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CHILD ACCIDENT SPECIALIST

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Child Car Accident Lawyer Brit Mitchell

Auto accidents are disastrous for everyone evolved, but especially for injured children, we can help.

If your child was hurt or injured in a car accident in Houston, Austin, Dallas, San Antonio or elsewhere in Texas, you should contact Brit Mitchell. Attorney Brit Mitchell is child injury lawyer with experience helping families get the compensation their child deserves after an automobile accident. Insurance companies have a legal duty to compensate child passengers or pedestrians for the damages caused by their insured.

Additionally, the expenses related to injured children can be substantial and often include;

  • Ambulance costs

  • Children’s Hospital charges

  • Physician bills

  • Parental lost wages

  • Rehabilitative services

  • The cost of future medical treatment

While anyone can suffer serious injuries in an car accident‚ kids are unfortunately susceptible to greater risk due to their small size and statute. Children injuries do not only seriously affect the child‚ but also you as the parent. By understanding your legal rights and options after your child is hurt in a crash‚ you can be better prepared to hold negligent motorist liable for causing that accident.

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What is a child car accident lawyer?

A child car accident lawyer child injury attorney handles cases involving children injured in traffic accidents. Child car accident lawyers file civil lawsuits against on behalf of children against the unsafe motorist or the entity that caused or contributed in causing the traffic accident. There attorneys work to assist families get compensation for the medical bills, pain, and suffering in connection with their child’s physical injury. Representing injured children requires the attorney to abide by strict time limits, which is especially true when the at-fault driver is working for the city, county, or school district. 

How much does a child car accident lawyer cost?

Child car accident lawyers work on a contingency basis, meaning that they only receive payment if they are able to win compensation for their client. This means that parents will not have to pay any upfront costs for legal representation. For families who have been devastated by a child's injuries, hiring a child injury lawyer can be one of the best decisions they can make. By ensuring that the responsible party is held accountable, lawyers can help to provide some measure of justice for families who have suffered a great deal of harm.

What To Do If Your Kid Is Injured in a Wreck in Texas

When children are injured in a car accident or school bus accident, it can be difficult for parents to process. Panic sets in and you can’t think clearly. However, you need to remain calm if you want to help your child. If you’re involved in a car accident with your child, there are a few things you need to do.

First, call 911 immediately to get medical attention on the scene if your child’s injuries look severe. If they are not injured, you still want to call the police to make a report of the accident before you go to the hospital to get your child checked out for good measure.

Do not let anyone involved leave the scene until the police get there. Failing to report the accident will make it difficult for you to file an insurance claim. Additionally, make sure to exchange contact and insurance information with the other driver. Go the extra mile and ask to take a picture of their driver’s license and insurance card to make sure the information is accurate.

Before you leave the scene of the car accident, gather evidence. Take as many pictures as possible from different angles of the cars, the injuries, and the location. If there are any witnesses, ask for their contact information and encourage them to stick around to speak to the police. Witnesses can help you win a contested liability claim!

Finally, you should know that this is a situation where you strongly consider hiring a child injury lawyer

What Types of Injuries Do Kids Experience in Car Accidents?

Whenever a child is involved in a car accident, they should receive medical attention right away. This way, their injuries can be diagnosed, kept under control, and properly treated. For the untrained eye, it’s very difficult to tell if a child is injured, even if they are crying or screaming.

Getting a medical professional involved immediately is key. Especially if the child involved is on the younger side because they can’t express themselves clearly. Additionally, internal injuries are dangerous and they must be diagnosed as soon as possible.

To give you an idea of the kind of injuries children can suffer during a car accident, here are some of the most common ones:

 

Head and Brain Injuries

 

Head and brain injuries are usually serious for anyone. However, they’re even more serious on children because their brains and skulls are still developing. Car accidents are the most common causes of whiplash, concussions, brain injuries, and skull base fractures in children.

