League City Child Injury Lawyer

The residents of League City enjoy a relatively safe place to raise a family. Unfortunately, despite a lower crime rate than many other cities around the state, many hazards can cause injuries to children here. Some of those hazards come in the form of negligence by another party, such as a distracted or dangerous driver on the roadway, a slip and fall hazard at school or a local business, and much more.

If your child was injured because of someone else’s carelessness, they are entitled to compensation for their medical expenses and the psychological costs of their injury. However, because they are under 18, they cannot file a personal injury claim independently. An experienced League City child injury lawyer from Schechter, Shaffer and Harris can help your family understand how the claims process works when the injured party is a child.

Can Children File an Injury Claim on Their Own?

Children in League City who are under the age of 18 are unable to enter into contracts on their own. This means they cannot retain their own lawyer, settle an insurance claim, or file a lawsuit if the at-fault party’s insurance provider fails to compensate the claim. However, Texas law allows adults to stand in their place as “next friends” through the legal process. The next friend is generally the child’s parent or legal guardian, and they generally have two years after the date of the child’s injury to file the claim.

If no one files a personal injury claim on behalf of the child, they can file it on their own once they are 18. In these cases, the state’s two-year statute of limitations would be tolled (delayed) until the child’s 18th birthday. It should be noted, however, that it is often preferable to file the claim as soon as possible to ensure that the evidence needed to prove the claim remains and also for the payment of medical bills that the child’s parents are typically responsible for paying out-of-pocket or through insurance.

What Type of Compensation Is Available in a Child Injury Claim?

When a child injury claim in League City is settled or compensated through a court award, the court must approve the award to make sure that it is in the child’s best interests. The award is funded through a court registry or annuity, holding the proceeds until the child reaches 18. While the child’s basic medical needs are the parent’s responsibility, the proceeds of the claim can generally be used for coverage of medical needs resulting from the accident, as well as any special educational items or expenses needed to accommodate the child’s injury.

Compensation for non-economic impacts of the injury, such as pain and suffering and loss of the enjoyment of life, are generally safeguarded to be given to the child when they reach the age of majority.

If You Need a League City Child Injury Lawyer, Contact Schechter, Shaffer and Harris

Watching their child deal with a serious injury is a parent’s worst nightmare. Trying to understand your next steps after your child has been injured makes the situation even more difficult to bear. Let an experienced child injury lawyer in League City help you understand your family’s legal options and your child’s right to compensation for their injury. Contact us for your free case evaluation today.