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San Antonio Child Injury Lawyer Brit Mitchell

San Antonio's Most Recommended Child Injury Lawyers for 2020 and 2021. Brit Mitchell Is Recognized Statewide And Ready To Assist Your Family.

Nothing is worse is getting the news your child has been harmed. Unfortunately, kids suffer serious injuries and even lose their lives at alarming rates here in San Antonio due to the negligent or intentional misconduct of others. Child injury and abuse incidents often involve extensive medical treatment costs that sometimes span from childhood into and through their adult life. Kids hurt in car accidents, a dangerous environments, or by a careless caregiver or defective product have legal rights under Texas law. 

 

If your child was injured as the result of someone else's negligence, should consult with attorney Brit Mitchell today. Brit Mitchell is an experienced San Antonio Child Injury Lawyer experienced with handling lawsuits involving injuries to children and will represent your child's best interests. Ask to speak with Brit 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!

Child injury attorney Brit Mitchell Texas children injured

Do I have a right to pursue legal action if my child was injured in an accident?

Under Texas law, if your son or daughter has been injured due to someone else's negligent or unsafe actions, you have the right to pursue compensation for their physical injury, pain and suffering, and medical bills. An experienced child injury attorney can further assist 

An experienced child injury attorney will know how to investigate the accident and gather evidence, including talking to witnesses and reviewing any camera surveillance. They will also be able to identify all possible sources of compensation, such as the responsible party's insurance company. And most importantly, they will fight for your child's rights and ensure that they receive the full amount of compensation they are entitled to.

So if you're looking for help after your child has been injured in an accident, don't hesitate to contact a child injury attorney today. They can provide the guidance and support you need during this difficult time.

What is a child injury lawyer?

A child injury attorney is a personal injury lawyer who provides legal services to families whose children have been physically or psychologically injured as a result of a negligence person, company, or entity. Child injury attorneys practice in the area of law known as tort law and handles a range of accidents including; car accidents, defective products, daycare accidents, dog bite claims, birth injuries, and others. These attorneys work to identify all liable parties, collect evidence, interview witnesses, negotiate with the insurance company, and take the case to court, when necessary. 

Do I need a lawyer for a child accident case?

Although having a lawyer is not a legal requirement, it is strongly recommended that you hire an attorney if your considering pursuing a child injury or abuse case. Even if you believe your child is at-fault in causing his or her injuries, consult with a lawyer before taking any action or deciding not to act. Texas law charges adults and caretakers with elevated standards of care in situations that involve children, which reduces a child's proportionality responsibility. In situations where liability is clear, claim involving hurt children can still be difficult to navigate as they often involve long-term medical treatment, case experts, multiple defendants, State and Federal safety laws, and dismissive insurance adjusters. These factors combine to make child accident cases complicated and highly contested, which is why you need an attorney to protect your child's rights.

When should I get a child injury attorney?

You should consult with a child  injury attorney the moment it is safe to do so after learning your child was harmed due to the negligence or wrongdoing or another person or entity. Although some accidents involving children do not require an attorney’s assistance, it is also helpful to have someone with legal knowledge and experience handling injury claims involving children to review the facts of what occurred and inform you of your legal rights and options.

Common Injuries Child Injury Lawyers Assist With

According to the Centers for Disease Control and Prevention, unintentional injuries are the leading cause of death for children in the United States. Every day, nearly 9,000 children are treated in emergency rooms for injuries that were sustained in accidents. While some of these accidents are due to factors beyond our control, there are many things that parents can do to help prevent their children from being hurt. Here are some of the most common child injuries and what you can do to prevent them:

Fall Injuries

 

Each year, over 12,000 children under the age of 18 die from accidental injuries, and another 2.8 million suffer from disabling injuries. While some accidents are impossible to prevent, personal injury lawsuits often involve caregivers failing to properly childproof or supervise children while playing. Fall injuries often cause spinal cord injuries, herniated disks, or even paralysis

 

Concussions

 

Children suffer brain injuries and other forms of traumatic brain injuries (TBI) when they experience blows to the head. According to the Centers for Disease Control and Prevention, every year approximately one in four children in the United States suffer from a concussion. In most cases, concussions are mild and resolve on their own within a few weeks. However, some concussions can lead to more serious problems, such as bleeding or a brain stem injury, which can result in long-term problems. 

Fractured or Broken Bones

 

Broken bones are one of the most common injuries children suffer in accidents. Although most breaks heal without any complications, some can lead to long-term problems. In severe cases, a broken bone can cause nerve damage, crush injury, loss of mobility, amputations, or even death.,

Internal Injuries

A child may suffer internal bleeding in an accident for a variety of reasons. One common cause is a blow to the abdomen, which can rupture the spleen or damage other organs. In addition, a fall or impact to the head can cause bleeding within the skull. While some bleeding is visible externally, other types may not be immediately apparent. 

