Filing A Personal Injury Claim On Behalf Of A Minor

According to the CDC Childhood Injury Report, each year more than 12,000 children between the ages of 0 and 19 die from unintentional injuries, and more than 9.2 million receive emergency medical care for non-fatal injuries. The statistics show that the most common injuries to children include things such as falls, animals attacks, and motor vehicle occupant injuries. However, children are also vulnerable to physical, emotional and sexual abuse; medical malpractice; defective and/or dangerous toys; and many other types of injury due to the malice or neglect of a third party.

If your child or loved one has been injured as a result of the negligence of another party, he or she may be entitled to compensation. However, children cannot seek legal representation and bring a lawsuit against the negligent parties, instead they need the help of their parents or legal guardians.

As the child’s parent or legal guardian, it is your obligation to assist the child in seeking legal representation and file a lawsuit on their behalf to obtain compensation for:

• Medical expenses (past and future)
• Loss of future income/earning capacity
• Pain and suffering
• Emotional distress

Exceptions to the Statute of Limitations

In Texas, the statute of limitations for a personal injury case is two years from the date of injury. However, under some circumstances, including cases involving minors, the time limit is extended. The statute of limitations for the personal injury claims of a minor child may be extended until the child turns 18 years old or is otherwise “emancipated” (legally deemed an adult). The child then has two years from that date forward to file a lawsuit and preserve the statute of limitations. The whole area of statute of limitations is constantly undergoing change. It is best to consult an attorney for advice and information in this regard.

Claims that belong to the parents are not subject to the extended statute of limitations of minors. This includes things such as claims for medical expenses of the minor. This is because, under Texas law, parents have a legal duty to provide for the medical care of their children. If the child receives medical treatment for any injury while they are still a minor, then funds awarded for those medical bills constitute a claim that belongs to the parents because minors can’t incur debt.

The child’s claims include those which are personal to the child, such as pain and suffering, mental anguish, scarring, disfigurement, physical impairment, etc. They may be brought by the parents on behalf of the child at any time while the child is still a minor, or they may be brought by the child within two years after the child is legally deemed an adult.

What Happens to the Money Awarded?

The money your child will net from the settlement cannot be (continue reading...)