What if There Were Children Involved in a Texas Car Accident?
If there are children involved in a Texas car accident, the children have a right to fair compensation, just like any other accident victim. However, car accident claims for children have differences from adult cases, including who can file and how long one has to file a lawsuit.
If your child was in a car accident in Texas, call personal injury lawyer Denise Bradshaw at 775-738-7444 to schedule a free consultation about your legal options.
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How Texas Law Protects Children in Car Accidents
Texas law has protections to ensure a child’s best interests in car accident cases.
Children in a car accident are entitled to compensation for their injuries, just like adults. However, minors don’t have the legal capacity to file a claim or lawsuit individually. They can only do so after turning 18. A parent or legal guardian can bring a legal case on an injured child’s behalf.
The case that a parent brings is divided into two parts. The first part is brought for the costs the parent has incurred due to the child’s injury, such as medical bills. The second part is for damages personal to the child, such as disfigurement, physical impairment, and mental anguish. If no one files a lawsuit on behalf of the minor, the child will still be able to bring a case on his or her own upon reaching the age of 18.
According to the most recent annual crash report for Texas crash data facts, one person was killed every 2 hours and 3 minutes in a motor vehicle accident in Texas in 2023. When a minor child is killed in a car accident in Texas, the parent can hold the negligent party responsible for the accident accountable through a wrongful death claim.
Settlement Approval
When a child injury claim ends in a settlement, a judge will have to review and approve the out-of-court settlement. This is to ensure the settlement is in the child’s best interests.
Statute of Limitations
The statute of limitations is the legal time limit you have to file a lawsuit. The filing deadlines for cases where there are children involved in a Texas car accident can be complex. The best way to ascertain the legal deadlines applicable to your case is to schedule a consultation with a Houston personal injury attorney.
Types of Compensation for a Child’s Texas Car Accident Injuries
When children get hurt in a Texas car accident, they may be entitled to various types of compensation, such as:
- Past, current, and future medical expenses
- Costs of medical equipment
- Modifications to your home or vehicle
- Lost earning capacity
- Pain and suffering
- Punitive damages (if there was extreme negligence or intentional misconduct)
If your child was killed in a car accident, you can seek compensation for losses like burial and funeral expenses, loss of companionship, and emotional distress.
Who Is Liable When a Child Is Injured in a Crash?
One of the top questions to ask your attorney about a car accident involving children is “who should be liable for damages?” Determining liability is a critical factor in child injury claims in Texas, an at-fault state. The party responsible for the crash is liable for an injury victim’s damages. The victim can file a claim with that party’s insurance company or file a lawsuit against the liable party.
Parties that could be held liable in car accident cases involving minors include:
Driver of the Other Vehicle
If the other driver was reckless or negligent and caused the crash, he or she could be held liable. The driver’s insurance company could be the main source of compensation. Examples of driver negligence include speeding, unsafe lane changes, distracted driving, and drunk driving.
The Driver of the Vehicle the Child Was In
Liability may lie with the driver of the vehicle your son or daughter was riding in. For example, if your child was in your friend’s car and your friend was at fault for the crash, your friend’s insurance would provide coverage for the losses associated with the crash.
Manufacturer
If a defect contributed to the accident and injuries, a manufacturer could bear some of the liability. For example, the vehicle manufacturer could be held liable if a vehicle defect contributed to the accident or injuries. You could hold the manufacturer of a car seat accountable if the seat failed to perform as expected and resulted in your child’s injuries.
Government Entities
The government entity responsible for road maintenance could be liable if your accident was caused by dangerous road conditions like poor road maintenance or inadequate road signage.
When to Contact a Car Accident Lawyer for Your Child’s Case in Houston
Dealing with the legal aftermath of a car accident involving your minor child in Houston can be daunting, especially if you’re also helping your child recover. As a result, it’s critical to know when to contact a lawyer to ensure you receive the personalized attention, support, and assistance you need during this challenging time.
If Your Child Sustains Injuries
Children’s bodies are still growing and developing. As a result, they commonly sustain injuries that can have long-term implications in car accidents, such as head injuries, chest injuries, fractures, and psychological trauma. The long-term costs of these accidents can be high, extending far beyond current medical expenses. When your child is injured in a car accident, it’s important to talk to a lawyer who understands how accidents can seriously harm minors.
An experienced car accident lawyer will assess your case and quantify your child’s economic and non-economic losses, including projected future costs. The lawyer may work with other professionals like medical professionals and financial experts to establish the future care costs associated with your child’s injuries.
The primary concern of insurance companies is their bottom line. Unfortunately, even though it’s a child that’s hurt, the insurance company will still likely try to minimize your payout. An experienced lawyer will know how to handle settlement negotiations with the insurer to secure your rightful compensation. If negotiations fail to reach an acceptable settlement amount, you’ll need to consider whether it’s time to take your car accident case to court. A car accident lawyer with trial law experience will be willing to take your child’s case to court when necessary to pursue maximum compensation that covers all the losses associated with your child’s accident.
If You’re Unsure About Your Rights
A child being involved in a car accident can put you on a rollercoaster of emotions. You may feel angry, shocked, sad, confused, and overwhelmed. You should speak to a car accident attorney as soon as possible if you’re uncertain of the laws applicable to your case, the next steps to take, and anything else regarding your case. When you consult an attorney, you’ll get answers to all your questions, a detailed explanation of your rights, and guidance through the legal process.
When an Insurance Company Offers a Settlement
Insurance companies often try to offer a quick settlement when all your damages aren’t clear yet. An insurer won’t have considered your child’s future needs when calculating a quick settlement offer. If you agree to a settlement too soon, you could be left with insufficient funds for all your child’s medical expenses and future care. Consulting a car accident lawyer before agreeing to a settlement is crucial. A lawyer will carefully evaluate settlement offers to determine if they’re fair.
If There Are Disputes Over Liability
If there are disputes over fault, you should seek a car accident lawyer’s assistance. A lawyer will conduct thorough investigations to establish the cause of the accident and identify all the liable parties.
A car accident lawyer will handle all the legal aspects of your child’s car accident case, allowing you to spend more time with your child and focus on his or her recovery.
Denise Bradshaw has more than 15 years of experience helping accident victims obtain justice and fair compensation for their losses. Denise has extensive trial law experience, so she won’t be afraid to take your case to trial if that’s what it takes to obtain the maximum compensation you’re eligible for to secure your child’s future. Don’t hesitate to contact us and learn how we can help you if your child was injured in a Texas car accident.
