San Antonio Child Injury Lawyers

If your child suffered injuries in an accident, you should seek medical attention immediately, even if the injuries seem to be minor or if the child does not show signs of injury. This is especially important for younger children who cannot verbalize, or those who are too young to tell you that they “don’t feel right.”

Additionally, it may be best to contact a San Antonio child injury lawyer at George Salinas Injury Lawyers as soon as possible. While you have up to two years to file a claim with the courts, insurance companies give you far less time—sometimes less than 30 days to file a claim.

You should call the insurance company to notify them that you are initiating a claim. Other than your name, address, the date and time of the accident, the location of the accident, and your attorney’s contact information, it is often advisable to refrain from telling the insurance company anything else. The insurance company representatives might use your words against you, and either deny your claim or make a lower offer than they know it may be worth.

As with adults, injuries to a child could range from minor injuries to catastrophic injuries—especially for children who are not strapped in or those who are strapped in to an improperly installed car seat or booster seat.

Injuries may include:

• Bumps, scrapes, scratches, and cuts;
• Strains, sprains, pulled and torn muscles, and other soft tissue injuries;
• Simple and compound fractures;
• Head, neck, and shoulder injuries;
• Back and spinal cord injuries;
• Traumatic brain injuries;
• Burns;
• Road rash;
• Internal injuries; and
• Paralysis.

Some of these injuries could lead to death hours or days after the accident. If your child is suffering from injuries that doctors feel could be life-threatening, make sure that medical personnel documented this possibility in your child’s medical records. Injuries could also disable a child for life. In this case, it can be expensive to cover all of the medical expenses and special care that your child will need over his or her lifetime, including arranging for care after your death if the disability prevents the child-now-adult from caring for himself or herself without assistance.

You might collect certain damages on behalf of your child including economic damages, non-economic damages, and punitive damages.

Economic damages, sometimes referred to as special damages, could include past and future medical expenses, replacement and repair of personal property damaged in the accident, and funeral and burial expenses. If your child was working, you may recover past and future lost wages.

Non-economic damages, sometimes referred to as general damages, include:

• Pain and suffering;
• Emotional distress;
• Loss of companionship;
• Inconvenience, if the child was old enough to contribute to household chores, or if the child played a significant caretaker role in the family;
• Disfigurement and/or scarring;
• Loss of use of a body part or bodily function; and
• Amputation.

Unlike economic damages and non-economic damages, which are intended to make the victim whole again, the court may order punitive damages as a punishment for the defendant. Punitive damages are available if the court determines that the defendant’s actions were grossly negligent.

Before you accept a settlement from the insurance company, it is better to wait until a San Antonio child injury lawyer at George Salinas Injury Lawyers reviews it, along with the medical records of your child. Keep in mind that insurance companies are for-profit companies, which means that they are in business to make money. Every claim they have to pay out decreases their bottom lines.

Consequently, you may encounter an insurance company that will offer less money than they know your claim is worth to make you go away. The insurance company might try to deny your claim outright. The company’s initial offer may not come close to covering your past medical expenses, let alone other expenses you have incurred. Your child might have the right to recover more.

Not always. A San Antonio child injury attorney could enter into negotiations with the insurance company to try to agree on a fair and reasonable settlement. However, if the insurance company refuses to budge on a low-ball number, you may wish to file a lawsuit. Ultimately, it would be up to you whether you want to take a settlement or go through the litigation process.

This depends on whether you accept the insurance company’s settlement or decide to litigate. Unless the insurance company offers a fair and reasonable award, the process may take a while. This is especially true if your child has suffered severe injuries. Receiving compensation for catastrophic injuries that could disable your child for life often takes longer, as the insurance company may require expert witnesses.

Yes. The statute of limitations considers those under the age of 18 to have a legal disability. Thus, the statute of limitations tolls until the minor child reaches the age of majority. At that time, the child has the original two years to file a lawsuit against the defendant.