What Should You Know About Filing Claims for Injuries to Minors?

If your child has been hurt because of someone else’s carelessness, figuring out how to handle the claim can be quite difficult. In Texas, the rules for these cases are set up to protect the kids, but that means these cases alsp have specific steps that can make them differ from adult claims. A personal injury attorney in San Antonio should be your first call to find out how to best protect a minor and their rights after an injury.

What to Know About San Antonio Injury Claims for Minors

The Legal Rights of Minors

Kids under 18 can’t handle legal matters on their own in Texas. That means if your child gets injured, they can’t file a lawsuit or sign off on a settlement. The law sees them as needing adult help to make those decisions, and that adult needs to be a parent, legal guardian, or sometimes another adult acting as a “next friend” appointed by the court. The purpose of these laws is to make sure the child’s interests come first, but it also adds some layers to the process.

Who Can File a Personal Injury Claim for a Child?

You, as a parent or guardian, are usually the one who will file the claim. Texas law requires an adult to act on behalf of the minor, and preference is given to those who have legal custody of the child, which is parents in most cases. If both parents are involved, they might file together, but if there’s a custody issue or no parents are available, a court-appointed guardian could also be asked to step in. What if you’re not the biological parent? Legal guardians, like grandparents with custody, can file, too.

The key is that the person filing must have the child’s best interests in mind and be ready to handle all the legal steps. Don’t wait to figure this out. If you think there’s a claim, consult a San Diego personal injury attorney quickly to find out if you should file and how to get started.

The Statute of Limitations for Minor Injury Claims

Normally in personal injury cases, Texas only gives you two years from the time of the injury (or the discovery of the injury) to bring a lawsuit, but Texas gives kids a break. For minors, the clock doesn’t start until they turn 18, and that means the child themselves has until they are 20 to file. However, if you’re filing on a child’s behalf, this can happen before age 20.

This rule is in place because kids can’t advocate for themselves. If a child is hurt and the parents or guardians don’t want to file a claim, the child shouldn’t lose out on their rights. Beyond that, because children are growing, injuries might not show their full effects until later. It might not become apparent that there are serious growth issues from a broken bone, for example, or emotional problems from trauma until a child is much older.

If you have until age 20, why file now? Filing sooner means you have access to all the evidence and might lead to a quicker and easier resolution. The longer you wait, the more evidence degrades and the witness memories fade. Talk to a lawyer and your child’s doctor about whether it’s best to file or wait in your child’s case.

The Process of Filing a Claim

Starting a claim begins with notifying the at-fault party or their insurance company. You’ll detail the injury, how it happened, and what damages you’re seeking, and your lawyer will help you do all this properly. If your child was injured in a car accident, for example, you’d contact the driver’s insurer. From there, negotiations will usually happen, or you could end up in court.

For minors, the process involves more court oversight than in an adult case. You’ll need to prove the injury’s impact, and even if the insurance company is willing to settle, you can’t just sign the settlement like you would if you were the one injured. Court approval is required to protect the child from an unfair deal. The court will also be overseeing the distribution of funds to ensure that bills are paid and that money supposed to be for the child’s own suffering isn’t taken by unscrupulous adults.

Common Types of Minor Injury Claims

Injuries to kids happen in all sorts of ways, but some tend to show up more often than others. Car accidents are a major source of injury claims, as are playground mishaps, like falls from equipment that wasn’t properly designed or maintained. Dog bites are another common issue, and Texas has strict liability laws for dog owners if the dog has any history of aggression. Birth injuries from medical errors can result in expensive lifelong needs and are another reason to bring an injury claim.

Then there are daycare or school incidents, which can include not only accidents but also abuse or neglect, which bring a child emotional harm in addition to the physical suffering they endure. Sports injuries, like sprains or TBIs from football, are frequent, too, when it can be shown that the children were not being properly protected or supervised. Finally, there are product defects, like faulty toys or cribs that can cause cuts or choking.

What Compensation Can You Expect?

Compensation is meant to make up for the harm that’s been done and usually includes reimbursement for all medical expenses, including past, current, and future treatments, surgeries, and rehab. When children are involved, future treatments are often more important to consider since sometimes children can’t have surgery until they reach a certain age or require extra interventions because they’re still growing.

Then, there’s the compensation the children should receive for their physical discomfort and emotional distress, and lost for opportunities. Compensation will also take parental losses into account, such as if you’ve had to take time off from work to care for your child. Typically, compensation goes to parents only for carefully documented expenses, which a lawyer can help you show. Everything else goes to the child themselves in a higher education savings plan, annuity, interest-bearing bank account in their name, money market fund, or it remains under the control of the clerk of the court, who can release funds as the court directs.

Court Approval and “Friendly Suits”

Any settlement for a minor needs a judge’s okay in Texas, and this happens through what’s known as a “friendly suit,” where you file a petition outlining the deal you’re agreeing to for your child. The court checks if it’s fair, considering the injury, costs, and child’s future. At a hearing, your lawyer will present the evidence, and the judge might appoint a guardian ad litem to review the settlement independently in the child’s name.

Structured Settlements for Minors

Often, the courts prefer to approve structured settlements for kids. This means payments come over time, like in annuities that start paying out when the child is 18 to cover college or living costs. All this is tax-free and grows safely, and the point isn’t just to protect the child’s settlement from adults but also to keep them from spending it all at once when they turn 18.

There can be many challenges in filing a claim for a minor, and it’s important to talk with an attorney quickly. Reach out to the Gamez Law Firm in San Antonio, Laredo, McAllen, Austin, or Houston today to set up a free consultation.