When Should You File a Personal Injury Child Abuse Lawsuit?

February 16th, 2024

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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