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When Should You File a Personal Injury Child Abuse Lawsuit?

Posted on Friday, February 16th, 2024 at 12:00 am    

If you plan on seeking justice for child abuse committed against yourself or your child, the first place you’re likely to turn is the criminal justice system. While that is an essential part of seeking justice, it may not get you the results you’re expecting. Filing a personal injury lawsuit might help.

Keep reading to learn more about filing a personal injury lawsuit for child abuse with help from an Austin personal injury lawyer.

Why Would I File a Personal Injury Lawsuit for Child Abuse?

First of all, to determine when you should file a personal injury lawsuit for child abuse, it’s important to first consider why you might file such a suit in the first place. As we mentioned above, the criminal justice system can be a powerful tool for seeking justice for child abuse, but it doesn’t compensate victims for the suffering they’ve faced, and it’s not always easy to get a conviction in criminal court. Those are the reasons why we often recommend that victims of child abuse file a personal injury lawsuit.

Personal injury lawsuits seek to compensate victims of wrongdoing for the harm that they’ve faced. That includes victims of child abuse. In civil court, where personal injury matters are decided, the standard of proof is lower compared to criminal court, meaning you may be more likely to succeed in civil court.

Keep in mind that child abuse can bring with it a host of expenses, including medical bills and therapy costs, and personal injury compensation can help cover those expenses.

What Counts as Child Abuse in Texas?

For your personal injury child abuse lawsuit to be successful, you will need to prove that your abuser or your child’s abuser did, in fact, commit an act of abuse and that the act of abuse resulted in real harm. In general, child abuse includes any act that may endanger the emotional or physical well-being of a child. 

Child abuse is broadly separated into four categories; physical abuse, emotional abuse, sexual abuse, and child neglect. If you or your child suffered one or more of these types of abuse, you may be able to file a personal injury lawsuit to get justice and financial relief.

Who Can File a Child Abuse Personal Injury Lawsuit?

Minors can’t file personal injury lawsuits on their own, but parents may be able to file a personal injury lawsuit on their behalf against their abuser. The victims of abuse may also be able to wait until they reach adulthood to file a personal injury lawsuit for abuse they suffered as a child. A personal injury attorney can help you determine whether or not you have a case.

How Long Do I Have to File a Child Abuse Lawsuit?

In every state, there are limits on how long a person has to file a personal injury lawsuit, and there are special rules in place regarding injuries to minors. In Texas, you may have until the child’s 20th birthday to file a personal injury lawsuit for child abuse. You should talk to a personal injury lawyer to learn more about how long you have to file.

An Austin Personal Injury Lawyer Can Help you File for Child Abuse Compensation

Child abuse can be incredibly devastating, and victims of this type of abuse deserve justice for the harm committed against them. If you or your child have been the victim of child abuse, you may be able to file a personal injury lawsuit to get financial relief for the suffering and expenses you’ve faced as a result of that abuse.

To learn more about your options for seeking justice for child abuse, get in touch with the Austin child abuse lawyers at Ramos James Law, PLLC. Our team of compassionate personal injury lawyers can help you determine what you may be owed and how to get it.

If you or your child are the victim of child abuse, talk to an Austin personal injury lawyer at Ramos James Law to learn about your options for seeking justice.

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What Compensation You Can Get With Help From an Austin Personal Injury Lawyer

Posted on Monday, December 18th, 2023 at 12:00 am    

Personal injury lawsuits serve a few different purposes: first, they’re meant to compensate victims for the suffering they’ve faced. Second, they’re meant to provide justice after a personal injury occurs. 

Personal injury compensation plays a role in both of these goals.

If you’ve suffered an Austin personal injury, keep reading to learn about what compensation you may be able to get with help from an Austin personal injury lawyer.

Compensatory Damages

Compensatory damages are meant to compensate victims for the losses and suffering they’ve faced. The harm caused by personal injuries is often complex, and personal injury compensation needs to be able to cover all of that harm, both physical and emotional. That’s why compensatory damages are split into two categories: economic and non-economic damages.

Economic Damages

Economic damages are meant to make up for the financial losses you’ve suffered as a result of an accident. This can include both current and future expenses and losses, like medical bills and lost wages. Usually, economic damages are calculated by adding up all of the losses already sustained and combining that with the estimated figure for future losses.

Non-Economic Damages

Non-economic damages are meant to make up for the non-financial harm that we face due to personal injuries. This can include pain and suffering, mental illnesses, and lost relationships. In Texas, non-economic damages are usually calculated using the multiplier method. Through this method, the total amount awarded for economic damages is multiplied by a figure between 1.5 and 5 depending on the severity of your suffering.

Because no receipt or documentation can show that you’ve suffered emotional harm, it can often be more difficult to prove non-economic damages compared to economic damages. If you feel you are owed non-economic damages, you should talk to an Austin personal injury attorney about proving your claim.

Punitive Damages

Unlike compensatory damages, punitive damages aren’t meant to compensate victims for any kind of specific loss or suffering. Instead, punitive damages are meant to punish defendants for willful and malicious harm. Punitive damages may also be applied to discourage future bad actions by the defendant.

While there is no maximum cap on punitive damages, they usually don’t exceed four times the total awarded in compensatory damages. An Austin personal injury lawyer can help you determine what you may be owed.

Get Injury Compensation With Help From an Austin Personal Injury Attorney

Proving who was responsible for your personal injury is only the first step toward getting the relief you’re owed. You’ll also need to prove what harm and losses you’ve suffered and how much that suffering is worth in dollars. This process can be a lot easier said than done.

If you’ve been involved in an Austin personal injury, don’t face the process of seeking compensation on your own. Get help from an experienced Austin personal injury attorney at Ramos James Law, PLLC.

If you’ve suffered an Austin personal injury, reach out to an experienced Austin personal injury lawyer at Ramos James Law, PLLC, for help seeking compensation.

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