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Houston Child Injury Lawyer Niles Sneed

Houston's #1 Child Injury Lawyers for 2020 and 2019. Sneed|Mitchell LLP Is Recognized Statewide And Ready To Assist Your Family Today.

Children are precious gifts, and few events in life are more traumatic and difficult on a family than experiencing a child injury. Unfortunately, young children are injured or lose their lives at alarming rates here in Houston due to the unsafe and negligent actions of other individuals or corporations. Child injury accidents often cause serious injuries such as concussions, broken bones, or paralysis, and result in extensive medical treatment costs that sometimes span from childhood into and through their adult life.

If you child has recently been injured or assaulted in a personal injury accident in Houston, Texas, we can help. Niles Sneed is a Houston Child Injury Lawyer known for his high rate of success in complex child safety and accident cases across Texas. Ask to speak with Niles directly by calling (866)434-0014, or fill out our contact form and one of our personal injury lawyer will call you now. And remember, there is never a charge for our consultations. 

Houston Child Injury Lawyer for car accidents, downings, bus crashes, attorneys

We Help After Your Child Is Injured From By Another's Negligence

Children don’t have the maturity and experience to fully understand the consequences of their actions, which requires adults to take on added responsibilities when children are around. Unfortunately, this doesn't always occur. When parents, caregivers, or other adults are negligent, children can get seriously injured. Child injury lawyer Niles Sneed. Such accidents can be physically, emotionally, and financially catastrophic. An adult responsible for a child’s injury must be held legally accountable for their negligence. 

 

In a better world, at-fault parties and their insurance companies would take responsibility for a child’s catastrophic injury. But all too often, that isn’t how our world works. In order to hold the responsible parties accountable and recover the financial compensation your child deserves, you’ll need an experienced, dedicated child injury attorney to back up your case using facts, evidence, and compelling legal arguments. At Sneed|Mitchell LLP, our Houston personal injury attorneys know how to care for and protect injury victims and their families. Child injury claims are not only heartbreaking, but difficult to litigate. We know what it takes. We will research your case, secure evidence, and stand up to at-fault parties and shady insurers. We will stand beside you every step of the way and fight for the legal recognition and financial compensation you deserve. 

 

Our Houston Child Injury Lawyers know that child injuries are heartbreaking and want to help your family through this trying time. We will shoulder the burden of handling your child’s legal injury claim so that you and your family can focus on what matters: your child. We’ll investigate your claim, gather expert testimony, generate persuasive legal arguments, and fight for the highest settlement possible. If negotiation fails, however, fighting for you and your family in court is always an option. Our skilled trial lawyers are prepared to argue your child injury case before a compassionate Houston jury.

Call or reach us online now to learn more about we are designed for your child's success. We will review your case in a free consultation.

Common Injuries Our Child-Clients Suffer Here In Harris County

Injuries to children can occur in many ways. Some of the most common accidents resulting in child injury include:

A family’s anguish is immense when a child’s injuries are serious. If those injuries are the result of another’s reckless, irresponsible, or negligent behavior, a child injury lawyer can help hold the responsible parties accountable and recover financial compensation to support the child’s recovery. 

 

Head injury lawyer after car accidents

Head & Neck

brain injury lawyer after car accidents

Brain Trauma

Concussions, Traumatic Brain Injuries, Blunt Force traumaBrain Stem Injury

Back injury lawyer after car accidents

Back & Spine 

Shoulder injury lawyer after car accidents

Shoulder Pain

Leg Injuries

Leg injury lawyer after car accidents
wrongful death injury lawyer after car accidents

Loss of Life

Current Child Injury and Accident Lawsuits Handled Niles Sneed

Sneed|Mitchell LLP handles child safety and accident cases across Texas and is regularly referred children injury cases from other law firms. The following are a few of the child accident clients our firm is currently handling as of January 1, 2021 (with our clients names removed for privacy): 

  • John Doe vs. Trevino - December 23, 2020Our 6 year-old client was injured in a trucking accident while riding passenger in her parent's small sedan, the child suffered injuries to her elbow and ribs.  

  • John Doe vs. Trevino — Our child-client, only four years old, suffered a moderate concussion and internal bleeding in a motor vehicle accident when her aunt's vehicle was struck by a distracted driver December 1, 2020. 

