As parents, we never want to see our children hurt. As much as we put into protecting them, we can’t always prevent the negligence of others. Thankfully, under Texas law, we are allowed to advocate for them to receive compensation for injuries.
Here’s everything you need to know about filing a lawsuit for a minor in Texas.
Who Can File for a Minor?
A minor, or a child under 18, cannot legally file a lawsuit for themselves. If a child is injured due to someone else’s negligence, a parent or guardian has two years from the injury to file a lawsuit on their behalf.
A parent or guardian is usually the one to file a lawsuit for a minor. However, virtually anyone can step in and advocate on their behalf. A “next friend” is a non-court-appointed legal adult representing a minor. They can take responsibility for filing a lawsuit for a minor, even if they are not relatives.
If the minor prefers to file for themselves, the statute of limitations can be paused until the child reaches the legal age of 18. Then, they will have until their 20th birthday to file. However, unless the child is about to turn 18, this is typically not ideal. Vital evidence of the injury can be lost or misconstrued over time, making it much harder for them to get full value for the injury.
How to File for a Minor
In a lawsuit involving a minor, there will typically be an attorney, a parent or guardian, and a guardian ad litem, a court-appointed advocate for the minor ensuring the child’s best interests are protected. Before a trial, this team of advocates will present the case in front of a judge. The judge will then decide if the settlement offer (if available) is fair. If not, the judge may decide a court hearing would be more beneficial for the child.
Once the lawsuit is officially filed, the process isn’t much different than any other personal injury case. Each side will still have the opportunity to present their case before the judge or jury. However, the team of advocates will step in to testify and make important decisions on the child’s behalf.
Occasionally, the child may be required to testify at their own hearing, but this is a rare occurrence. This typically only happens if the child is a teenager and mature enough to understand the weight of their testimony.
Who Gets the Verdict Amount?
Like any other personal injury case, attorney fees, court costs, and major medical expenses will be deducted from the verdict amount. However, parents or guardians are expected to cover certain medical treatment costs. You can request that the judge grant a certain amount of the verdict be allocated to cover medical costs, but you may not be reimbursed for every expense you put into your child’s treatment.
With the amount left over, the court is usually reluctant to release the funds to the parents and will not release the funds to a minor. The money awarded legally belongs to the minor, so the judge wants to ensure the parents are not using it for their own financial gain.
This leaves you with a few options. These are the most common.
- Investment accounts, like a higher education savings plan, will go to a specific purchase.
- Safeguard accounts are set up by the court and will be released to the minor once they turn 18.
- Structured annuity accounts are managed by the court and release a set amount of funds periodically to the child once they turn 18.
Many parents choose to have a structured annuity when there is a large sum of money involved. Typically, an 18-year-old isn’t mature enough to properly manage significant funds all at once.
The parent or guardian can have an opinion on how the money should be stored. Ultimately, though, the judge and the guardian ad litem will have the final say.
If your child has been injured, contact a qualified personal injury attorney to help get your child full value for their injury.
