The Law Office of Doug Goyen represents people who have been injured in car accidents. This sometimes included children who had been injured in accidents. Texas recognizes that minors are incapable of making their own legal decisions. Because the people involved are making decisions for the child, an injury claim involving a child must be handled with caution. If you have a child who has been injured as a result of negligence and require legal assistance in recovering what is owed for the injury, please contact us right away. We can begin assisting you right away. Dial 972 599 4100 for more information.
Children who are injured in car accidents are considered legally minors. Minors are defined as follows:
Texas defines a “minor” in several statutes and in various ways. A minor is defined as someone under the age of 17 by the Texas Family Code. A minor, according to the Texas Criminal Code, is someone under the age of 18. A minor may also be “emancipated” under the law, transforming the minor into an adult, if they are 17 years old and managing their own finances, or if they are 16 years old and living apart from their parents and managing their own finances.
Minors are unable to file lawsuits without the assistance of a parent or guardian. Minors are vulnerable to the same types of injuries as adults, such as car accidents, fireworks, playground fires, defective products, brain injuries, and swimming accidents. Children are also vulnerable to injury and violence. Maltreatment by those in positions of authority, riding as passengers in vehicles, and learning to drive all put minors at risk.
All of the risks listed above can result in injury or death. Injuries to a child can result in significant costs and out-of-pocket expenses for the rest of the child’s life.
What can a minor recover? If a minor is injured, they can recover for their injury, disability, pain and suffering, future loss of income (when they become an adult), disfigurement, and pretty much everything else that an adult can recover for now, as well as all future damages that they are entitled to receive when they become an adult. Typically, minors are unable to recover past medical bills because their parents owe those bills. Similarly, even if the minor is working, the income legally belongs to the parent, so past lost income incurred while the injured person was a minor is a claim that legally belongs to the parent.
What do the parents recover? Medical bills, lost wages, and other “bills” incurred on behalf of the injured minor while they were a minor. Because the injured person is no longer a minor, all bills incurred after that date are the responsibility of the injured person.
How long do the parents have to sue for what they owe? In Texas, the parents have two years from the date of injury to sue or settle their case for their injured minor’s bills, lost income, and so on.
How long does a minor have to sue for what they are owed?: A minor’s statute of limitations begins to run when they reach the age of 18. (or become an adult – if emancipated at an earlier date).
The laws governing minor injury can be complicated. If your minor child was injured due to the negligence of another, you must hire a Dallas child accident attorney to ensure you recover the full amount owed.
If your child has been injured as a result of someone else’s negligence, you will almost certainly require legal assistance to ensure that you receive the full amount owed. To discuss your case, please contact our office and speak with our Dallas auto accident attorney to discuss what you need to do to protect your rights and your child’s rights.
Related Damages Pages:
- Bystander Damages in Accidents
- Disfigurement from an Accident
- Loss of Body Part or Mental Function from Accidents
- Loss of Consortium from Accident Injuries
- Loss of Inheritance in Negligence Cases
- Loss of Services from Accidents
- Lost Income from Accidents
- Medical Bills from Accidents
- Mental Anguish Personal Injury
- Pain and Suffering Personal Injury
- Physical Impairment from Accidents
Related Injuries in Accidents Pages: