Child Injury FAQ
If your child was injured or killed in an accident in Austin, Lake Travis, Lakeway, Bee Cave, Central Texas, or anywhere else in the state of Texas, your child (or its estate) may be entitled to recover for the damages suffered in the accident. You and your child have important rights. You must understand those rights so that you can work closely with an attorney who has vast experience handling child injury cases. We have listed below some questions our clients frequently ask us about their child injury case.
Q: Who is a minor under Texas law?
In Texas, a child is a minor until reaching 18. At 18, the child attains the age of majority. At that time the young adult can enjoy all of the rights and benefits grownups enjoy in Texas. People under the age of 18 are considered adults, however, if they successfully sued to become emancipated from their parents.
Q: How long do I have to file a claim on behalf of my child?
Under Texas law, you have two years from the date of the accident to file a lawsuit seeking damages for your child’s injury. The two-year time frame is called the statute of limitations. The parents have the obligation to file any claims they have such medical bills for which they are responsible as a result of the accident during that two-year period. This stands to reason because children are not legally capable of entering into contracts until they are 18 years old. The parents must also file any wrongful death claim within two years from the date of the incident. You must not delay in pursuing your claim for child injuries in Texas. Contact a child injury attorney immediately to discuss the case and the statute of limitations. You could lose out on the claim forever if the statute of limitations runs.
Q: Is there a different statute of limitations for minors?
In Texas, a minor is unable to file a lawsuit until reaching 18 years of age. Texas considers being a minor a disability. The disability lifts when the child attains 18, which means that they can file suit on their own. The child has two years to file the claim once the child attains the age of majority. Allowing the statute of limitations to run will cause devastating results. You must consult a child injury attorney if you are concerned your child could lose her claim because the statute of limitations ran. Texas observes different statutes of limitations for assaults of children of an indecent or sexual nature which are much longer than two years.
Q: Who can sue on my child’s behalf?
As a parent, you can sue on your child’s behalf. Also, a legal guardian can sue on the child’s behalf if the child is unable to do so. If there are no parents or guardian’s available, then a relative may sue on behalf of the child as “next friend.” However, the court may appoint a guardian ad litem to act on the child’s behalf. The guardian ad litem, who is an attorney, acts in the best interests of the child to make certain that the child is treated fairly in the settlement process. A guardian ad litem will also become involved on the child’s behalf if the child suffered injuries as a result of acts committed by a parent.
Call Experienced Child Injury Lawyers To Discuss Your Child’s Rights
We at Hermes E. Flores have handled many Texas child injury cases and understand how to negotiate with insurance companies to reach a settlement that is just for you and your child. If the insurance company refuses to settle, our legal professionals will prove to the judge or jury that your child deserves to be compensated. Call us today to schedule a free consultation at 512-947-9103. We are here for you 24/7.