Burns

According to the American Burn Association, approximately 450,000 children under the age of 18 are treated for burn injuries each year in the United States. Of those, approximately 3,500 will die from their injuries. Burns are especially devastating to young children because their skin is thinner and their bodies are smaller, making them more susceptible to serious injuries.

Drownings 

 

Recently, there has been an alarming increase in the number of children who suffer serious injuries in swimming pools. In many cases, these injuries occur when the child is left unsupervised for even a short period of time. While most parents are aware of the danger that pools pose to young children, they may not realize that their child is at risk even when they are close by.

Choking Hazards 

According to the National Safety Council, choking is the fourth leading cause of unintentional injury death in the United States often involve food, or non-edible objects such as toys. Each year, thousands of children suffer choking injuries in accidents while at school, daycare, a neighbor's home, or another situations where an adult failed to properly provide supervision or the correct safeguards. 

What damages can my child recover in a San Antonio child injury lawsuit?

Here in San Antonio, Texas, children harmed by the negligent or reckless actions of another are entitled to recover economic damages, non-economic damages, and punitive damages. Economic damages include emergency room costs, rehabilitation care, surgeries, aid devices, future care needs, and any lost wages and out-of-pocket expenses the parent experiences. Non-economic damages involve psychological impacts such as pain and suffering, mental anguish, and emotional distress. In certain situations, punitive damages are also possible. Punitive damages, also called exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and deter them from engaging in actions that could hurt others in the future.

How much is the average settlement for a child injury lawsuit in San Antonio?

The average settlement for the a child personal injury accident, which is the most common tort claim in San Antonio, is $90,000 for the attorney at Sneed & Mitchell LLP. Child injury claims generally settle for full sum of the liable parties liability insurance coverage, so some claims settle for $30,000, while other settle for millions, depending of the extent of injuries the child has experienced. 

How do I find a lawyer in San Antonio for child injuries?

The practice of law has become highly specialized, and many personal injury lawyers know less about child accident cases than you will after reading the information on this page. Child injury attorneys can be found through word or mouth, online, or through legal directories. When discussing your claim with the attorney, your should inquire about their prior experience, similar cases, jury verdicts, and settlement awards. Remember, the attorney works for you, so interviewing them about their experience and capability is necessary before making your decision. 

Child Injury Statistics 

Child injury statistics provide a disheartening glimpse into the consistent dangers that children face in our society. Our attorneys consistently analyze the empirical data and advocate for legislation that further protects children from experiencing unintentional injuries. Some of the most recent and alarming child injury and mortality rates are as follows: 

 

  • Research from the National Library of Medicine provides that every hour a child in the United States dies from an unintentional injury. Child injury deaths have also increased more than 10 percent in the last decade. 

  • The Center of Disease Control reports that 7,000 adolescents aged 1 to 19 die from unintentional injuries each year.

  • Every day, about 8 thousand kids go to hospital emergency rooms because they suffered a fall injury.

  • Each year nearly 100 children die in bicycle related traffic accidents, about another 254,000 children suffer non-fatal injuries. 

  • Drowning is the leading cause of deaths for children aged 1 to 4. Each year, around 80 children lose their life in water-related accidents. The majority drownings occur in residential swimming pools and amusement parks,.

  • 3 in 4 child related suffocations are due the result of accidental suffocations and strangulation in bed.

  • According to U.S. Consumer Product Safety Commission (CPSC) there were an estimated 198,000 toy-related injuries that required treatment in a U.S. emergency room in 2020. 

These statistics are even more alarming when you consider how many lives and life-altering injuries could have been prevented through education on proper safety measures​ and additional legal protections protecting children. ​

 

How do you prove negligence in a child accident case?

In Texas, negligence in lawsuits involving injured children is demonstrated by a plaintiff proving four things in court: duty, breach, causation, and damages. Common circumstances where defendant's fail in their duty of care include negligent supervision, negligent hiring and training, and negligent maintenance of equipment. Your attorney will investigate the accident and gather evidence in the form of camera footage, witness statements, company records, and maintenance records to determine how the defendant's actions failed to meet the level of care required by law.

Who can make a claim on behalf of an injured minor in Texas?

In Texas, only parents and legal guardians have the legal ability to file a personal injury lawsuit on behalf of an injured child. A child can only bring a claim on their own is they are legally emancipated, which removed the disabilities of minority. 

What is the deadline to file a child injury lawsuit in Texas?

In Texas, the statute of limitations to file a child injury lawsuit is two years after the child turns 18 years old. Unlike personal injury claims involving adults, the law tolls the start of the two year statute of limitations until the child reaches the age of majority. 

My child was hurt in a car accident here in San Antonio, what can I do?

If your child was injured in a car accident as a passenger, pedestrians, or bicyclists, a child car accident attorney can assist you in recovering the maximum compensation allowed by law for their medical treatment, phycological injuries, and any financial impact the parents endure as a result of the crash. After your child obtains medical care, an attorney can investigate the wreck, identify the liability parties, file your claim with the applicable insurance company, and work to ensure the insurance adjuster or jury accounts for your family's losses.   

