Accidents involving children can be particularly distressing, raising unique challenges and considerations in personal injury law. If your child has been injured in an accident in Texas, understanding the special considerations surrounding child injuries is crucial for pursuing legal action. Here are key aspects of Texas personal injury law that specifically pertain to child victims.
Duty of Care Towards Children
In personal injury cases involving children, there is an inherent duty of care owed to minors. Individuals, businesses, and entities are expected to exercise a higher degree of care when children are involved. This duty extends to various environments, including schools, parks, public spaces, and private properties.
Parental Consent for Legal Action
In Texas, a minor lacks the legal capacity to file a lawsuit independently. Parents or legal guardians must act on behalf of the child to pursue a personal injury claim. It’s essential for parents to provide the necessary consent and actively participate in legal proceedings to seek compensation for their child’s injuries.
Statute of Limitations for Minors
The statute of limitations is the timeframe during which a claim for damages must be brought. If you fail to bring a claim within that period of time, you may be barred from bringing one at all. The statute of limitations for personal injury claims in Texas is two years from the date of the accident. However, the statute of limitations for personal injury claims is different when minors are involved. In Texas, the clock typically starts ticking when the child turns 18. However, certain exceptions and tolling provisions may apply. Consulting with an attorney is crucial to ensuring that legal action is initiated within the appropriate timeframe.
Compensation for Future Damages
Child injuries may have long-term consequences, impacting the child’s future health, education, and quality of life. Texas personal injury law allows for the pursuit of compensation for future damages, including ongoing medical expenses, rehabilitation costs, and potential loss of earning capacity as the child grows older.
Structured Settlements for Minors
To protect the best interests of the child, Texas law allows for structured settlements in personal injury cases involving minors. Instead of receiving a lump sum, structured settlements provide a stream of periodic payments, ensuring that the child’s financial needs are met over an extended period. This helps safeguard funds for future medical and educational expenses.
Guardian ad Litem
In some cases, a court may appoint a guardian ad litem to represent the child’s interests in legal proceedings. This independent representative assesses the child’s best interests and provides recommendations to the court, helping ensure that the child’s rights are protected throughout the legal process.
Emotional Distress & Pain and Suffering
Children may suffer not only physical injuries but also emotional distress and pain and suffering. Texas law recognizes the emotional toll of injuries on minors, allowing for the pursuit of compensation to address the psychological and emotional impact of the accident.
Advocacy for Child Safety
Personal injury cases involving child victims often extend beyond individual claims. They can serve as opportunities to advocate for child safety and prevention measures. Responsible parties may be compelled to implement changes to prevent similar incidents in the future, contributing to the overall well-being of children in the community.
The Attorneys at Rochelle McCullough Help Children Who Have Been Injured in an Accident
If your child has been injured in Texas or Arkansas, they may be entitled to compensation. Seeking the assistance of an experienced attorney is crucial. A knowledgeable and experienced attorney specializing in personal injury cases involving minors can advocate for your child’s rights, and pursue fair compensation for their injuries and future needs.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.