Available 24/7
(972) 854-7900
Available 24/7
(972) 854-7900
Having your child suffer serious harm can be one of the most stressful events a parent ever faces. In addition to the emotional and physical toll this can have on your child and your family, it can also create a substantial financial burden.
If your child suffered an injury due to another person’s negligence, a Celina child injury lawyer could help you seek compensation. With the help of a dedicated injury attorney, the results of your claim could provide the resources your child needs to recover.
There are countless childhood injuries that could require extensive medical care, physical therapy, or future income replacement. Some of the most common childhood injuries include:
Treating these injuries and provide support to a child as they heal can be costly. A child injury lawyer in Celina could pursue legal action if these injuries are the result of another’s negligent conduct.
Injury claims involving children can bring about unique challenges. According to state law, there are strict limitations on a parent’s ability to resolve a personal injury claim on behalf of a child. At the same time, the state also prevents a minor from pursuing legal action on their own.
Despite this, there are two important options available to an injured minor and their family. The first is for a child to wait until they turn 18 to file the lawsuit on their own. The second option involves the parents negotiating a settlement and moving forward with something known as a “friendly suit.” A child injury attorney in the area could advise a family on the benefits and drawbacks of each approach.
Whether or not a minor waits to file an injury lawsuit on their own is a matter of legal strategy. Minors that are close to turning 18 may decide they would rather wait and pursue the claim on their own. However, this can be a risky option for younger children, as delaying a claim could result in the loss of evidence, the death or disappearance of important witnesses, and an increased difficulty to establish a liability claim.
Fortunately, minors have some time to make their decision. While adults must file their injury claim within two years of the date of the accident, the same is not true for children. Instead, a minor has two years from their 18th birthday to move forward with a lawsuit.
Alternatively, the parents of an injured child could pursue a lawsuit on their behalf. This could be worthwhile in cases involving younger children, as waiting for years until the child’s 18th birthday could carry significant financial hardships.
State law does not allow the parents of a child to resolve these claims unilaterally, though. To complete a settlement of their injured child’s negligence claim, they must file a lawsuit along with the at-fault party in order to have the court approve the negotiated settlement. This is referred to as a friendly lawsuit.
In these cases, the court will appoint a neutral third party as guardian ad litem for the child. It is their role to review the settlement offer and decide if it is in the child’s best interest to accept.
In the end, a judge will review the settlement and consider the recommendation of the guardian ad litem. The judge could ask additional questions of the parties before making a decision. Their ultimate decision could be to affirm the settlement, ask for changes, or even require the case to go to trial.
If you are considering legal action after an injury to your child, it could be highly beneficial to seek guidance from a legal professional. A well-practice attorney could review your child’s case and explain all of your available options.
Do not hesitate to contact a Celina child injury lawyer. Call our office today to schedule your free initial consultation.
McCraw Law Group
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