If the head injury is severe, it can lead to many different complications that can affect your child’s quality of life temporarily or permanently and even cause death. Such as cognitive issues, emotional issues, learning disabilities, vegetative state, coma, and permanent brain damage.

 

Airbag Injuries

 

Children are meant to ride in the back seat until they’re old or big enough to sit in the front. That’s because children are too small to withstand the impact of the airbags. Airbags come out with a lot of force, so they can lead to serious injuries in children including; shoulder injuriesparalysis, traumatic brain injuries, crush injuries, broken bones

 

Car Seat Injuries

 

The same can be said about children’s car seats. They must be age and size appropriate, and also be installed securely. Following car seat guidelines is key to keeping children safe during car rides. If the car seat is not installed properly or it’s the wrong size for your child, it can lead to internal injuries, broken bones, and even lung damage.

 

Chest Injuries

 

Chest injuries in children involved in car accidents are also common, especially if the car seat or seatbelt weren’t properly secured. However, if the car accident is severe, children can still suffer injuries even if everything was in place. In such cases, chest injuries can include lung damage, broken ribs, and internal injuries.

 

Bruises and Lacerations

As you can imagine, bruises and lacerations are very common. These kinds of injuries are less severe and they will heal well as long as they’re monitored by a doctor. Deep cuts can leave a permanent scars and require the follow-up care of a plastic surgeon. 

 

Psychological Issues

 

When a child is involved in a car accident, it can lead to psychological issues due to the trauma and their inability to process what happened. Especially if it happened at a very young age. Post-traumatic stress disorder (PTSD is common in such cases, so they may need therapy to heal from the emotional and psychological issues.

If you were involved in a car accident and your child has suffered any of these injuries, hiring a child accident attorney is the right thing to do.

Fatal Injuries 

Every year, thousands of children are killed in car accidents in Texas. While this is a tragedy for any family, it can be especially difficult to cope with when the death is wrongful and was avoidable. In a wrongful death case, the child's death was caused by the negligence or recklessness of another person. If you have lost a child in a car accident, it is important to seek legal help and how how to sue for the wrongful death related to a traffic accident. An experienced wrongful death attorney will be able to guide you through this difficult time and help you get the compensation you deserve.

What Compensation Are Children Entitled To After An Traffic Collision in Texas?

In Texas, children hurt in auto accidents are able to secure economic and non-economic damages. 

 

Non-Economic Damages

Economic damages refer to the financial losses a child and their families incurs as a result of the accident, including; medical bills, surgery costs, ambulance rides, doctor’s visits, therapy, and lost wages lost while caring for your child. 

Non-Economic Damages

Non-economic damages refer to any pain and suffering caused by the car accident, permanent disability, disfigurement, and other non-monetary damages your child has suffered. Pain and suffering values are not easy to determine for a child, but they can be higher if the emotional impact on your child is severe.

When you hire a child car accident lawyer, the attorney will assess your case and your child’s injuries as well as their impact on their future and quality of life. Will it take long for them to physically recover? Will they be in pain or discomfort? Will they be able to recover physically and mentally?

My child was hit by a car while riding their bike 

If your child was hit by a car while riding their bicycle, you should consult with an attorney as soon as possible. Child pedestrian accidents can be difficult cases to win in due their complex legal and technical issues, such as determining fault, so it's important to know what to do after a car accident. For example, it is sometimes unclear whether the child was crossing at a designated crosswalk or riding in an uncongested area. What's more, even when liability is clear, injured pedestrians are sometimes not treated seriously by the responding police officer or the driver's insurance company. Children are often improperly blamed for their injuries by failing to keep a proper lookout for vehicle, which in many circumstances is not required. Due to these potential legal challenges, it is often difficult for parents or caregivers to successfully seek justice after a child pedestrian accident. By working with an experienced attorney and collecting evidence that supports your case, you can help ensure that both the individuals and institutions responsible for causing your child harm are held accountable for their negligent driving actions.

