Finding out your child was hurt because of another person’s misconduct is one of the most devastating and stress-inducing things you can go through as a parent. Unfortunately, this is a situation faced by far too many Texas residents every single year. Fortunately, though, if you can prove that someone else was legally negligent, you could hold them financially accountable for every form of harm your child suffers.
That said, achieving a positive resolution to a case like this can be a complicated endeavor, especially if you try to pursue your claim without the help of a seasoned personal injury attorney. If you want the best chances of securing a positive case result for your family, speaking with a Houston child injury lawyer at Roberts Markland LLP should be a priority as soon as you learn of your child’s accident.
Since minor children cannot sue anyone else or be sued themselves in Texas, an adult acting in the role of “next friend” may file suit on behalf of a child injured in an accident. The “next friend” in situations like this is usually the child’s parent(s) or legal guardian(s), but any adult may fill this role if neither of those parties are available.
Additionally, any child whose injury forms the basis for a civil claim will generally have an “ad litem” assigned to them by the court, who will ensure the child’s best interests are represented regardless of whether the family pursuing the claim has retained their own Houston child injury attorney. In the same vein, a judge must approve any settlement offer—based on input from the ad litem and their own discretion—before the “next friend” can accept it on a child’s behalf.
At the end of the case, any money paid out through a court verdict or private settlement does not go directly to the child’s parent(s), guardian(s), or “next friend” to manage. Instead, the funds will either be put into an annuity to be paid out over time after the injured child turns 18, or they will be put into the registry of the court until the child turns 18.
A comprehensive child injury lawsuit can account for all past and future losses the child will experience because of the physical harm sustained, including:
In some situations, a child injury lawyer in Houston could help factor in certain losses suffered by a child’s parent(s) or guardian(s) into a claim as well—for instance, work income missed while a parent or guardian was away from their job caring for their injured child.
No child should have to suffer physical harm because of another person’s misconduct, and no parent or guardian should have to go through the heartache and stress of dealing with such a situation. While it cannot completely erase the damage done, recovering comprehensive compensation for the effects of this type of incident can still be crucial to preserving your child’s long-term interests.
A capable and caring Houston child injury lawyer could be an irreplaceable ally throughout every stage of your unique case. Call Roberts Markland LLP today to learn more.
