Injuries To Children

Injuries to children pose unique problems. Children depend on family members to protect them from injury and to pursue any claims they may have. Texas law recognizes that children are not capable of bringing a claim without assistance, and with certain important exceptions; a child's statute of limitation on a personal injury claim does not start to run until the child’s eighteenth birthday. Nevertheless, it is in the child’s best interest for the child's claim to be pursued as soon as possible following the injury. Evidence of the circumstances of the accident must be investigated while the evidence is fresh and before witnesses memories fade with time. In addition, certain damages, such as those medical expenses incurred before the child reaches age 18, are likely to be considered as the damages of the parents and, therefore, may be subject to a two year statute of limitation starting at the date of the accident instead of the child's eighteenth birthday.

Our lawyers have successfully represented families and children in situations where children have been injured or died as a result of automobile and eighteen (18) wheeler accidents, bicycle accidents, defects in premises including injury and drowning death or brain injury cases where the owner has failed to properly fence or secure a swimming pool or other attractive nuisance.

At Bemis, Roach and Reed we understand one of the most unique aspects of cases involving injuries to children and that is the need to isolate the child from the legal process as much as possible. It is in the child's best interest to avoid having them focus or dwell on the injuries or losses which have befallen them. Therefore, we must constantly walk the fine line between proving the child’s case while maintaining their self esteem and a positive outlook for the future. Our best guide in walking this fine line is the advice and recommendations of the parents and their child’s healthcare professionals.

We also understand the impact of a loss of a child on the parents, siblings and other members of the family. While it is impossible to truly compensate the family for such a loss, we can assist the family in recovering their economic losses and damages for pain, suffering and mental anguish. We can also take action to expose the negligence that caused the loss and thereby help to prevent it from happening to another child.