In the state of Texas, courts have handled thousands of civil cases with a high percentage of them including personal injury lawsuits. The circumstances of these cases vary in severity as well as who has been injured in the case. For cases involving adults, the path to compensation can be difficult but not as complicated as cases involving minors. 

A minor is an individual who is yet to attain the age of majority, which is 18 years in Texas. In the eyes of the law, minors cannot make legal decisions alone, so what happens when they seek compensation in a personal injury lawsuit? The first step should be getting in touch with personal injury attorney Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. Read on to find out more. 

Filing the Personal Injury Lawsuit 

If a minor is involved in an accident that was another party’s fault, whether a car crash, a product function, a slip-and-fall incident, or even an animal bite, their parent or guardian is responsible for initiating the claim. 

While you, the parent or guardian, can opt to pursue the claim without consulting a personal injury attorney to save on costs, you may be heading down the wrong path with that decision. With guidance from a Texas personal injury attorney, the odds are in your favor because they understand the legal system more than you do. 

Enter the Guardian Ad Litem

Once the case is in the Texas legal system and it becomes apparent that the child’s interest needs representation, a judge will hire a Guardian Ad Litem (GAL)  to ensure these interests are well represented.

It is important to understand that the GAL is not your typical attorney. Their responsibility is not to the minor, nor is it to the parent or guardian. Their responsibility is to the court to ensure that the legal process aligns with the child’s best interest. 

The GAL will be present during the negotiation process with insurance companies to ensure that a fair settlement is reached between the two parties. After a thorough assessment, the GAL will recommend a course of action to the judge, which may be to accept or reject the settlement offer. If the settlement offer is rejected, the case proceeds to trial, where they will oversee the entire process in the best interest of the child. 

Understanding the Statute of Limitations 

The statute of limitations for Texas personal injury cases involving minors may differ from regular lawsuits. 

Say the minor suffered an accident when they were 10, and the timeline expires after two years. Even if they are turning twelve now, they can still pursue the case until they turn 18. The two-year statute of limitation period begins when the minor turns 18, giving them until their 20th birthday to initiate a claim.

What Damages Are Minors Entitled To?

The damages minors will be entitled to will depend on the nature of the accident. Typically, the damages are bifurcated into monetary and nonmonetary damages. The former encompasses damages whose value is easily quantifiable in dollar values. They include medical expenses such as hospital stays, surgeries, doctor’s appointments, medications, physical therapy, and more.

On the other hand, non monetary damages are more abstract in nature and more complex to quantity. They include pain and suffering, loss of enjoyment of life, permanent disability or disfigurement. 

The settlements may sometimes be paid out in a structured format over the long term, ensuring financial security for the minor. These structured settlements are court-approved and require third-party administration. 

The Need for an Attorney

A Texas personal injury attorney can collect evidence, interview witnesses, and negotiate with insurance companies with the minor’s best interests at heart. They can build a strong case, ensuring the client gets the maximum compensation. 

Conclusion

Seeking compensation for a minor’s injury can be complex, but legal support protects their best interests. From filing the claim to securing fair compensation, a skilled attorney simplifies the process and maximizes recovery. If your child has suffered an injury, consult a Texas personal injury lawyer for guidance.

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