your Child’s Car Accident Injuries

When your child is injured in a car accident, they may be entitled to various types of compensation to help cover their losses and expenses. In Texas, compensation for personal injury cases typically falls into three categories: economic, non-economic, and punitive damages.

  • Economic Damages: Economic damages are those that have a specific monetary value and can be easily quantified. These damages aim to compensate your child for the financial losses they have suffered due to the accident. Economic damages may include:
    • Medical Expenses: This includes past, current, and future medical bills related to your child’s injuries, such as hospitalization, surgery, medication, rehabilitation, and therapy.
    • Lost Earnings: If your child’s injuries prevent them from attending work or participating in activities that would have generated income, they may be entitled to compensation for lost wages or earning capacity. Likewise, parents can also claim compensation for their own damages related to the child’s injuries, such as lost wages from missing work and travel expenses.
    • Property Damage: If your child’s personal belongings, such as clothing, electronics, or school supplies, were damaged in the accident, they may be entitled to compensation for the cost of repairing or replacing these items.
  • Non-Economic Damages: Non-economic damages are more subjective and aim to compensate your child for the intangible losses they have experienced as a result of the accident. These damages may include:
    • Pain and Suffering: Compensation for the physical pain and discomfort your child has endured as a result of their injuries, as well as any emotional distress or mental anguish they have experienced.
    • Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities and hobbies that your child enjoyed prior to the accident, as well as any diminished quality of life they may experience in the future.
    • Loss of Consortium: In some cases, the parents of an injured child may be entitled to compensation for the loss of companionship, love, and support of their child.
  • Punitive Damages: Punitive damages are intended to punish the at-fault party for their reckless or intentional conduct and to deter similar behavior in the future. While punitive damages are less common in personal injury cases involving children, they may be awarded in cases of extreme negligence or misconduct.

At Varghese Summersett, our experienced personal injury attorneys are dedicated to helping you and your child recover the full and fair compensation you deserve. We will carefully assess the circumstances of your case, calculate the value of your child’s damages, and fight tirelessly to secure the maximum compensation available. Best of all, hiring us will not cost you anything upfront or out-of-pocket. We work on contingency, which means we only get paid after recovering compensation.

If your child has been injured in a car accident, don’t hesitate to contact us for a free consultation. We’re here to advocate for your child’s rights and help you navigate the legal process with compassion and skill.

Role of Insurance Company

Role of Insurance Company in Child Personal Injury Claims

When a child is hurt, you would expect the insurance company to want to do the right thing. The reality, however, is that insurance companies are often focused on minimizing their financial liability and protecting their bottom line. As a result, they may employ various tactics, such as offering low settlements or disputing the extent of the child’s injuries, in an attempt to pay out as little as possible. Here’s an overview of the role of the insurance company in a personal injury claim for a child.

  1. Providing Coverage and Compensation: The insurance company of the at-fault party in the accident is responsible for providing coverage and compensation for the child’s injuries and damages, up to the policy limits. This includes covering medical expenses, future care costs, pain and suffering, and other applicable damages.
  2. Investigating the Claim: The insurance company will investigate the details of the accident and the child’s injuries to determine liability and the extent of damages. They may request medical records, police reports, witness statements, and other evidence to evaluate the claim’s validity.
  3. Negotiating Settlements: If liability is established, the insurance company will typically attempt to negotiate a settlement with the child’s parent/guardian and their attorney. This usually involves offering a lump sum payment in exchange for releasing the insured party from further liability.
  4. Approving Settlements: In many Texas jurisdictions, a judge must review and approve any settlement for a child injury claim to ensure it is fair and in the child’s best interests. The insurance company’s settlement offer is subject to this court approval process.
  5. Providing Structured Settlements: If a settlement is reached, the insurance company may be required to structure the payout through an annuity or other means to safeguard the funds until the child reaches adulthood. This ensures the compensation is available when needed for future medical expenses or lost earning potential.

Again, it’s important to understand that insurance companies aim to minimize payouts, so having an experienced attorney negotiate on the child’s behalf is crucial to obtain full and fair compensation. The attorney acts as an advocate against the insurance company’s adjusters and legal team throughout the claims process.

Child Hurt in a Car Accident in Texas? Here's What You Need to Do

How Our Legal Team Can Help.

At Varghese Summersett, we understand the overwhelming distress and uncertainty that follows when your child is injured in a car accident. Our experienced team of personal injury attorneys is here to provide the support and legal representation you need during this challenging time.

  1. Legal Guidance: We will guide you through the legal process with compassion and clarity, explaining your rights and options every step of the way. From gathering evidence to negotiating with insurance companies, we will handle all aspects of your child’s case so you can focus on their recovery.
  2. Thorough Investigation: Our team will conduct a thorough investigation into the circumstances surrounding the accident to determine liability and hold the responsible parties accountable. We will gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to build a strong case.
  3. Maximizing Compensation: We will fight tirelessly to secure the maximum compensation available for your child’s injuries. This may include compensation for medical expenses, pain and suffering, emotional trauma, future medical needs, and more. We will carefully calculate the full extent of your child’s damages to ensure they receive the financial support they need to heal and move forward.
  4. Advocacy in Court: If necessary, we are prepared to take your child’s case to court to pursue justice and fair compensation. Our skilled litigators have extensive experience representing clients in personal injury trials and will advocate vigorously on behalf of your child’s best interests.
  5. Compassionate Support: Throughout the entire process, our team will provide compassionate support and personalized attention to you and your family. We understand the emotional toll that a child’s injury can take, and we are here to offer guidance, reassurance, and empathy every step of the way.

If your child has been injured in a car accident, don’t hesitate to contact us for help. Our dedicated team is committed to fighting for the rights of injured children and their families and helping them secure the compensation and justice they deserve. Contact us today for a consultation to discuss your child’s case and learn how we can assist you.

Child Hurt in a Car Accident? Contact Us.

At Varghese Summersett, we understand the heart-wrenching ordeal that parents endure when their child suffers harm due to someone else’s negligence on the road. Our legal team is here to guide you through this tumultuous time, providing the legal support and expertise you need to pursue justice for your child. We’ll fiercely advocate for your family’s rights, holding accountable those responsible for the accident and seeking the compensation necessary to cover your child’s medical expenses, ongoing care, and emotional trauma.

While we can’t erase the pain and fear you’ve experienced, we can offer you a lifeline amidst the chaos. Let us shoulder the legal burden so you can focus on what matters most: your child’s recovery. Contact us today at 817-203-2220 for a free consultation and take the first step toward healing and justice.

Child Hurt in a Car Accident in Texas? Here's What You Need to Do

Varghese Summersett is a premier criminal defense firm based in Fort Worth, Texas. Our attorneys focus exclusively on criminal law and represent clients charged with crimes at both the state and federal level. We handle everything from DWI to capital murder to white collar crime. Collectively, our attorneys bring together more than 100 years of criminal law experience and have tried more than 550 cases before Texas juries. All of our senior attorneys served as former state or federal prosecutors and four are Board Certified in Criminal law, the highest designation an attorney can reach. We are the firm people turn to when the stakes are high and they are facing the biggest problem in their lives. - Contact Varghese at  
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