Can I Bring a Personal Injury Claim on Behalf of a Minor in Texas?

Because minors are not legal adults, they cannot file lawsuits on their own. They need a parent or other individual to act on their behalf. Understanding whether you can file on the minor’s behalf and your role in the case is crucial to protecting their legal rights. Read more to learn whether you can bring a personal injury claim on behalf of a minor in Texas.

Who Has the Legal Right to File a Personal Injury Claim on Behalf of a Minor in Texas?

Children under 18 are not considered legally competent in Texas, so they are not allowed to stand in court on their behalf. Typically, if a child is injured, their parent or legal guardian files the lawsuit on their behalf. Other relatives or individuals could file on the child’s behalf if they are appointed the “next friend” by the court, which is an agent of the court designated to protect the child’s legal rights and interests.

In some cases, the court may also appoint a Guardian Ad Litem, who ensures there is no conflict of interest between the next friend and the child they are representing and is considered an advisor to the court. For example, if the parent and child were both injured in a car accident, the Guardian Ad Litem may help ensure that any settlement clearly delineate the child’s award from their parent’s.

How Minor Injury Claims Differ from Adult Claims

If you are serving as your child’s legal representative or appointed a next friend, it’s crucial that you understand your role and responsibilities. Children’s personal injury claims are different than those only involving adults.

One major difference is that settlements involving minors usually require the judge to approve the settlement. This provides an extra layer of security that someone is looking after the child’s best interests. The Guardian Ad Litem may also be asked to review the settlement.

Since children are not currently working and are still developing, it is important that the child’s representative considers all of their long-term damages when considering whether a settlement is a fair outcome. Damages may include compensation for:

• Medical bills that the family already incurred
• Ongoing medical expenses to pay for physical therapy, occupational therapy, speech therapy, and/or future surgeries
• Special education services
• Home and vehicle modifications if the child suffered a disability
• Pain and suffering
• Learning disabilities
• Physical disabilities
• Scarring and disfigurement
• Lost enjoyment of life

Courts may order that the funds provided through a personal injury settlement be deposited into a trust account or structured annuity to provide for the child’s needs.

Contact Us for Help with Your Child’s Personal Injury Claim

If you have questions about your child’s rights after an injury, The Aguirre Law Firm, PLLC can answer them. We can guide you through the legal process and focus on protecting your child’s long-term needs. Contact us today for a free case review.