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May 16, 2023 by Greg Baumgartner
In Texas, if a child has been injured due to the negligence of another person or entity, it may be possible for a parent or legal guardian to bring a personal injury claim on behalf of the child. However, certain factors must be considered before pursuing such a claim.
There are many situations where an accident occurs, and another person is negligent for causing injury to a child. The following are a few of the types of accidents that we routinely see in personal injury cases brought on behalf of children in Texas.
A vital factor to consider is who can bring the claim on behalf of the child. In Texas, a parent or legal guardian may file a personal injury claim on behalf of their child. Another adult may be able to bring the action for the child as a “next friend.”
However, it’s important to note that any settlement or award obtained in the claim belongs to the child, not the parent or guardian or next friend, which means that the funds must be used for the child’s benefit and not for the parent or guardian’s personal use.
Hire an experienced child injury lawyer to help you with your child’s injury.
Pursuing a personal injury claim involves legal representation, expert consultations, and case preparation. Most child injury lawyers operate on a contingency fee basis, meaning legal fees are only paid if compensation is recovered. Additionally, a settlement or court award may include reimbursement for legal expenses, including court filing fees, expert witness costs, and deposition fees.
The child injury lawyers at Baumgartner Law Firm take the representation of children personally. We do not require upfront payment or advance payment for all case costs. We reduce fees for helping hurt children and often cap the fee at 1/3 or less of the recovery obtained.
When a child suffers an injury due to another party’s negligence, pursuing a personal injury claim can secure the financial resources necessary to address immediate and long-term consequences. Compensation is crucial in ensuring your child receives appropriate care, rehabilitation, and support. Below, we outline the types of compensation that may be available in a child’s personal injury claim.
Recovering compensation for medical expenses is essential to cover the costs associated with your child’s treatment. Expenses incurred immediately after the injury and any anticipated future costs. Examples of recoverable medical expenses include:
Properly calculating these expenses requires proof from medical professionals to estimate future treatment costs based on the severity of the injury.
In cases where the injury leaves the child permanently disabled, compensation can account for the profound impact on their future. These damages may include:
Establishing the financial impact of a disability typically involves input from vocational experts, economists, and medical specialists.
Non-economic damages address the intangible consequences of an injury, such as:
While these damages do not have a direct financial value, they are vital in recognizing the profound emotional and psychological toll an injury can have on a child and their family.
A child injury claim requires extensive legal expertise. Working with an experienced child injury lawyer ensures that all aspects of your claim, from calculating damages to addressing legal obligations, are handled precisely. Getting the best child injury lawyer in Houston maximizes the compensation available for your child’s recovery and long-term well-being.
An Ad litem in Texas is a person appointed by the court to represent the interests of someone unable to do so themselves, such as a child or incapacitated adult, in a legal proceeding.
The ad litem serves as the voice of the child. They are retained by the court to protect and are advocates for their best interests.
An Ad Litem can conduct investigations, make recommendations to the court, and present evidence on behalf of the child. The ad litem is typically an attorney.
A friendly lawsuit is a situation where a child’s personal injury claim has been settled, and the parties to the settlement file a lawsuit to have the settlement approved by the court.
Because a minor cannot legally sign a contract, the court’s approval binds the child and protects the defendant. With a friendly suit, the ad litem is appointed by the judge and ensures the settlement is in the child’s best interests.
In Texas, compensation awarded in a child’s injury settlement is subject to specific rules. Courts often appoint a guardian ad litem to ensure the settlement is in the child’s best interests. The settlement may also require approval through a minor settlement hearing. Funds from the settlement are often placed in a trust or restricted account to safeguard the child’s financial future, with access typically granted when the child turns 18.
While compensation primarily focuses on the child’s needs, some courts in Texas may limit the reimbursement of parental expenses, such as out-of-pocket medical costs. However, hospital liens are usually prioritized and must be paid out of settlement proceeds. Understanding these nuances is crucial to ensure proper financial planning for your family’s future.
In Texas, two general avenues exist for keeping the money recovered for children’s injuries available to them after they become adults.
Depositing settlement money in the court registry in the county of the lawsuit is often used with smaller settlement amounts.
When their child turns 18, they can go to court and get their money out of the trust account for the court. The advantage of this avenue is that it is very safe. The disadvantage is that the interest rate is minimal. For smaller settlements, the compensation to the child is often placed into the court’s registry.
Alternatively, for larger settlements, an annuity or structured settlement is an insurance policy purchased for the benefit of the child to pay money to the child at designated periods after the child turns 18.
The benefits of this approach are that it is relatively safe, and the annuity can be structured in many ways that prevent an 18-year-old from suddenly having a large amount of cash they would typically blow.
Parents often structure the insurance payments to be monthly during college and more significant amounts at specified periods, like 25 or 30 years old.
In some child injury cases we have handled, the child will receive lifetime payments from the insurance policies.
It’s important to understand that the statute of limitations for personal injury claims in Texas is two years from the date of the injury. Any claim must be filed within this time frame or will likely be barred.
However, there is an exception to this rule for minors. If a child is under 18 at the time of the injury to the child, the statute of limitations is tolled, or paused, until the child turns 18. Tolling means the child has until their 20th birthday to file a lawsuit for a personal injury.
While the time limit for filing a claim can be longer for minors, it is still important to act quickly. This is because evidence may become more difficult to gather as time passes, and witness memories may fade. The time limits for injury cases may be paused. However, the medical bills paid by the parents still follow the two-year limit.
Additionally, the longer one waits to file a claim, the longer it may take to resolve the case and obtain compensation for the child. Do not delay. Call the best child injury lawyer near me.
Our attorney in Houston has protected the rights of children injured in accidents for over three decades. Call us for a FREE consultation on an injury claim at (281) 587-1111 or complete the case evaluation request.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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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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