





Texas courts take extraordinary steps to protect the interests 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 ensure it represents the childโs real interests. A hearing will be set before a judge if the case is settled.
The judge will appoint an independent attorney called an ad litem, paid for by theย defendants, to advise the court on the settlementโs fairness relative to the minorโs interests.
Our Houston daycare injury lawyers have secured the maximum damages in daycare cases for over 3 decades. In over 35 years, we have never lost a daycare injury case. If you want to bring a lawsuit for a child, call us. Donโt settle for less. Get the best!
Ad litem is an attorney with one role in a child injury lawsuit. That role protects childrenโs interests by advising the judge of their views on the settlementโs fairness. Lawyers are typically trained to deal with minorsโ and incompetentsโ interests.
Ad litem will meet with the family and theย daycare negligence attorney and review the medical records, the allegations, and other relevant material. The ad litem will speak with the familyโs attorney and determine whether the arrangement is in the childโs best interests.
There are two popular options for handling the childโs personal injury damages. Those options are:
1. Deposit the money into the registry of the court.
If the money is deposited into the court registry, the funds will remain in the courtโs bank account in the childโs name until the child reaches 18. Upon turning 18, the child can go to the district clerk, provide evidence of who they are, and obtain a check for their settlement money.
The benefit of this choice is that it is a straightforward procedure. Often, this avenue is 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 it. Thereโs a high chance that the child would get the money and blow it.
2.Purchase an annuity.
Anย annuityย isย an insurance policy for the child that pays specific amounts of money at predetermined dates. There are several benefits to choosing anย annuity for child settlementย money. The first benefit is that it pays a higher rate of return than depositing the money into the courtโs registry.
The parents and the ad litem can agree upon how the money is paid off over time. An annuity prevents an 18-year-old child from having access to a large sum of money when they are 18. 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 any way the family wants.
It is up to the attorney you hire to prove the daycare facilityโs fault. Fault or negligence can be provenย by showing the center violated a rule orย regulationย or acted unreasonably in the care of your child.
Failure to closely supervise is a common method our daycare injury lawyers use to prove fault.
Also, the daycare may have been negligent and grossly neglectful in some cases, leading to aย punitive damage claim. If your child was hurt at a daycare center in Texas, call our experienced attorneys for a free consultation. Callย (281) 587-1111!
Cases that settle early can be funded within three months of settlement. The money is usually either deposited with the court when the child turns 18 or used to purchase an annuity for later payment to the child. The delay is in filing a friendly lawsuit and appointing an ad litem as outlined above. Cases involving severe injury can take much longer and almost always involve a lawsuit to get fair compensation for your child.
Mostย lawsuits against daycareย centers in Houston settle. However, when the injuries are significant, a lawsuit is usually required to obtain fair compensation for the child.ย Personal injuryย lawsuits in Harris County can lastย for two or more years. Most are resolved before then.
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Houston personal injury attorney Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Baumgartner Law Firm limits our law practice to serious personal injury and fatal accident cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.
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