If my child was injured in a San Antonio Daycare, how can I hold the childcare facility liable?

Holding a daycare or daycare and after-school facility liable after your child is harmed requires sufficient proof that the establishment or its employees were negligent or incompetent in causing your child's suffering. Some of the common causes of daycare injuries include inadequate staffing, unqualified workers, unsafe facilities, and criminal acts. To help ensure that the private daycare center and childcare worker are held accountable for their unsafe practices you should report the incident to the Texas Department of Family and Protective Services and contact experienced daycare injury legal team. The States investigator and your attorney will quickly investigate the facility, preserve important evidence, and help determine what childcare regulations have been violated. 

Are school districts liable for injuries or school bus accidents in San Antonio?

In many cases, buses in San Antonio and throughout Bexar County are owned and operated by the government, making the school district the proper defendant after an accident. Claims against Texas school districts are often subject to guidelines set forth in the Texas Tort Claims Act, including shorter time limits for filing claims. Other bus accident lawsuits involve private third parties companies or even individuals contracted to transports kids to and from school. As with any traffic accident, an investigation into the damaged vehicles may reveal faulty repair efforts or defects parts, making a mechanic shop or parts manufacturer an additionally liable party. A bus accident lawsuit may involve a sole contributor or multiple liable parties through our states proportionate responsibility rules.  

My child drowned in a swimming pool, how to I get legal help?

If your child suffered harm or drowned in swimming pool in San Antonio, you should contact Brit Mitchell. Brit handles swimming pools accidents and after an on-site investigation often determines the pool lacked the basic protection needed to keep children safe. Examples of common safety hazards include broken pool ladders, lack of fences or locks, shallow deep ends, missing anti-entrapment devices, untrained life guards, loose tiles, and other pool deck hazards. Swimming pool cases are often complex and might involve backyard pools, public pools, water parks, and even natural pools and ponds. If you family is considering bringing legal action on behalf of your child, consult with a qualified child injury attorney as soon as possible. 

My child was hurt by a toy, how can I sue the product manufacturer?

If a defect toy severely injure your child, or you lost your little loved one through a wrongful death caused by dangerous product, a child injury advocate can assist your family in demanding accountability against the manufacturer. The U.S. Consumer Product Safety Commission provides that toys such as tricycles, scooters, balloons, toy boxes, stuffed animals, and battery operated are the common cause of serious accidents. To bring a successful lawsuit, a products liability attorney must examine the toy to determine if there is a design defect, manufacturing defect, or if the manufacturer failed to provide proper warnings of the toys inherent dangers. A failure to warn creates a strict liability issue for the manufacturer and distributor. 

A doctor misdiagnosed my child, what are our legal rights?

If your child has been misdiagnosed by a doctor and suffered additional injury or medical complications as a result of the diagnosis, a medical malpractice attorney can assist in pursing a legal claim against the doctor, medical practice, and or hospital. A study conducted by Johns Hopkins University found that around 12 million adults in the U.S. are misdiagnosed each year, and children are even more vulnerable to errors due to their smaller size and undeveloped bodies. When a child is misdiagnosed, they may receive unnecessary and potentially harmful treatments, or they may miss out on the care they need to properly treat their condition. In either case, the consequences can be devastating. An experienced San Antonio personal injury attorney can determine if physician's actions failed to meet the legal standard of care aid your family is obtaining monetary relief for any injuries and damages. 

My child lost their life in an accident, are there wrongful death attorneys that help kids?

The family of a child who has lost their life in an accident may be able to pursue legal action against those responsible for it here in Texas. Wrongful death lawyers work to provide families compassionate service, prompt answers, and financial compensation for the pecuniary injuries. Unfortunately, these avoidable fatalities happen often in San Antonio. A child injury lawyer will fight to ensure the liable party is held full accountable. 

Experienced Child Injury Lawyer

Attorney Brit Mitchell handles child safety and injury accident cases in San Antonio and throughout Bexar County. Brit has helped hundreds of families achieve justice for the children abused, injured, or neglected by negligent people, schools, daycare centers, and companies. If your child has been injured in San Antonio, contact child injury attorney Brit Mitchell today at (866) 434-0014. You can also fill out our quick contact form and at attorney will call you immediately!

 

Brit and her team of childcare advocates handles all lawsuits on a contingency basis, which means that your family doesn't pay any attorney fees unless and until your case is successful. Your child deserves compensation after being hurt in a preventable accident, so hire the best child injury attorney in San Antonio. We offer free virtual and telephone every day of the week. You can also download our eBook for free insight into daycare center and childcare worker responsibility in Bexar County.

At Sneed & Mitchell LLP, our history of outstanding client representation in child accident claims has earned us 5-star ratings on Google, AVVO, and Facebook. We also handle lawsuits involving kids for other lawyers in Dallas, Austin, Houston, and throughout Texas. 

RECENT VICTORY

$378

THOUSAND

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July 2020

Common Types of Injuries To Children

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