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How Are Personal Injury Cases Different When A Child Is Involved?

child's feet dangling with one in a cast

When you’re in an unexpected crash, the only thing worse than being injured yourself is seeing your child hurt. In cases where a child is injured during a preventable accident, here’s how personal injury claims work.

Common Causes of Child and Teenager Injuries

Some of the most frequent causes of injury for minors include:

  • Car accidents
  • Drowning accidents
  • Medical malpractice
  • Pedestrian accidents
  • Bicycle accidents

Can Minors File Personal Injury Claims?

Because minors are not of age to enter a contract, be sued, or sue, they cannot file a personal injury claim on their own. Instead, a parent or guardian will need to handle the process on their behalf. The minor’s parent may hire an attorney and sign any settlement offers that the minor receives.

The Statute of Limitations for Minor Personal Injury Claims

While the statute of limitations for filing a personal injury lawsuit is typically two years, this timeframe extends for minors. Instead of two years from the date of the accident, minors have two years from the date of their 18th birthday to pursue a personal injury claim. However, this gap in time may cause complications in the case, and it is usually safer for parents to move forward with a claim as quickly as possible.

Minor Accident Liability in Texas

Although minors are legally unable to file personal injury claims, they can be held legally responsible for some accidents. If the minor’s behavior prior to the accident was excessively careless, or the minor caused intentional harm, the minor and/or their parents may be held liable.

In some states, parents are automatically held responsible for car accidents caused by their children. However, this is not the case in Texas.

Personal Injury Claims in Dallas

If your child was injured in an accident and you want to pursue a personal injury claim, our team at Scott H. Palmer, P.C. can help. These cases are more complicated than those solely involving adults and require help from experienced personal injury attorneys. Set up a consultation today online or call (214) 891-3382.