If your child has been injured in an accident, you may not know what to do. Your child may have serious injuries and need long-term medical care. You may have mounting medical bills and financial obligations related to the accident. Is there any recourse? You may have the ability to file a personal injury lawsuit on behalf of your child in Texas. It’s important to speak with a lawyer to learn more about how to proceed.
Minors and Personal Injury Lawsuits
In Texas, minors can’t file personal injury lawsuits themselves. They don’t have the legal capacity to sue others. But they still have the same right to compensation for their injuries as adults. Instead, Texas law allows a parent or guardian to act as “next friend” for a minor. “Next friend” means that the parent or guardian acts on the child’s behalf to file a lawsuit. The parent or guardian typically works with a personal injury lawyer who can represent the child’s best interests in the lawsuit.
A personal injury lawsuit involving a minor and a next friend follows a very similar process to a personal injury lawsuit involving adults. However, the next friend will make significant decisions in the minor’s case, such as agreeing to a settlement or appearing in court. If the parties reach a settlement, the money may be held in a trust until the child turns eighteen. Alternatively, the parties may agree to a structured settlement, in which payments are made over time. In either case, the settlement money belongs to the child. The court may appoint a guardian ad litem (a court-appointed representative) to oversee the child’s interests during the process.
Can a Minor Wait to Sue Until They Turn Age 18?
Yes, in Texas, a minor may wait to file a personal injury lawsuit until they turn eighteen. The statute of limitations, which limits the time you have to file a lawsuit, starts when a child turns eighteen and lasts for two years. There are a few rare exceptions that could extend this time period as well. It’s very important to consult with a lawyer as early as possible to ensure that legal deadlines are met. If you’re not sure whether you can file a lawsuit, speak with a knowledgeable lawyer who can review the facts of your case.
Significant Compensation Available for Injured Minors
Children injured in accidents may have long-term medical issues affecting their health, education, future employment, and well-being. That’s why Texas law allows minors to recover past, current, and future medical expenses related to an accident. They could also recover for the potential loss of earning capacity because of the accident. Loss of earning capacity means that someone is limited from getting higher-paying jobs or raises (or cannot work at all) because of a medical condition related to an accident. Please talk to your personal injury lawyer about medical expenses related to your child’s accident and other damages that may be available.
Frequently Asked Questions
My niece (age 9) was hurt in an accident – can I file a lawsuit on her behalf?
Texas law allows parents, guardians, or other “next friends” to file personal injury lawsuits on behalf of minors. If you are a child’s guardian, foster parent, adopted parent, step-parent, or other relative, please talk to a lawyer before you go any further to ensure your rights under the law.
My friend was injured in an accident when she was 17, and she has now turned 18. What are her rights?
We encourage anyone in this situation to call our office for a free legal consultation. Someone who has now turned 18 after being injured as a minor may have only a very short time to file a personal injury lawsuit. It’s better to learn about your rights now than to wait and potentially lose the ability to sue.
We’re First to Fight for Young Accident Victims
Do you need advice about legal rights after your child was injured in an accident? At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans, including minors and their parents, trust us to fight for the compensation they deserve. We have a steadfast commitment to client service that you can depend on. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.