Houston Child Injury Attorney

Texas law requires another party to represent the child. Individuals 18 and younger can’t file injury claims or settle lawsuits. A competent adult, known as a next friend, must file on the child’s behalf. A next friend is a qualified adult who represents a minor child who can’t legally represent themselves in court.

Next friends are typically:

• One parent
• Both parents
• A legal guardian
• A court-appointed lawyer

However, nearly anyone can stand in to be your child’s next friend. Keep in mind that some Texas courts will appoint a Guardian Ad Litem (GAL) to represent a child’s best interests in court, even though their next friend represents their case.

Sometimes, children can suffer injuries from defective toys, clothing, furniture, playground equipment, bikes, scooters, baby products, and other consumer items. Often, these are viable defective product cases. This means that the product was either designed wrong, manufactured wrong, advertised wrong, or lacked proper safety warnings. Just because you don’t know exactly what was wrong with the product or who is to blame doesn’t mean you don’t have a child injury case. If a product injures your child, save the product if you can and contact an experienced Houston child injury lawyer as soon as possible. They can help you investigate what happened and who might be liable for your child’s injuries.

The settlement funds for an injured minor in the state of Texas will usually belong to the minor and not their parents. Texas courts make great efforts to protect the child’s interest.
Until the child reaches the age of 18 (or is emancipated before that), they can’t personally receive the money. However, in some extraordinary circumstances, courts have the discretion to release some of the money before that time. Here is what generally happens to a minor’s settlement:

Registry of the Court

Suppose the settlement is small, typically under $10,000 or so. In that case, setting up an annuity is cost-prohibitive, as the expense outweighs the advantages. In these cases, the defendants deposit the money into the registry of the court, which is basically a secure bank account. The settlement funds belong to the minor, and the parents cannot spend them unless the court makes an unusual exception. Even still, the child’s parents have a legal obligation to support their children. They can’t use that money for living expenses. The money will accrue interest in the bank account. Once the child reaches the age of 18, they can bring proof of age to the county’s accounting department and withdraw their funds. Alternatively, at the age of 18, the child can otherwise file suit against the at-fault party for damages. This is an option since the statute of limitations tolls until the child’s 18th birthday.

Structured Settlement

If the settlement is larger, it’s best to hire an annuity broker specializing in personal injury cases. They can quote different options for how the funds can grow and be distributed at the best times for the child. One prevalent choice is referred to as “the college plan.” This plan divides the payments equally over four years, either annually, semi-annually, or monthly. Parents may not want their child to get their money until a later age. Parents, the Houston child injury attorney, and the guardian ad litem can make these arrangements. Larger settlements may become lifetime benefits at specific stages of life. A broker will only invest the money with a top-rated national financial institution. The interest rate will be higher than it is with the registry of the court. Another advantage is that the principal and interest will be received tax-free, although the broker will receive a small fee. Parents cannot place their money in the stock market or other risky investments. One area of concern for many Texas parents is what happens to their individual damages when their child suffers injuries—for example, their lost wages from missing work to care for their child. Texas courts seem to view a parent's obligation as coming with the territory. However, many courts are even disinclined to reimburse the parents for out-of-pocket medical expenses from a child’s settlement. The judge gets the final say in how to handle the money in the case, except that any settlement proceeds must pay hospital liens.

In personal injury cases involving injured children, the judge appoints an attorney to serve as the guardian ad litem (meaning duration of the case in Latin). They work for the court and not the parent or their Houston child injury attorney. Their job is to represent the child and advise the court whether the insurance company’s settlement is fair and in the child’s best interest. The guardian ad litem (GAL) has the legal duty to investigate the claim and draft a report to the judge. Typically, this involves the GAL meeting and talking to the parents and the other attorneys involved by phone to understand the case details.

The GAL will then study and take into consideration:

• The police report
• Photographs
• Bills
• Records
• Liens

The court must approve settlements involving a minor’s injury claim. The court must hold a hearing to consider all relevant evidence about the settlement before it can approve it. These requirements protect the minor’s interests and ensure a fair settlement. In general, the court needs to make sure that:

• The full settlement amount is appropriate, considering the nature and severity of the minor child’s injuries.
• The minor received appropriate medical evaluations and treatment for their injuries to prevent the possibility that other undiagnosed injuries directly related to their claim are not factors in the settlement.
• The settlement’s distribution between the minor and their parent, guardian, or next friend is fair to the minor child.
• The Houston child injury attorney isn’t charging an excessive fee for representing the minor.

In most child injury cases, children are legally entitled to seek compensation for the same types of damages as injured adults. In addition, children can recover compensation for economic or special damages and non-economic or general damages.

Economic damages a child or their parents might be entitled to receive include:

• Reimbursement for medical expenses, including hospitalizations, surgeries, medications, therapies, and specialist care
• Compensation for future medical expenses or personal care
• Compensation for future decreases in earning potential or loss of income

Non-economic damages in child injury cases might include:

• Scarring and disfigurement
• Disability and permanent impairment
• Physical, emotional, and mental pain and suffering
• Psychological injuries, including depression, post-traumatic stress disorder (PTSD), anxiety disorders, and fear
• Loss of quality of life or enjoyment of life

The child’s parents or guardians might also obtain compensation for their lost income and wages if they had to take time off work to care for their child. In the tragic event of a death, the parents may also recover wrongful death benefits.