Accidents involving children can have a profound impact on the entire family. From medical care to the time you may need to be away from work, your child’s injuries can have an emotional and financial impact on every family member.
Understanding your legal options for pursuing financial compensation after a serious injury accident is essential. At Burch Law Firm, a Texas child injury lawyer can help you explore your options for seeking the maximum compensation you and your child need. Located in Central Texas, Burch Law Firm is here to serve you and your family with all your personal injury matters. Please contact an experienced New Braunfels personal injury attorney to talk about your case in a free initial consultation.
Legal Differences in Child Injury Cases vs. Adult Cases
Child injury cases differ from adult injury cases because children are minors and cannot file a personal injury lawsuit on their own. Additionally, minors cannot enter into contracts, such as a car accident settlement for a child. However, as your child’s parent, you can hire an attorney, file a personal injury claim on their behalf, and enter into a settlement agreement related to the child’s injury.
The time for filing suit also differs in a child’s personal injury case. For an adult, the Texas statute of limitations sets the deadline for filing a personal injury lawsuit at two years from the date of the accident. For a minor child, the deadline for filing a child’s personal injury claim is extended to two years after the date of the child’s 18th birthday.
While your child has additional time to file a personal injury suit, it is usually in the child’s interest to file an injury claim on their behalf as soon as possible after an accident caused by someone else’s negligence or reckless behavior. Suppose you have a personal injury attorney on board shortly after the accident. In that case, the lawyer can identify the at-fault party and gather evidence to support a child’s personal injury claim. The evidence may no longer be available if there is a long delay in pursuing a claim. For example, witnesses who observed the accident may not be located later. By initiating the lawsuit on your child’s behalf shortly after the accident, you can better protect their legal rights to pursue the fair compensation you and your child deserve.
What Compensation Can a Child Receive After a Car Accident in New Braunfels?
If your child was injured in a car accident that was someone else’s fault, you may be facing unexpected medical bills and other financial losses. Child in car accident compensation varies depending on the unique circumstances of the case. Your New Braunfels car accident attorney may advise that you are entitled to pursue compensation for the following common types of compensation:
- Medical Bills – If your child needs emergency medical treatment, surgery, physical therapy, or has ongoing medical care expenses, you can seek to recover money for those current and future medical costs in a lawsuit. In Texas, future medical expenses may be awarded by a jury if there is a “reasonable medical probability” that your child will need this care.
- Pain and Suffering – Pain and suffering for a child in a car accident are non-economic losses you may pursue in your child’s case. Pain and suffering may include your child’s physical pain, emotional trauma, and mental anguish they suffered due to the accident.
- Educational Support – Your child may require special accommodations related to their education, including tutoring, for which you can pursue the money to cover these costs.
- Loss of Future Earning Capacity – If your child suffered permanent injuries, you may be eligible to pursue compensation for their potential loss of income due to long-term disability.
- Lost Income – You may be eligible to seek money for your lost wages if you must take time off work to care for your injured child.
- Counseling – Depending on the nature of the accident, your child may have emotional issues and require therapy or counseling services to support their emotional and psychological well-being. You can claim these expenses in a lawsuit.
Understanding the Texas Minor Settlement Statute
Texas law has specific requirements for settlement claims with minors. The Texas Minor Settlement Statute allows you as the parent or legal guardian of a child to enter into a settlement agreement if the total amount of the claim, aside from medical costs and legal fees, is $25,000 or less if paid in cash or paid by the payment of a premium to purchase an annuity.
To ensure the settlement is in the best interest of the child, the statute further requires you to complete an affidavit attesting to the following:
To the best of your knowledge, your child will be fully compensated by the settlement.
There is no practical way to obtain additional compensation from the negligent party or the insurance company that enters into the settlement agreement.
The law requires your attorney to maintain this affidavit in their file until the child turns twenty-three years old. Further, the settlement funds must be deposited in your attorney’s trust account for the subsequent deposit into a savings account in the child’s sole name. If a car accident settlement for a child is reached and meets these conditions, you can expect your attorney to act according to this statute.
What Are The Common Causes of Child Injuries?
As personal injury lawyers in New Braunfels, TX, we have guided young accident victims and their families through the legal system as they pursue the money they need. The common causes of child injuries in Texas include the following:
- Car accident injuries
- Truck accidents
- Drowning in swimming pools
- Catastrophic injuries involving heavy equipment or machinery
- Falls into open wells or on unsafe terrain
Unfortunately, children can also be injured at school or while participating in school activities. For example, a child can get hurt in a school bus accident or on the playground. Injuries can likewise occur due to a lack of proper supervision or even abuse. At Burch Law Firm, we stand ready to assist you, regardless of the cause of your child’s injuries.
Why Choose Burch Law Firm for Your Child’s Injury Case in New Braunfels
When you need a car accident lawyer in New Braunfels, call Burch Law Firm. Our lawyers have extensive experience handling personal injury cases, including child injury claims. We understand that the Texas legal system can be intimidating and confusing, particularly when a child is involved. We are committed to helping you and your family navigate the legal process and pursue the maximum compensation you need to help with your child’s recovery.
Our personal injury lawyers in New Braunfels, TX, are dedicated to the community. Troy Burch has practiced law in New Braunfels since 1990. When you are ready to discuss your child’s rights and your legal options, call Burch Law Firm to speak to an experienced attorney during a free consultation.
