When your child has been hurt, it affects your entire family. Most parents have to deal with much more than just worrying about their child's medical treatment or the emotional aspects of an accident, and actually must work through a complicated legal system to obtain the necessary compensation.
Since there are many laws and regulations related to child injury in Frisco, Texas, that are different from those regarding adults, you may be looking for answers to your questions about how to pursue a claim for injuries caused by someone else's actions, such as a daycare center, a driver, or a property owner.
At Bivona Law, we know that representing the most vulnerable members of our society is our most important job. We understand that while you are taking care of your injured child, you are also trying to navigate through the court system in order to seek justice for them, which is a very difficult task. This guide will provide information on who in Frisco has the legal right to bring a lawsuit on behalf of a minor, what the various parties involved do in these cases, and how to navigate the entire judicial process from start to finish.
People under 18 are considered legally disabled under Texas law. This is a legal status that prohibits them from signing legally binding contracts or bringing litigation in their own names, not a physical or mental disability. A competent adult must act on behalf of minors in court because they are not allowed to represent themselves.
This safeguard ensures that a child's legal rights are not compromised or mishandled due to their immaturity or lack of legal experience. But it also means that, to start a claim, a parent or guardian must be proactive. A child's claim can languish in the absence of an adult to serve as a legal bridge, leading to the loss of key evidence or failure to meet critical deadlines.
Adults who represent children in personal injury cases are referred to by a number of unique legal phrases. The first step in safeguarding your child's future is to comprehend these roles.
Most child injury lawsuits in Frisco are filed by a Next Friend. According to Rule 44 of the Texas Rules of Civil Procedure, a minor who has no legal guardian may be represented by a Next Friend.
In many Frisco child injury settlements, the court will appoint a Guardian ad Litem. This is usually a neutral third-party attorney whose sole job is to protect the child's interests during the settlement phase.
The court often appoints a Guardian ad Litem when a settlement is reached to ensure there is no conflict of interest between the parent and the child. For instance, the court wants to confirm that the settlement amount is reasonable and that the funds are distributed in a way that actually supports the child's long-term needs rather than the parent's short-term financial goals.
The principal authority to bring a lawsuit on behalf of a child who has a Guardian of the Estate appointed by the court. This differs from a standard parent-child relationship and usually involves cases in which the child has already inherited assets or is involved in an ongoing probate or guardianship matter.
Although Frisco offers many parks, excellent educational facilities, and thriving commercial areas, increased activity raises the risk of careless acts. The Bivona Law firm handles the following types of claims for children who have suffered injuries due to the negligence of:
In addition to state regulation, Frisco daycare facilities must also maintain required staff-to-child ratios, conduct criminal background checks on all staff, and provide safe environments for all children. Any time a daycare lacks sufficient staff to provide supervision or fails to properly supervise children. There is a high probability that children in that daycare will suffer serious injuries. Common examples of these types of injuries include falling from heights, choking, and abuse.
The owners of both Frisco ISD schools and private playgrounds have the duty to ensure that the property is maintained in a safe condition for children. This includes maintaining the playground equipment, ensuring the fencing is secured, and providing adequate supervision during recess or other school functions.
Children are frequently injured in car accidents on busy Frisco roads like Preston Road or Eldorado Parkway. Even when properly restrained in a car seat, the force of a collision can cause traumatic brain injuries, internal organ damage, or broken bones. We also represent children who were injured as pedestrians or bicyclists in residential neighborhoods.
With the Texas heat, pools are a staple of Frisco life. However, they are also an attractive nuisance. Property owners can be held liable if they fail to properly gate a pool area, leading to a drowning or near-drowning incident.
A settlement agreement for a personal injury case involving an adult will become binding upon the adult's signature; otherwise, the case will be considered closed, as the adult has executed a release. Because a child does not have the ability to enter into a legally binding contract (to agree), the state of Texas has created a process called a Friendly Suit to allow the settlement of the minor's injury claims with the minor's parent(s)' agreement.
In a Friendly Suit, the parties are not adversaries. Rather, the parties present their agreed-upon settlement terms to a court for approval at a formal hearing during the Friendly Suit. The judge will hear from the child's next friend, examine the medical documents, and consider the Guardian ad Litem's recommendation. The court will sign an order authorizing the settlement if it finds that it is in the child's best interests. This process protects the youngster and ensures that the defendant cannot be sued for the same incident after the child turns 18.
In Texas, the statute of limitations for a typical personal injury case is two years from the date of the accident. However, for children, this rule is different due to a concept called tolling.
The two-year clock for a child’s personal injury claim usually does not start until they turn 18. This means a child theoretically has until their 20th birthday to file a lawsuit for an injury that happened when they were five years old.
This is where many families get confused. While the child's claim for pain and suffering is tolled, the parents' claim for medical expenses they paid on behalf of the child is usually not. Parents generally have only 2 years from the date of the injury to seek reimbursement for hospital bills and therapy costs. Because of this split, it is vital to contact a Frisco child injury lawyer as soon as possible to ensure all parts of the claim are preserved.
One of the most frequent questions we receive at Bivona Law is: "Where does the money go?" Because the settlement belongs to the minor, the court takes steps to ensure the funds are available when the child reaches adulthood. Common methods of management include:
The most crucial choice a Next Friend can make is selecting the appropriate attorney. For Frisco families, Bivona Law provides a number of benefits:
Texas follows a proportionate responsibility rule. Even if your child played a role in the accident, you may still be able to recover compensation as long as their responsibility is not greater than 50 percent. For very young children (usually under age seven), the law often presumes they are incapable of negligence.
Suing a public entity in Texas involves Sovereign Immunity. This makes these cases significantly more difficult, but not impossible. There are specific exceptions, such as accidents involving school buses or other motor vehicles. We can review the details of your case to see if it meets the strict requirements of the Texas Tort Claims Act.
At Bivona Law, we work on a contingency fee basis. This means there are no upfront costs for your family. We only receive a fee if we successfully recover a settlement or verdict for your child.
The money often remains in the court registry until the youngster reaches the age of eighteen. However, if the money is required for the child's upkeep, education, or health, the parent may request a withdrawal. These requests must be granted by the court on an individual basis.
A major injury shouldn't define your child's destiny because they have a lifetime ahead of them. You may provide them with the money they require for long-term security, education, and medical care by serving as a Next Friend.
If your child has been injured in Frisco, do not navigate the legal system alone. Contact Bivona Law today to discuss your options in a free, confidential consultation. Our team is ready to listen to your story, explain your rights, and fight for the justice your child deserves.
