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What Does Texas Law Say About Personal Injury Claims Involving Minors?
Car accidents can cause injuries to minor passengers, and it’s crucial to know how to navigate the legal process of seeking compensation. Children have rights, and you must take the necessary steps to fight for them. If they suffer injuries due to someone else’s fault, they have the same right to fair compensation from the negligent party as an adult.
However, since they can’t file a claim alone, you or another adult can pursue it on their behalf. The process can be complex, but skilled personal injury lawyers in Brazoria County can guide you effectively. They can also actively advocate for your child to ensure they get the settlement they deserve.
Who Can Pursue a Personal Injury Lawsuit on Behalf of a Child?
Pearland car accident attorneys say the law in Texas has provisions for personal injury claims involving minors that are different from those affecting adults. A minor doesn’t have the legal capacity to sue the at-fault party. Therefore, an adult can stand in for them as the “next friend” to file a lawsuit.
Usually, the “next friend” is the child’s parent or guardian, but anyone can step in to represent the child. Once the case is filed, the litigation process follows the same steps as an adult’s. The difference is that the next friend or child’s representative will make significant decisions. They may testify in court and appear for a deposition.
If the child has the mental capacity to understand the witness oath, the court may allow or require them to testify. Skilled lawyers can help the child prepare for this part of the process to enhance the chances of a favorable outcome.
What Is the Process of Filing a Compensation Claim for a Minor?
The first step in filing a car accident claim for a minor is to ensure the child receives all the necessary medical treatment. Even if the injuries seem minor at first, it’s essential for a professional medical care provider to thoroughly evaluate them. Sometimes, injuries don’t show immediate signs and can develop into long-term complications if not treated.
Collecting Evidence
Once the child receives medical care, the next step is to collect the necessary evidence to support your claim. Car accident lawyers in Pearland say the following are vital pieces of evidence that can help prove your case:
- Photos of the accident scene
- Official police report of the accident
- Eyewitness testimonies
- Medical records and bills.
The more evidence you can provide, the stronger your case will be. Talk to experienced personal injury lawyers who can help you navigate the issue of preserving evidence.
Filing an Insurance Claim
Once you have the necessary evidence, the next step is to submit a claim to the at-fault’s insurance company. Demanding compensation from insurance companies can be challenging because they often try to shortchange claimants by offering less than the claim is worth. Let car accident lawyers in Brazoria file the claim on your behalf.
They know how to deal with insurance companies and will evaluate all relevant factors to ensure your child receives a fair settlement. If negotiations fail or the insurer is unwilling to cooperate, the lawyers can file a lawsuit in court to protect your child’s compensation rights.
What Compensation is Available in a Child’s Personal Injury Claim?
It’s indisputable that no amount of financial compensation can take away a child’s pain and suffering after a car accident. However, the settlement can help ensure the child receives the proper medical and life care they need as they recover from the injuries.
Pearland car accident lawyers add that you can use the compensation to cover future damages the child may suffer related to the injury. In a successful lawsuit, your child may receive the following compensation:
- Medical expenses: The damages include the full cost of the child’s medical treatment, doctor visits, medical assistive devices, prescription medication, surgery, physical therapy, and rehabilitation.
- Disability: If your child becomes disabled as a result of the accident, you can recover the estimated costs associated with the disability, such as the cost of live-in care and loss of enjoyment of life.
- Non-economic damages: The court may award damages for your child’s pain and suffering, emotional distress, mental anguish, and lost quality of life, depending on the severity of the injuries.
- Legal expenses: Your child’s personal injury lawyers will not charge fees or other costs unless they help you recover compensation. If the lawsuit is successful, the lawyers will demand the legal expenses from the defendant.
How Much Time Does a Child Have to File a Personal Injury Lawsuit?
Texas has a two-year deadline for personal injury claims involving minors. If the injury happened before the victim was 18, the law allows the deadline to be extended until the child is 18, at which point the child can file a lawsuit. There is an additional two-year deadline for them to present their case, which means the final time limit is when the victim turns 20.
While your child can wait until they’re an adult to pursue compensation for injuries they sustained as a minor, it is not advisable. The longer the period between the accident and the claim, the more challenging it can be to prove some aspects of the case, such as liability and injuries, some of which might have healed. Waiting too long can minimize the chances of obtaining compensation.
An Experienced Personal Injury Lawyer Helping You Navigate a Minor’s Personal Injury Claim
Pursuing a personal injury claim for a minor who sustains an injury in a car accident is different from a claim involving an adult. A child must have an adult representative who will make significant decisions on their behalf during the claims process. Nonetheless, a child can receive economic and non-economic benefits like an adult.
Skilled personal injury attorneys in Brazoria County can guide you through the legal procedures to help you fight for your child’s rights. The Kahn Law Firm P.C. has a knowledgeable team of car accident attorneys who can provide legal counsel and representation. Don’t let your child suffer in silence. We can help him or her rebuild their life. Call us at 713-999-6549 for a FREE consultation.