  • John Doe vs. Altitude — The bounce facility failed to prevent our client, 3 years old, from entering a portion of the gymnasium meant only for teenagers, the child later fell fifteen feet and suffered ruptured tendons in her ankle September 17, 2020. 

  • John Doe vs Require — Our four year old client was struck by a car speeding through his neighborhood on September 10, 2020. The child was wearing a helmet at the time, but suffered multiple facial lacerations and nerve injuries to his eye.

If you live in the Houston area, contact the experienced child accident lawyers at The Sneed|Mitchell Law Firm at (866) 434-0014 for a free case review to discuss the circumstances surrounding your child’s injury.

The Types of Damages Your Child Can Receive After A Personal Injury Accident

After a child is injured, a successful personal injury lawsuit would allow the injured child to collect financial compensation for all losses stemming from the at-fault party's negligence, or other wrongdoing. These losses are called "special damages" and "general damages", described in more detail here: 

Special Damages

 

  • Medical bills, including the cost of future health care incurred by the injury

  • Property damage

  • Pain and suffering

  • Ongoing costs permanent disability (e.g. prosthetics, equipment, building modifications, future restrictions on living conditions) 

  • Potential future lost wage or reduced earning capacity

 

General Damages

 

  • Pain and suffering

  • Lost or reduced enjoyment of life

  • Mental anguish and emotional distress

  • Permanent disability or disfigurement

  • Loss of services and/or companionship to the family

Injured to children often cause long-lasting injuries with high medical treatment costs. It is our job to fight to have every form of damage provided. After our child injury lawyers determine how your child’s injuries took place, there may be multiple legal avenues to pursue complete compensation. As an examples, if our Child Injury Lawyers discover that your son or daughters suffered injuries from a defective toy, we would bring a lawsuit against the seller (store), marketer, and manufacturer. 

Child Injury Statistics 

Every day in Houston, Texas, young children are injured or killed because of the actions of other people or corporations. As skilled Houston personal injury lawyers we have handled many cases that involve injuries to children and often share the following key statistics to Judges, jurors, and mediators when fighting on behalf of children:

  • Injury is the leading cause of death in children and young adults. According to the CDC most recent statistical review in 2019, approximately 12,000 children and young adults aged 1 to 19 years, die from unintentional injuries each year.

 

  • Falls are the leading cause of nonfatal injury for children. Children ages 19 and under account for about 8,000 fall-related visits to hospital emergency rooms every day.

  • Each year about 100 children are killed and 254,000 are injured as a result of bicycle-related accidents. 

 

  • Drowning is the leading cause of unintentional injury-related death among children ages 1 to 4. Each year, Texas loses about 80 children to fatal drownings. The majority of drownings and near-drownings occur in residential swimming pools and in public water sites. 

 

  • Unintentional suffocation is the leading cause of unintentional injury-related death among infants under age 1.

 

  • Each year, nearly 2,000 children under the age of fourteen lose their lives as a result of accidents that occur within the home. These at home deaths often include fires, swimming pool drownings, firearms, falls, ingestion of toxic substances, choking, and poisoning.

  • According to a March 2020 report from the child advocacy organization Kids in Danger, product recalls related to child toys and products increase dramatically from the prior years. In 2019, there were 776 reported accidents caused 58 products being recalled,  which is an an average of 13.4 accident cases per recalled product. 

There are legal restrictions on the time allowed to file a child safety of accident claim with Sneed|MItchell LLP's Child Injury Attorneys, so it is important that you meet with a personal injury attorney as soon as possible to evaluate your case.

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Things To Consider When Filing A Personal Injury Lawsuit in Texas

Children cannot pursue financial compensation for their injuries alone. Minors--children under the age of 18--cannot file a lawsuit for a personal injury. The legal guardians of the child must sue on their behalf. But the suffering of children is distinct from that of adults. Often, fully appreciating the consequences of their injuries takes an experienced personal injury lawyer’s ability to account for the long-term impacts of an accident.  

 

Consequently, it is essential that an injured child’s guardians hire a personal injury attorney who has an extensive experience with child injuries. A lawyer that appreciates the special considerations at play when pursuing damages on the behalf of a minor is essential. A party cannot sue and settle twice for the same injury. If a lawyer fails to pursue appropriate damages there won’t be a second chance to secure just compensation, even if the first suit is filed by a guardian.

