How Do Lawsuits Against Daycare Providers Work?
At your child has been injured at a daycare center, you wonder what you can do about it? We have been helping Houston families soon daycare centers for over three decades. Here is what you need to know about lawsuits against daycare centers. Lawsuits against daycare centers are identical to other personal injury lawsuits in Texas. The exception comes for when the case is settled. Upon settlement, the lawsuit procedure invokes specific actions taken to protect the minor.
The damages are the children’s
Texas courts take extraordinary steps to protect the interest of an injured child. The rationale for the law in Texas is that a child is too young to protect their own interests, so the judge oversees the settlement to make sure it represents the real interests of the child. If this case is settled, a hearing will be set in front of a judge. The judge will appoint an independent attorney paid for by the defendants to advise the court on the fairness of the settlement relative to the minor’s interests.
What is ad litem?
Ad litem is an attorney with one role in a child injury lawsuit. That role is to protect the children’s interests by advising the judge of their feelings regarding the fairness of the settlement. Typically, the lawyers are trained specially for dealing with minors and incompetent’s interests.
Ad litem will meet with the family, review the medical records, and the allegations and other relevant material. The ad litem will speak with the attorney for the family, determine the fairness to the child.
What happens to the money?
There are two popular options for handling the child’s personal injury damages. Those options are:
deposit the money into the registry of the court.
If the money is deposited into the registry of the court, the funds will remain in the court’s bank account in the name of the child until the child reaches 18. Upon turning 18, the child can go to the district clerk and provide evidence of who they are and obtain a check for their settlement money.
The benefit of this choice is that it is the script straight and straightforward up procedure. Often, this is an avenue selected when the proceeds are relatively minor. The downside of this arrangement is that the interest accruing is small, and the money goes to an 18-year-old who may not have the maturity to save the money. There’s a high chance that the child would get the money and blow it.
Purchase an annuity.
Purchasing an annuity is buying an insurance policy for the child that pays specific amounts of money at predetermined dates. There are several benefits to choosing an annuity for the child settlement money. The first benefit is it pays a higher rate of return than depositing into the registry of the court. The parents and the ad litem can agree upon how the money is paid off over time. An annuity keeps an 18-year-old child from having access to a large sum of money when they were 18 years old. This choice also gives very flexible options for payment. One popular payment plan includes funds for college and then lump sums at specified years and over time. However, the money can be paid out in about any way that the family wants.
How long do daycare lawsuits last?
Most lawsuits against daycare centers in Houston settle. But when the injuries are significant, a lawsuit is usually required to obtain fair compensation for the child. Personal injury lawsuits in Harris County can last for two or more years. Most are resolved before then. If the case is settled before litigation, funding will still take at least two months due to the necessity of filing a lawsuit and going through the procedure with the ad litem set forth above.
If your child was injured at a daycare center, contact our daycare injury lawyers at Baumgartner Law Firm. Call 281-587-1111.