Injury to a child is one of the most egregious offenses in Texas. Although it is an unbelievable offense it happens far too often in Texas and the consequences can vary from probation to 5-99 years imprisonment with the possibility of parole. These punishments are the consequences of causing serious bodily injury to a child knowingly or intentionally. A child injury attorney can help to prove that your child was injured due to the negligence of another party.
Types of Injuries
Children are curious and can be rambunctious at times. This can lead to common injuries at home such as:
- Small burns
- Skin abrasions
- Fingers caught in doorways
- Swallowing foreign objects
- Bicycle falls
Most of these types of injuries can be treated using a first aid kit and do not require further medical treatment. Accidents happen and typically you would not need legal representation during these circumstances. However, more serious injuries caused by the lack of care either during a car accident, at a child care facility, or even a hospital will require a consultation with a child injury attorney. Defining these types of injuries is not as simple as the aforementioned ones. Instead, the state uses types of harm caused to determine the appropriate course of action. There are three to keep in mind:
- Bodily injury: As simple as causing pain, illness, or impairment
- Serious bodily injury: Harm that puts a child at risk of death or causes loss of limb or physical impairment.
- Serious mental deficiency, impairment, or injury: This is considered psychological or emotional harm.
Charges in Texas
All charges of injury to a child are considered felonies. There will be four possible categories the negligent party can face:
- First degree: Penal Code 1.07 distinguishes a first-degree child injury as conduct which intentionally or knowingly causes serious bodily injury, impairment, or serious mental deficiency. Sentences can range from probation or 5-99 years.
- Second degree: This is when the negligent party was found to have been reckless in their conduct leading to the child injury. Sentences can range from probation or 2-20 years.
- Third degree: If the injuries sustained were not considered to be serious but the negligent party is found to have committed the act of injuring the child intentionally. Sentences can range from probation or 2-10 years of imprisonment.
- State jail: In certain instances, an act of recklessness that leads to specific injuries a state jail charge can be issued. Sentences are complex with this charge and a child injury attorney can help determine the best route to take.
The state is determined to protect all children in Texas. Your child’s safety is of the utmost importance, and when the actions of another put them in harm’s way or even worse cause them permanent disfigurement or death, they should be held accountable for their actions.
Getting Legal Help from an Experienced Child Injury Attorney
When the unthinkable happens and your child is injured due to the negligence of others you will need to contact a child injury attorney from Thomas J. Henry at 866-517-5659 to schedule a consultation and discuss your options. We will fight to protect the rights of your child so you obtain the compensation needed to care for their injuries.