No one ever wants to see their kid get hurt. So if your child was bitten by a dog in Sharpstown, Houston, you deserve answers. Special rules apply to personal injury claims involving children. As a dog bite attorney in Sharpstown, Ryan Nguyen can help you understand those rules and pursue compensation for your child’s injuries.
After a dog attack, your first concern is getting your child the care they need. But you may also wonder who is responsible and what your family can do. You deserve to understand your options without figuring everything out on your own. Ryan Nguyen wants to help you seek justice for your child.
What Changes When the Victim Is a Child?
What’s different about personal injury claims when a child is bitten?
An adult brings the lawsuit on the child’s behalf. A parent or legal guardian can generally pursue the child’s lawsuit. If the child has no legal guardian authorized to sue on their behalf in Texas, an appropriate adult may act as the child’s next friend. This is the legal term for someone who pursues a lawsuit on behalf of an individual who cannot legally do so independently.
Settlements require additional protection. Under Texas Rule of Civil Procedure 44, a next friend needs court approval to settle the child’s lawsuit. The court may also appoint a guardian ad litem, an independent adviser to the court, to protect the child’s interests. However, it does not automatically appoint one in every case.
A child’s claim has longer filing deadlines. Texas generally pauses the limitation period while the injured person is under 18. For an ordinary dog bite personal injury claim, that means the child has until their 20th birthday to seek compensation for harms such as physical pain, mental anguish, disfigurement, and certain future losses. Those damages belong to the child even when the parent brings the lawsuit on their behalf.
Even though these deadlines extend into adulthood, you don’t need to wait to file a claim on your child’s behalf.
Parents also have their own separate right to recover medical expenses they paid to treat their child’s injuries before the child turns 18. However, these claims may still have a two-year deadline from the attack. The child’s extended deadline does not automatically apply to the parents’ claim.
What Does Not Change When the Victim Is a Child?
While the claims process changes in key ways when a child is the victim, some aspects of a claim remain the same regardless of the victim’s age.
For instance, the child’s age does not automatically make the owner liable. Texas follows what is commonly called the “one-bite rule,” but that does not mean a dog gets one free bite before its owner can be held responsible. A claim may rely on evidence that the owner knew or had reason to know the dog had dangerous tendencies.
A previous bite can help establish that knowledge, but other aggressive behavior, such as prior attempts to attack someone, may also support the claim. Separately, an owner may be liable if negligent handling or restraint caused the injury, even without a previous bite or known dangerous tendencies.
Houston’s bite-reporting requirement also applies regardless of the victim’s age. The city directs people to call 311 to report animal bites to Houston’s BARC animal enforcement team.
Dog Bite Attorney in Sharpstown: What To Do After a Child Is Bitten
After a dog bites your child, taking the right steps after the injury can help keep your child safe.
- Get your child to safety.
- Wash the wound with soap and water.
- Seek prompt medical attention if the bite breaks the skin.
- Call 911 for severe bleeding that does not stop.
- Report the bite to the City of Houston by calling 311.
Once your child is safe and their immediate injuries are stable, contact a dog bite attorney in Sharpstown, like Ryan Nguyen, to discuss next steps. Ryan can clarify the claims process and help you seek the compensation you and your child deserve.
Book a Free Consultation With a Dog Bite Attorney in Sharpstown
When a dog bites your child because its owner failed to secure it, the resulting personal injury claim involves different considerations. As a dog bite attorney in Sharpstown, Ryan Nguyen will help you navigate your claim after a dog bites your child.
You should be able to focus on your child’s recovery without having to figure out the legal process alone. Ryan can review what happened and help you understand what compensation may be available for your child’s injuries. Book a free consultation with Ryan Nguyen to discuss what happened and how he can help.
