The Parent’s Guide to Child Injury Lawsuits

Child injury lawsuits are highly emotional, and nobody wants to go through the ordeal. It is profoundly frustrating for parents to feel powerless to help their son or daughter when they’ve been hurt. Sadly, many parents blame themselves, when the reality is that there’s nothing they could have done to prevent an accident, injury, or traumatic event from occurring. So how do you go about getting justice and compensation for your innocent child when they have been harmed? Read on below.

Can I sue an adult if they hurt my child?

Yes, absolutely. Obviously, while your child is a minor, they lack the capacity to sue someone themselves. But you can file a civil lawsuit on your child’s behalf. Under the law, your child is entitled to the same amount of monetary damages as an adult with similar injuries. And you, as a parent, may be entitled to additional compensation for your own extraordinary expenses in caring for your child after they’ve been hurt — physically, emotionally, or both. Even if an adult did not intentionally mean to cause harm to your son or daughter, they may be liable for monetary damages if their actions were negligent, careless, or reckless.

If an adult intentionally hurts your child, you may be awarded punitive damages above and beyond what the injury has cost you personally. Punitive damages are monetary awards granted by the court as a means of further punishing a perpetrator for their wrongful actions. 

If your child has been hurt, it is up to you to advocate for them, assert their rights, and defend their interests. But let’s face it — you’re busy enough just being their parent. So let an expert children’s injury attorney fight your legal battles for you while you get back to the full-time job of caring for your son or daughter.

Can I sue the parents of a child who hurt my child?

In certain circumstances, yes. Parents of children who hurt other children may be held legally and financially responsible for their child’s harmful actions, depending on the nature of the offense and how old the child is. For example, if the harm to your child was the result of negligent supervision by other parents, you may be able to file a lawsuit against the careless adults who were supposed to be watching your son or daughter when he or she was injured. 

Can I sue somebody if they sexually abused my child?

Yes. If your child has suffered sexual abuse, the offender will likely face criminal charges and jailtime. But that doesn’t help you as a parent pay for the therapy, mental health services, and medical treatment your child will need in order to recover. It also doesn’t fairly compensate you and your child for the pain you have endured. This is where a civil personal injury lawsuit comes in. 

If the perpetrator has any personal funds or financial assets, a child personal injury lawyer can quite literally make them pay. The parents of a sexually abused child can recover monetary damages and any income they may have lost while caring for their victimized son or daughter. Parents may also receive punitive damages (extra payouts intended to punish the sex offender) on behalf of their abused child. 

Can I sue the other driver if my child was injured or killed in a car accident?

Yes. Just because your child is a minor doesn’t mean they’re not entitled to compensation for their injuries after a car or truck accident. And if you lost a child in a car crash, you may have cause to file a civil lawsuit for wrongful death, especially if the driver who caused the accident was under the influence of alcohol or drugs, or was texting or talking on their phone while driving. 

But even if your child survived the accident and sustained only minor injuries, you as a parent can bring a lawsuit on their behalf to be compensated for the minor’s pain and suffering and mental anguish, and for medical expenses you incurred and time away from work you may have taken to care for them.

And many parents think they can’t sue a school if their child was injured in a school bus accident. This is not necessarily true. Laws regarding sovereign immunity can make it more difficult to sue a public school for a bus driver’s negligence or poor driving, but a skilled personal injury attorney can often use different legal strategies to get you and your child the monetary award you deserve after a school bus accident. 

Can I sue a teacher, babysitter, or preschool/daycare employee if my child got hurt under their supervision?

In certain circumstances, yes. Public school teachers are largely protected from any legal liability for accidents that happen to children under their supervision, though there are always exceptions to this rule. But parents whose children get hurt at private schools, preschools, or daycare centers may be able to sue the institution itself if teachers or caretakers acted negligently or with willful disregard for child safety. Obviously, nobody’s perfect, and accidents do happen where children are concerned, even under the best of circumstances with vigilant chaperones. But in cases where there is video footage or witness testimony proving that no adult was even present when an accident took place or a child was harmed, the injured child’s parents may have a good case to sue for monetary damages.

If your child suffers harm while under the care of a babysitter or nanny, you may have a case to sue them, depending on the circumstances. If a nanny or babysitter has intentionally hurt your child, you can always take legal action against them. If the nanny or babysitter was negligent in their supervision, and has the financial assets to pay you, you may want to file a civil lawsuit against them if you can prove they were negligent. 

Can I sue a doctor or dentist for malpractice if they hurt my child?

Yes. Your child has the same right to compensation as any adult if they have been injured because of a doctor’s or dentist’s incompetence. Children’s healthcare providers almost always have hefty malpractice insurance policies, and their carrier should have to compensate you generously if your child has been hurt. But in order to recover monetary damages, you will need to hire a children’s personal injury attorney to take formal legal action against the offending practitioner. Unfortunately, chances are, if your child has been harmed by a bad doctor or dentist, other children have been harmed as well. And until a parent files a lawsuit, corrupt or unskilled physicians and dentists can continue to practice for years undetected.

A few years ago, a California pediatric dental group was sued by multiple parents after their children suffered life-threatening infections and facial abscesses following oral surgeries they didn’t even need. We point out this nightmare scenario not to scare parents, but simply to emphasize that if something about a doctor or dentist feels “off,” and your child ends up hurt after so-called “treatment,” it is always prudent to consult a personal injury lawyer. Further investigation may prove that the healthcare provider has committed malpractice against your child and is liable for damages.

Do I need a child injury lawyer near me?

Whether your child has been injured by a caretaker, medical professional, reckless driver, or another child, you should find the best children’s personal injury lawyer in your area and schedule a free consultation. Here at the Manginello Law Firm in Texas, we have decades of experience in all types of personal injury cases, and are passionate about getting you the compensation you deserve for your child’s injuries. Call us today. We want to hear your story and see how we can help.

Have questions? We protect victims like you every day.

Call 888-ATTY-911


About Attorney911 
Legal Emergency Lawyers™ legal services

Attorney911 Legal Emergency Lawyers™ legal services is a Texas-based personal injury and criminal defense law firm with offices in Houston and Austin, though we are proud to serve Texans from all over the state and represent clients in federal court. We handle a wide variety of legal issues — from car accidents to worker’s compensation to DUI/DWI offenses. Our staff is bilingual, friendly, and genuinely passionate about helping our clients, whether it’s a million-dollar case or a thousand-dollar case. We also understand that cost can be a prohibitive factor in hiring a lawyer, and are willing to work with you on structuring payment in a way that is fair and feasible. We do accept credit cards for our hourly fees, and take some cases on contingency, which means you don’t pay us unless and until you get paid yourself. We know that you have a choice in your legal representation, and we believe that what makes us stand out from the competition is our real emotional investment in our clients. We see you as a person — not a paycheck. And we will fight hard for you, because we truly care.