My Child Was Injured In A Car Crash

If your child was injured in a car accident as a passenger, pedestrians, or bicyclists, they are entitled to compensation for the medical bills, rehabilitation costs, ongoing care, and the economic impact the injury has caused your family. Our attorneys understand the emotional toll of the whole ordeal and believe the impact on your family is always incalculable. Let our child accident and injury lawyers hear how the crash occurred and assist you in asserting legal actions for your child's injuries and damages. 

According to CDC, nearly 150 children ages 0 to 19 are treated every hour in U.S. emergency departments for crash-related injuries, and motor vehicle collisions continue to be the leading cause of death among children age 4 and ages 11-14. Of the collisions child death that occurred in car accidents in 2018, and 2019, nearly 70% percent were passenger vehicle occupants, 20% were pedestrians, and 5% percent were bicyclists, and the majority of accidents are caused by motorist engaged in distracted driving, including drivers texting while driving. 

Just like adults, Texas law provide children with the right to seek full compensation for their injuries caused by a driver's negligence. Sometimes this includes the multiple drivers or commercial trucks. The important thing to know is that if your child has been hurt, your child and your family may have a strong claim for damages.

My Child Was Injured At Daycare

If your child was hurt or injured while in a childcare or daycare facility, we can assist your family in filing a personal injury lawsuit on your child’s behalf for legal compensation. In order to file a successful lawsuit, a Houston Child Injury Lawyer must prove the daycare provider was "negligent", which requires showing the provider owed a duty of care to your child, breached the duty, and that the violation caused your child physical harm.

 

But, the legal analysis doesn't end there, because defense lawyers always blame the child for contributing to their own injuries, and this is allowed under Texas "proportionate responsibility" rules. 

 

Child care and learning facilities in Texas have an elevated duty to ensure kids receive adequate supervision to prevent injuries. Our personal injuries commonly represent children injured wandering away from the facility, or who have choking on food or unsafe toys, fallen or been dropped, ingested objects, gained access to parking lots or streets, been injured on buses, or been physically, sexually, or verbally abused. ​

Daycares and childcare facilities are have a higher duty under Texas law to protect your son or daughter from being harmed. When they fail this duty, we are prepared to help you recover for your child’s medical bills, emotional impact, ongoing therapy and treatment costs, and the economic impact your family experienced as a result of the child-care facilities unsafe actions. 

My Child Was Hurt In A School Bus Accident

If your child was injured in a school bus accident, attorney Niles Sneed and his team of car accident advocates will represent your family against the insurance carrier for the School District. Your child is entitled to legal compensation under Texas law, which includes both economic and non-economic damages such as pain and suffering, loss of enjoyment and emotional distress. 

 

According to the National Highway Traffic Safety Administration (NHTSA), school buses remain the safest transportation option for children. While this is true, the unfortunate reality is that thousands of kids are still hurt here in Texas by bus accidents. Here in Texas, public schools are protected against lawsuits by sovereign immunity by the Texas Tort Claims Act, but one exception includes children harmed by while being transported. These cases often include the negligent or unsafe actions of the bus driver, poor weather, or a failure to properly maintain the bus. No matter what the cause, children hurt in these accidents often have the option to recover for their past, present, and future losses.

My Child Was Injured or Drowned in A Swimming Pool

If your child suffered harm or drowned in swimming pool, your family can count on Sneed|Mitchel LLP to provide caring, aggressive, and strategic legal representation. Niles Sneed has handled public and private pool downing-injury cases across Texas and will assist you every step of the way. 

 

Under The Texas Property Code, neighbors and or pool operators can be easily held liable under the premises liability rules or “attractive nuisance” if the owner failed to properly fence their pool and children entered without warning, or for allowing children to swim in pools without proper safety equipment in place, or for not provide appropriate supervision of the children in the pool. Determining legal liability for a Texas pool accident injury can be complicated and required an experienced Child Injury Lawyer to properly analyze the swimming pool incident and inform a family of their full legal options.

 

In 2019, Texas led the nation drowning accidents involving children, and Harris County is their most common location. According to the CDC, children suffering swimming pool accidents require hospitalization or transfer for further care in 50% of cases, and many are left with permanent disabilities from brain injuries including paralysis. 

