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May 6, 2021 by Greg
There is nothing more difficult for a parent than dealing with an injury to their child. All of us with children probably went to the emergency room when an unfortunate accident occurred and know the helpless feeling of your child being hurt.
Children get hurt, but it is tough to accept when some third party injures your child through their negligence or gross neglect. We have protected children’s rights after an injury accident for over three decades and handled hundreds of lawsuits against daycare providers.
This article covers the basics of a minor’s personal injury claim in Texas, including the unique challenges and legal requirements of an injury settlement.
In Texas, a minor is defined as an individual under 18. This definition is crucial in determining the legal processes and requirements surrounding personal injury settlements for minors. According to the Texas Family Code, a minor is considered a person who has not yet reached the age of majority, which is 18 years old. This definition plays a significant role in the handling of personal injury settlements, as minors are not legally permitted to enter into contracts or make decisions regarding their settlement funds without the involvement of a legal guardian or court approval.
Personal injury claims of children under 18 in Texas are handled differently from personal injury cases of adults. Because a minor does not have the legal capacity to sue or be sued, personal injury litigation comes in the form of an adult “standing in” for the injured minor as “next friend.”
Usually, this is one or more of the injured child’s parents. However, if a parent cannot do so, anyone may stand in as a “next friend” for an injured child. It is important to note that the information provided here does not establish an attorney-client relationship. Readers should consult an attorney before taking any action based on this information.
In Texas, a parent or legal guardian can file a personal injury claim for a minor child. This is typically done when the minor has been injured due to someone else’s negligence or wrongdoing. The parent or legal guardian acts as the representative of the minor, making decisions regarding the settlement and ensuring that the minor’s best interests are protected. In some cases, a court-appointed guardian ad litem may also be involved in the process to ensure that the minor’s rights are represented.
If a minor’s injury claim is settled, the defendant’s counsel usually requires a hearing in front of the judge in the court where the lawsuit is filed. The court will appoint an attorney to represent the interests of the minor.
That lawyer is called an “ad litem” and advises the judge whether the settlement terms are in the child’s best interest. Any child injury settlement must receive approval from the appropriate court. This involves filing a petition for court approval, regardless of whether a lawsuit was filed.
The defendant customarily pays the cost of the attorney to represent the minor’s interests at the hearing.
An “ad litem” is a lawyer picked by the judge, in addition to the attorney who handled the case on behalf of the injured minor and the family. In a court hearing, the judge approves the decisions made on behalf of the child. This includes the settlement and determining how the funds will be kept for the minor.
A Minor Settlement Hearing is a crucial legal proceeding designed to evaluate and approve or disapprove the settlement of a personal injury case known as a personal injury settlement on behalf of a minor under 18. In these situations, the law recognizes that minors are not considered to have the legal capacity to make decisions on their own. Therefore, the purpose of a Minor Settlement Hearing is to ensure that the settlement reached is fair and in the minor’s best interests.
During this non-adversarial hearing, an appointed attorney called an “ad litem” plays a crucial role in advocating for the rights and well-being of the child. The judge selects this attorney and works with the lawyer who handled the case on behalf of the injured minor and their family. The ad litem attorney ensures that the settlement and other decisions made on behalf of the child are just and equitable. They also assist in determining how the funds from the settlement will be managed and preserved for the minor’s future needs.
The Minor Settlement Hearing is typically a brief proceeding, usually lasting only 10 minutes, as all parties involved should have already agreed on the decisions. However, creating a comprehensive record of the case is essential; therefore, testimony may be taken during the hearing. To adequately prepare for the hearing, your attorney will review the questions with you beforehand, ensuring you understand the process and are ready to provide any necessary information.
Once the judge reviews and approves the settlement, all parties involved, including the minor, their representative, legal counsel, the attorney for the settling party, and the court, will sign a release document. This signifies the finalization of the settlement and ensures that the agreed-upon terms are legally binding.
In summary, a Minor Settlement Hearing is a vital legal process that safeguards the rights and interests of minors involved in personal injury cases. It involves appointing an ad litem attorney, who works alongside the minor’s legal representative, to ensure fairness throughout the proceedings. The court aims to protect the minor’s well-being and secure their future needs by thoroughly examining the settlement and determining how the funds will be managed.
Minor settlement hearings are required for several reasons:
In summary, minor settlement hearings are required to protect the minor’s best interests, establish a comprehensive record, and safeguard the settlement funds until the minor is of legal age.
A guardian ad litem is a person appointed by the court to represent the interests of a minor in a personal injury case. The guardian ad litem is responsible for evaluating the settlement and ensuring that it is in the minor’s best interests. They may also be involved in making decisions regarding the management of the settlement funds, such as investing the funds or allocating them for specific expenses. The guardian ad litem is crucial in protecting the minor’s rights and ensuring that their interests are represented throughout the settlement process.
When a minor’s personal injury claim is funded, it usually takes one of two forms. Either the money is placed in the court registry in a lump sum to be paid to the minor when the minor turns 18, or the settlement funds are used to purchase an insurance policy called an annuity, which is also called a structured settlement and can be paid out at various times after the child becomes of age.
Parents can have substantial input on whether the money is placed in the registry of the court or an annuity insurance policy is purchased. Annuities benefit from being more flexible and paying and do not usually wholly fund the money when the minor turns 18.
Based on our three decades of experience as daycare negligence lawyers, minors are usually not very good at shepherding their money when they are still teenagers. For this reason, many people choose the annuity route that allows a more extended payout after the children become more experienced.
Some structured settlements or annuities fund college and provide monthly payments during the college years. Others can be used to pay when the child gets older, such as when the child is 30 or even 40. For larger settlements, the benefits are not uncommon to become lifetime benefits at specific stages of life.
One area of concern for many parents is the individual damages when their child is injured (missed work, etc.)
Some Harris County, Texas courts see the obligation to provide for a child as a parent’s legal responsibility. Many courts are reluctant to reimburse the parents for out-of-pocket medical expenses from a child’s settlement.
But liens like a hospital lien must usually be paid out of any settlement proceeds. However, how the money is handled is up to the judge in the case.
In short, the settlement funds for an injured minor in Texas will generally belong to the minor and not the parent and the court makes a great effort to protect the child’s interests.
If your child has been seriously injured in an accident caused by another, such as a car accident, daycare injury, or other accident. In that case, you should consider contacting an experienced child injury lawyer immediately after the event.
Documenting the injuries during recovery through photographs or video is also essential. Early investigation can sometimes pay dividends when the conduct of a third party is in question regarding causing an accident.
Our daycare accident attorneys are located in Houston and have been trusted to protect the rights of injured children for over 35 years. Let us help your family!
Contact Baumgartner Law Firm for a free consultation about your child’s injury case.
If you liked this article, you might also like these:
How do Lawsuits Against Daycare Providers Work?
What You Need to Know About Pre-Injury Waivers of Children’s Claims in Texas
What You Need to Know About Children Injured in Fitness Centers
What You Need to Know About Scalding Burns
Challenges of Proving Negligence in Daycare Injury Claims
When Should I Hire a Child Injury Lawyer?
Can I bring a Personal Injury Claim on Behalf of a Child in Texas?
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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