At the Hollingsworth Law Firm, our Houston attorneys fully recognize that Texas personal injury claims involving minors are treated differently than those involving adults.
Parents and guardians also play a crucial role in representing the minor’s interests throughout the legal process. Here, our Harris County personal injury lawyers explain the nuances of handling minor claims and how they are designed to protect their rights and interests.
Common Texas Personal Injury Claims Involving Minors
Unfortunately, our dedicated personal injury attorneys know that adults are not the only ones whose lives are impacted by negligence in Texas.
In fact, the Texas summer months see an increase in childhood injuries and fatalities, including those involving:
- Car Accidents: Minors involved in car accidents as passengers or pedestrians, can sustain serious injuries.
- Bicycle Accidents: Children riding bicycles are particularly vulnerable to accidents involving motor vehicles or hazards on the road.
- School and Daycare Injuries: Injuries occurring at schools or daycares due to inadequate supervision, unsafe playground equipment, or other negligent conditions can lead to personal injury claims.
- Playground Accidents: Minors are commonly injured by poorly maintained or defective playground equipment and inadequate supervision.
- Dog Bites and Animal Attacks: Children are frequently victims of dog bites and other animal attacks.
- Defective Products: Injuries caused by defective toys, car seats, cribs, or other children’s products can lead to product liability claims against manufacturers, distributors, or retailers.
- Swimming Pool Accidents: Drownings or near-drownings in swimming pools due to lack of supervision, inadequate fencing, or improper maintenance are tragically common and lead to significant personal injury claims.
- Premises Liability: Slip and fall accidents and other injuries on someone else’s property can result in premises liability claims.
Each type of claim requires careful consideration of the unique legal protections for minors, including extended statutes of limitations and the need for court approval of settlements. Working with our experienced personal injury attorneys in Houston can help ensure that the rights and best interests of the minor are fully protected throughout the legal process, starting with a free consultation.
Who Can File a Personal Injury Claim On Behalf of a Minor in Texas?
Since minors cannot legally file lawsuits on their own, a parent or legal guardian must file a personal injury claim on behalf of the minor. The parent or guardian represents the minor’s best interests and is responsible for making legal decisions related to the claim.
How Long Does a Minor Have to File a Personal Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, the statute of limitations is tolled or paused for minors until they turn 18 if a parent or guardian has not filed a claim. This means that the two-year period does not start until the minor reaches the age of majority. Therefore, a minor has until their 20th birthday to file a personal injury claim.
How Are Texas Personal Injury Claim Settlements for Minors Paid?
In many cases, settlements for minors are structured to provide periodic payments over time rather than a lump sum. This approach ensures that the funds are available for the minor’s long-term needs, such as medical expenses, education, and general welfare. Trusts or custodial accounts are often established to manage the settlement funds until the minor reaches adulthood.
Any settlement involving a minor must be approved by a court to ensure that it is fair and in the minor’s best interests. This judicial oversight helps protect minors from potentially inadequate or unfair settlements. The court will review the settlement terms, including how the funds will be managed and used.
Personal injury claims involving minors in Texas are subject to specific legal protections and procedures designed to safeguard the minor’s interests. We can help ensure that this is true.
Contact Our Personal Injury Lawyer at Hollingsworth Law Firm
If your child has been injured or tragically lost their life to negligence in Texas, contact our dedicated Houston auto accident attorneys at the Hollingsworth Law Firm today for a free case evaluation. Call 713-637-4560 or contact us online.
Our skilled bilingual personal injury lawyers and support staff represent clients throughout Texas on a contingency basis, so you never pay any legal fees unless we win your case.
If you are ready to fight for the compensation you deserve, so are we. Let us take the lead.