My Child Was Injured By A Toy

In many cases, parents can recover if their child was injured by a defective toy here in Texas because product liability is a “strict liability offense”. This means that a Child Injury Lawyer doesn’t have to prove the toy manufacturer was negligent. If there is a defect in the product and the product led to your child’s harm, the defendant is liable. This is based upon Texas Civil Practice and Remedies Code Chapter 82.

Injuries to children caused by detective or dangerous toys are far too common. According to data collected by the U.S. Consumer Product Safety Commission, children and adolescents ages 0-19 sustained over 1 million toy-related injuries that were treated in emergency departments from 2015 and 2018.

The Doctor Misdiagnosed My Child And It Caused Injuries

If the misdiagnosis by a Texas physician caused your family to incur medical expenses, or your child to suffer additional injury or trauma, you could have a case of pediatric malpractice, which is a particular subset of medical malpractice relating to children. Misdiagnosis is the leading brain injuries accounted for the highest percentage of claims for all age groups: neonates, 48%; first year, 36%; child, 15%; and teenager, 11%

There are many types of pediatric malpractice, including birth injuries, medication errors, errors during surgery, and or a misapplication of anesthesia.  If your child is showing symptoms of having a mental, physical, or emotional condition that you believe is related to medical care your son or daughter received, then there’s a chance you could have a pediatric malpractice case.

 

An experienced Houston Child Injury Lawyer is needed to assess how the injury occurred and prove the physician's actions failed to meet the legal standard of care by he or she making a determination that a reasonable doctor would not have engaged in similar actions.

My Child Died In An Accident And We Need A Wrongful Death Lawyer

If another person or entity’s actions caused the death of your child here in Houston, Texas, you have rights and legal options of recovery and a lawsuit is best way to proceed. The damages recoverable for the wrongful death of a child start with “special damages”, which includes medical, hospital, and medication expenses incurred before death, oftentimes these are the ambulance ride, emergency surgery, life support, etc. 

 

Additional damages include loss of consortium for non-monetary things like love, companionship, and destruction of a parent-child relationship, etc. Houston Child Injury Lawyer Niles Sneed also always tries to sue for “punitive damages” whenever possible. Punitive damages are a fee assessed by a Judge or jury to punish the behavior of the liable party. Punitive damages often make up a large portion of case settlements and judgements that exceed 1 million dollars. 

Frequently Asked Questions About Pedestrian Injuries In Houston, Texas

Do I need a Houston Child Injury Lawyer?


Yes. A child injury attorney has the expertise and separation to advocate for you and your child and ensure that your child is provided with the compensation they deserve. Our Houston child injury lawyers can guide you through the entire claims process.

Child injury lawsuits require an attorney to:
  • Investigating the scene where your child was injured
  • Collecting vital evidence, such as police reports, medical records, and video surveillance
  • Advocating for your child's interest against the insurance companies
  • Negotiating for all past and future care
  • Crafting strong legal arguments catered to your child's perspective
  • Fighting for your child in court if settlement fails
  • Negotiating to reduce the final medical bills and debts
Sneed|Mitchell LLP Injury Lawyers represents children with mild to severe injuries suffered across Texas in accidents such as motor vehicle collisions, school-related accidents, playground events and other types of professional negligence. Our Child Injury Lawyers are experienced and skilled at representing children and can assist your family, step-by-step, throughout the recovery process.




What is a Child Injury Lawyer?


A Child Injury Lawyer is a trial lawyer dedicated to the litigation of personal injury cases involving children. Seeking the help of a qualified Houston Child Injury Lawyer is the best course of action once your child has suffered an injury due to the negligent or unsafe actions of another person or entity.

Lawsuits often involve complexities and legal standards that are not factors in standard personal injury lawsuits. For instance, when kids are injured and a lawsuit is brought against a Defendant, the Defense attorneys normally attempt to blame the child for contributing to his or her injuries. A child injury lawyer is accustomed to demonstrating the expected and unexpected behaviors and perceptions of children to prove why the child's actions should have been anticipated and guarded against.

