• By: Hank Stout
  • Published: February 2022

Seeing your child hurt due to another party’s negligence is one of the worst things a parent can experience. Fortunately, like any adult, a child has the right to seek compensation for any damages incurred due to the accident. As a parent, you may be able to seek additional compensation for the impact your child’s injury has made on your life.

It is crucial to remember that insurance companies and negligent parties will not volunteer compensation for your child’s injury. A skilled car accident lawyer can help you build a solid claim and ensure you receive the compensation you need while you focus on your child’s recovery.

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What Should I Do First If My Child Was Injured in a Car Accident?

After your child is injured in a car accident, the first thing you should do is call the police. They will then send an ambulance to the scene of the accident so that your child receives swift medical care for their injuries. Then, it would be best to ask the other driver involved in the accident for their insurance information.

From there, you can ask any witnesses of the accident for their contact information and take photos of the scene. Witness testimonies and photographs are vital pieces of evidence for personal injury claims. After your child has been treated by a medical professional, it is essential to get in touch with a trusted attorney.

How Child Personal Injury Cases Differ from Adult Cases in Texas

Texas courts treat car accident cases involving children differently than those involving adults. A child cannot legally file a claim on their own. This leaves two options: waiting until the child is 18 to file their own claim or filing a claim on their behalf as a parent. While the child will have two years to file a claim after turning 18, precious evidence can be lost during this waiting period. To ensure the most successful case possible, parents should file a claim on their child’s behalf as soon as possible.

In cases involving children, the parents must hire an attorney for their case to be appropriately considered by the court. If you choose not to hire an attorney for your child’s case, you run the risk of the case being thrown out or settlements being denied. This can happen because the court feels that without proper representation, the decisions being made for the child may not be in their best interests.

Additionally, Texas courts will typically appoint a court-appointed guardian, or ad litem, to ensure that both the attorney and the parents act in the child’s best interests. The job of the ad litem is to review any relevant documents and make sure all court procedures are being followed to the letter of the law. They also serve to protect children whose parents may be tempted to take a settlement that benefits their needs rather than those of the child.

Partner with the Trusted Car Accident Attorneys at Sutliff & Stout

If your child sustained an injury in a car accident due to another party’s negligence, there is no need to suffer alone. As one of Houston’s most trusted personal injury firms, the attorneys at Sutliff & Stout know the ins and outs of Texas law and are equipped to help you and your child build a solid claim. Our attorneys are committed to taking a personal approach to every case to reach the best possible outcome for you and your child. Give our office a call at (713) 987-7111 or complete our contact form today to schedule a free consultation.

About the Author

Hank Stout co-founded Sutliff & Stout, Injury & Accident Law Firm, to protect and pursue the rights of people who were harmed by the carelessness of others. Mr. Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel. To learn more, read Hank's full bio here.

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