Child Injury Lawyer in Arlington, Texas
Children are the future of our society, and it is our responsibility as parents, caretakers, and adults to keep them safe. Due to their innocent nature and curiosity about the world around them, children are often prone to serious injuries. If your child was injured due to the negligence of another, you may be entitled to compensation for their injuries and damages. The dedicated personal injury attorneys at Branch & Dhillon, P.C. are here to help. Contact us today to schedule your free, no-obligation consultation with our experienced child injury attorneys.
My Child was Injured Due to the Negligence of Another
If your child was injured due to another person’s negligence, you may be able to file a personal injury claim. These are some of the types of damages that a personal injury claim can help you and your child receive compensation for:
- Pain and suffering
- Permanent injury or disfigurement
- Emotional distress/trauma
- Wrongful death
- Medical bills
Common Child Injuries Leading to Personal Injury Claims
The following injuries are the most common injuries and causes of child fatalities according to the Centers for Disease Control:
What Is Considered Child Abuse
Child abuse is defined as the action or failure to act that results in injury, emotional trauma, serious harm, or death of a child. The following actions are considered child abuse under the Texas Family Code Chapter 261 and South Carolina Children’s Code Chapter 7;
- Striking a child with an object, fist, or another body part with the intention of causing injury
- Making serious threats to kill or severely harm a child
- Using excessive physical restraints or enforcing extended periods of isolation to control a child’s behavior
- Leaving your child unsupervised when they are not old enough to care for themselves
- Leaving your child in the care of someone who is unable to appropriately care for their needs
- Allowing a child to witness or participate in illegal drug/alcohol abuse
- Driving under the influence of drugs or alcohol with a child present in the car
- Allowing your child to witness or be the target of domestic violence
- Knowingly allowing your child to be physically, emotionally, or sexually attacked
- Engaging in sexual acts or contact with your child
- Exposing your child to pornographic materials or forcing them to create pornographic materials
- Not meeting your child’s basic needs, such as providing food, shelter, or water
- Not seeking out medical treatment for your child that is essential for them to function, recover from illness or injury, or continue living
- Failing to make an effort to locate your child if they are missing
- Taking intentional action that creates a threat to your child’s life or well-being
Can You Sue a School for Negligence?
Public schools in Texas and South Carolina are considered to be under sovereign immunity. This means they are immune from lawsuits under normal circumstances. There are exceptions to this immunity, such as:
- Cases of injury or death that include evidence of gross negligence
- Injuries caused by or on a motorized vehicle, such as a school bus.
If your child suffered an injury at school that could have been avoided with proper care and attention, then you may be liable for compensation. Contact Branch & Dhillon, P.C. today for more information and to go over your case with a no-obligation consultation.
Signs of Internal Injury
Some injuries are not visibly apparent. If your child is displaying or complaining of any of the following pains, your child might be suffering from an internal injury.
Kidney Injuries are often accompanied by pain in the lower back. They may also present with blood in the urine.
Spleen Injuries are characterized by pain in the upper-left side of the abdomen as well as the left arm or shoulder. Spleen injuries can lead to serious internal bleeding.
Liver Injuries are often accompanied by pain in the upper-right side of the abdomen as well as pain in the right shoulder.
Abdominal Injuries are accompanied by abdominal pain, tenderness around the injured area, and a rigid abdomen.
Other signs of internal injury include the following;
- Cold, sweaty skin
- Rapid pulse
- Bluish discoloration of the belly or under the skin
- Low blood pressure
- Acute visual problems
- Shortness of breath
- Chest pains
If your child shows any of the following symptoms above and you believe they may have been injured in an accident, seek medical attention immediately.
What Is Injury to a Child By Omission?
Injury to a child by omission refers to a situation in which the legal guardian – or someone given the legal duty to protect and support the child – fails to take action when they should have. In these cases, this failure to take action results in the injury or worsening condition of a child.
Is Injury to a Child Considered a Felony?
In the states of Texas and South Carolina, injury to a child is considered a felony. The degree and severity of the punishment vary depending on the facts surrounding each individual case.
In the state of Texas, the punishments are as follows:
- Intentionally causing serious bodily harm or mental deficiency to a child is considered a first-degree felony. Offenders can expect either 5-99 years or life in prison, along with a $10,000 fine.
- Intentionally causing bodily injury to a child is a third-degree felony. Punishment can lead up to 10 years in prison with a fine of $10,000.
- Recklessly causing serious bodily harm to a child is a second-degree felony. Punishment can be up to 20 years in prison and a fine of $10,000.
- Negligently causing serious bodily injury or serious mental deficiency or impairment to a child is a state jail felony. This can lead to two years of prison time and a fine of $10,000.
In the state of South Carolina, the punishments for causing injury to a child vary depending on the facts surrounding the case. Most offenders can expect to face jail time of at least 20 years.
Child Injury Lawyer – Texas, South Carolina, & Virginia
Child injuries are serious and can lead to the impairment or emotional scarring of your child. If your child has been injured due to the negligence of another, you may be eligible for monetary compensation. The compassionate attorneys at Branch & Dhillon, P.C. are dedicated to helping you claim the compensation you deserve. Our attorneys are ready to speak with you during our free, no-obligation consultation. All of our cases are protected by our no-win, no-fee policy, which takes away some of the risk of seeking compensation. Call Branch & Dhillon, P.C. today to get you and your child’s lives back on track.