Further an experienced attorney has the necessary knowledge and skill to investigate the incident in question, interview witnesses and build a strong case for compensation. This includes methods of proving how much your child has been impacted by the personal injury event. In the child injury cases our firm handles we also use medical experts and case experts such as bevahorialists, child therapists, pediatricians, nurses, and long-term care professionals to attest to the extent of treatment a child may need moving forward to support their injury or condition.

As a parent, you want to ensure that your child receives complete compensation for current and future expenses related to the accident, and our Child Injury Lawyers can assist you step by step throughout the legal process.




What is the average settlement for child injury cases in Houston, TX?


Our average settlement in personal injury cases involving children was $48,000 in 2020. But, the average settlement in child injury cases depends largely on the type of personal injury claim. As an example, the average neurological birth injury case settles for $1.03 million, while the average auto accident claim for injured children is around $30,000. The potential recovery of any personal injury claim here in Houston is completely dependent on the resulting injuries and applicable insurance coverage limits accessible in any specific injury claim.




My child may have emotional trauma from the accident, what should I do?


Children that suffer near death experiences like dog attacks, auto accidents, or abuse may develop symptoms of Posttraumatic stress disorder (PTSD). These symptoms include disturbing thoughts, intrusive memories, alterations in appetite or behavior, crying, or difficulty sleeping. Symptoms may begin immediately following a stressful event, but they may also appear months to years after the traumatic incident.

Not all children who suffer traumatic incidents develop PTSD. Clinical PTSD requires that symptoms persist for a month or longer and negatively impact the child’s functioning. Symptoms most often start within 3 months of the traumatic events but may not appear for months or even years.

Only a child psychiatrist or mental health is qualified to diagnose PTSD. Treatment for PTSD is effective, but early diagnosis and treatment is crucial. Mental health care can ease symptoms, facilitate the child’s development, and improve his or her quality of life. Treatments often include:

Cognitive behavioral therapy: CBT teaches children techniques for managing their anxious thoughts.

Medicines for depression or anxiety: Medication may help ease some children’s symptoms.

If you believe your child is suffering from PTSD and the condition was caused by the negligent or unsafe actions of another, share your story with our Texas Child Injury Lawyers. The party responsible for causing your child’s emotional condition should also be entitled to fully compensable your family for the experience and effect on your son or daughter’s life.

Cognitive behavioral therapy: CBT teaches children techniques for managing their anxious thoughts.

Medicines for depression or anxiety: Medication may help ease some children’s symptoms. If your child appears to be experiencing PTSD after suffering an experience related to the actions or inactions of a negligent individual or company, share your story with our Texas Child Injury Lawyers. The Defendant responsible for causing your child’s emotional trauma should also be entitled to fully accountable the impact of their actions.




If my child suffered a back injury, should I keep the child immobilized on the scene?


Yes. Please do not move the child. Keep them still. Many have a natural urge to intervene by picking up, cradling, or moving the child. Doing this has the potential to worsen head, neck, and spinal cord injuries. It is crucial that the injured child’s head and neck remain immobilized until emergency personnel arrive. About 60% to 75% percent of children’s trauma-related spinal cord injuries happen in the neck (cervical region), 20% percent are in the chest or upper back (thoracic region), and around 5 to 20 percent are in the lower back (lumbar and sacral region). Stastically, boys are more prone to spinal cord injuries than girls and this is correlated with their general differences in style of play. If your child has sustained any injury to the back or spine, seek medical care immediately. Only a medical specialist can properly assess the extent of the injury. Fortunately, should the child require surgery, medical advancements now protect his or her future growth. Growing rods or vertical expandable prosthetic titanium ribs (VEPTR) can stabilize the spine while allowing for lung and chest wall expansion in the future.




What damages can a Houston Child Injury Lawyer help us obtain?


If you reach a settlement with the insurance company and/or defendant in your child injury lawsuit, or if the court rules in your favor, your child could recover compensation for a wide array of losses related to the injury, including:

  • Medical bills, including the cost of future health care incurred by the injury
  • Property damage
  • Pain and suffering
  • Potential future lost wage or reduced earning capacity
  • Pain and suffering
  • Lost or reduced enjoyment of life
  • Mental anguish and emotional distress
  • Permanent disability or disfigurement
  • Loss of services and/or companionship to the family
  • Reduced quality of life
  • Scarring and disfigurement
  • Punitive damages if your child’s injury resulted from gross negligence or intentional harm




Will my child have to testify in a Harris Courty courtroom?