Children Car Accident Statistics 

Car accidents are one of the leading causes of injury and death among children, with serious consequences such as brain damage, paralysis, and even death. According to recent statistics, child car accident rates have increased in recent years, with more than 85,000 children under the age of 15 being injured or killed in traffic accidents every year. According to a new report issued by the National Highway Traffic Safety Administration (NHTSA), car and truck accidents killed 1,053 children under the age of 14 nationwide in 2019, 146 were here in Texas.

 

These tragic events often occur as a result of driver negligence in the form of low visibility and faulty brakes, and also reckless behaviors such as speeding or failure to wear seat belts. Unfortunately, there is no single solution that can prevent all child car accidents; however, by educating parents and drivers about common risks and practicing safe driving habits, we can help to reduce the number of these tragic incidents.

 

How To Protect Your Child In An Automobile Crash

To protect your child from serious or deadly injury in the event of a car accident mandatory safety guidelines must be followed. Though these measures have increased in recent decades, they remain a major cause of child injury or fatality in car accidents.

The most common and essential safety guidelines meant to keep children safe point to the use of:

  • Car seats

  • Booster seats

  • Seat belts

Understanding Texas Car Seat Laws is import. This means that children must be buckled in age and size-appropriate car seats, booster seats, and seat belts on every car ride to reduce the risk of serious or deadly injuries. In most states, failing to do this can be punished by law.

Even if you do this, your child can suffer injuries during a car accident. If you weren’t responsible, you need to call a child car accident lawyer and get the compensation you need for your child to get the treatment they deserve.

Who Pays Compensation When Kids Are Hurt In Automobile Wrecks?

If your child is involved in an auto accident in Texas, once you've taken care of their health, you'll need to start thinking about how to pay for child's injuries. In Texas, generally the damages are paid by the at-fault party, an applicable uninsured or underinsured motorist policy, or third party company. 

At-Fault Party

In Texas, the person who is responsible for the accident is required to pay for all damages, which includes your child's hospital bills, treatment needs, aid devices, and pain and suffering. These damage are generally paid through the person's liability policy and can be paid up to the sum of the policy limit. As a parent, if you have incurred any out-of-pocket expenses of lost wages, these economic damages are also recoverable. 

Uninsured Underinsured Motorist Policy

 

However, if the responsible party does not have insurance or is underinsured, they may not be able to cover all of the costs. In this situation, you may be able to file a claim with your own insurance company under your underinsured motorist coverage. This coverage can help to cover the cost of damages that exceed the responsible party's insurance limits. If you're not sure whether or not you have underinsured motorist coverage, you should check with your insurance agent. They can help you understand your policy and what options are available to you after an accident.

Third Party Company 

Traffic accidents can have a number of causes, from mechanical failures to hazardous road conditions. As a result, a variety of different parties can potentially be held liable for an accident. For example, if a mechanic shop failed to properly repair a vehicle, and that vehicle was involved in an accident, the mechanic shop could be held liable. Similarly, if a construction company left debris in the road, and that debris caused an accident, the construction company could be held liable. Companies such as car seats or car parts that are defectively designed could create product liability cases where a product manufacturer could be help liable under strict liability.  In some cases, even a local governmental agency can be held liable for an accident. For example, if a traffic light was malfunctioning and caused an accident, the governmental agency responsible for maintaining the traffic light could be held liable. In short, there are many different types of companies that can be held liable for a traffic accident.

Consult With A Skilled Texas Child Injury Attorney

Brit Mitchell and her team of skilled personal injury attorneys have helped countless child victims and families recover maximum compensation for their catastrophic injuries or the wrongful death of a loved one. We have 4 convenient locations throughout the state of Texas for your convenience and offer virtual consultations so you don’t have to drive far for quality representation. Let us prove that we are dedicated to securing justice for your family.

Our accident lawyer also handle each case on a contingency fee basis. We have no upfront costs for the handling of your claim and you only pay if we obtain a settlement or verdict in your favor.  

RECENT VICTORY

$378

THOUSAND

Child-Pedestrian Settlement

July 2020

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