Most Houston child injury cases settle long before trial. But sometimes settlement is not an option. Insurance companies sometimes dispute their liability for their policyholder. In the interest of justice, your attorney will take such cases to trial. Your child may have to testify, but it's unlikely and depends on the specifics of the case. Judges here in Houston and across Harris County often understand the pressures placed on children when testifying and may ask that the statement, if required, be performed by previously recorded video testimony. One of our Houston child injury lawyers can give you more specific information on your chances of going to trial and possible requiring your child to testify.




What is a Guardian At Litem and is one always required in child injury cases?


“Ad litem” is Latin means “for the suit.” Here in Houston and throughout the State of Texas, a guardian ad litem (the “GAL” or “ad litem”) is an attorney appointed by the Judge to represent an incapacitated or minor child plaintiff in the civil suit to review the facts of the case and oversee the settlement to ensure what the child is recieving is proper and reasonable based on the facts. The Guardian ad Litem's services are paid by the court directly, he or she does not receive a percentage of the child's settlement or interest.

A guardian ad Litem is not always required. Oftentimes, when insurance companies settle a child's injury claims for a sum under $8,000 or $10,000, the sum can be paid directly to the family. This often occurs in auto accident cases, or more minor premises liability cases.




How is a settlement provided in Houston child injury cases?


In child injury lawsuits taking place here in Houston or throughout Harris County, the settlement funds are provided to the child in two ways, either through a settlement paid directly to the parent or guardian, or the funds are placed in a Court Registry until the child is 18 years old.

If the settlement amount is either $10,000 or less, the funds can oftentimes be paid directly to the family, on behalf of the child. But, in other cases, the insurance company paying the compensation amount is required to initiate a "friendly suit" through which a Guardian Ad Litem is appointed and the funds are placed into a bank account with the State of Texas until the minor turns 18. Once they are 18, they can bring proper id and the cause number to the Court Registry to withdraw the full settlement.




What is the deadline for filing a Child Injury Lawsuit in Houston, Texas?


In Texas, a personal injury victim generally has two years from the date of the incident to file a lawsuit. This law is codified in the Texas Civil Practice and Remedies Code §16.003. But, cases involving injured children are much different and often surprise families. In the State of Texas, the two years to file a lawsuit on behalf of the child does not begin until the child's 18th birthday, and would not close until the child's 21st birthday.

The tolling of a deadline to file the lawsuit in Texas on behalf of a minor does not apply to claims that non-minors have connected to the same injury event. As an example, in child injury cases where a minor is injured, the parent or guardian often pays the medical treatment bills. These are considered the economic damages of the adult (non-minor) and therefore the deadline to file a lawsuit to recover these damages is still only two years from the date of the accident, not two years after the child reaches the age of majority.

Waiting to file a lawsuit is never recommended. Oftentimes, key evidence needed to win a child injury claim fades with time. Witnesses often can't recall specific details even weeks after an accident, and items like surveillance footage, incident reports, and other forms of business records often get lost or destroyed after an extended time.





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Common Types of Injuries To Children

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Experienced Child Injury Lawyer

Contact the Houston child injury and accident attorneys of Sneed|Mitchell LLP today at (866) 434-0014 to speak with Niles Sneed, directly. Niles Sneed is an experienced child injury lawyer with a proven record of success helping children and their families recover against the unsafe and negligent individuals or companies.

 

Our personal injury law firm also handles all claims on a contingency basis, meaning you don’t you don’t pay for our services if we don’t win! Your child deserves compensation after being hurt in an avoidable accident, have Houston's most skilled and experienced child advocates in your corner. 

Free virtual and telephone conferences are also available everyday, 24/7, for your convenience. We also invite you to download our eBook for free insight into the process of personal injury claims here in Harris County.

At Sneed|Mitchell LLP, we know exactly how impactful and child injury accidents and injuries are — and how important a zealous and experienced lawyer is towards the success of each child's case. Our record of outstanding representation in child safety lawsuits has earned us 5-star ratings on Google, AVVO, AV, and Facebook. Our law firm also regularly handles the child injury cases of other lawyers throughout Texas.