What Happens If a Child Is Injured in a Car Accident?
Few situations are more frightening for a parent than seeing their child injured in a car accident.
In addition to seeking immediate medical care, parents often have questions about who can file a claim, how medical expenses are paid, and what happens if the child receives a settlement.
Because minors generally cannot file lawsuits or enter into legally binding settlement agreements on their own, a parent or legal guardian typically brings the claim on the child’s behalf. In some cases, Texas law may also require court approval before settlement funds can be distributed.
Can a Parent File a Personal Injury Claim for a Child?
Yes.
If a child is injured because of another person’s negligence, a parent or legal guardian can generally pursue a personal injury claim on the child’s behalf.
Depending on the circumstances, compensation may be available for:
- Medical expenses
- Future medical care
- Pain and suffering
- Physical impairment
- Permanent disability
- Other damages recognized under Texas law
Every case is unique, and the available damages depend on the specific facts of the accident.
What Is a Friendly Suit?
A friendly suit is a legal proceeding in which a Texas court reviews and approves a proposed settlement involving a minor.
Although the parties have already agreed to resolve the claim, court approval helps ensure that the settlement is fair and that the child’s interests are protected.
Rather than resolving a dispute between two opposing sides, the purpose of a friendly suit is to provide independent judicial oversight before settlement funds are distributed.
Why Is a Friendly Suit Necessary?
Children cannot legally approve settlements on their own.
A friendly suit helps protect injured minors by ensuring that:
- The settlement amount is fair.
- The child’s legal rights are protected.
- Settlement proceeds are distributed appropriately.
- The funds are used for the child’s benefit.
The process provides an additional layer of protection for families and helps ensure that compensation serves the child’s long-term interests.
What Is a Guardian Ad Litem?
In many friendly suits, the court appoints a guardian ad litem.
A guardian ad litem is an independent attorney whose responsibility is to represent the child’s best interests during the settlement approval process.
The guardian ad litem typically reviews:
- The proposed settlement
- Medical records
- The child’s injuries
- Attorney’s fees and case expenses
- How settlement funds will be distributed
The guardian ad litem then provides recommendations to the court before a judge decides whether to approve the settlement.
What Happens to the Settlement Money?
The court determines how settlement funds should be handled based on the circumstances of each case.
Depending on the child’s needs, funds may be:
- Deposited into a restricted account
- Placed into a trust
- Structured through periodic payments
- Used to pay approved medical expenses
- Preserved until the child reaches adulthood
The court’s primary goal is to ensure the money benefits the injured child.
Why Court Approval Protects Families
Although the process may seem complicated, court approval exists to protect children.
For example:
Serious Injuries
If a child suffers permanent injuries or requires lifelong medical care, the court can help ensure that settlement funds remain available for future needs.
Divorced or Separated Parents
When parents are divorced or separated, court oversight helps ensure that settlement proceeds belong to the child rather than either parent individually.
Financial Protection
Judicial approval helps reduce the risk that settlement funds could be improperly distributed or spent for purposes unrelated to the child’s care.
What Should Parents Do After a Child Is Injured?
If your child has been injured in a car accident or another incident caused by someone else’s negligence, consider taking the following steps:
- Seek immediate medical attention.
- Follow all recommended treatment plans.
- Keep copies of medical records and bills.
- Preserve photographs and other evidence.
- Obtain witness information if available.
- Report the accident to the appropriate insurance company.
- Speak with an experienced personal injury attorney before accepting a settlement offer.
Early legal guidance can help protect your child’s rights throughout the claims process.
Why Choose Herrman & Herrman P.L.L.C.?
Cases involving injured children often require additional legal procedures designed to protect a minor’s future.
At Herrman & Herrman P.L.L.C., we help families understand the claims process, negotiate with insurance companies, and guide parents through every stage of a minor injury case—including friendly suit proceedings when court approval is required.
Our commitment is simple:
Always Putting YOU First!
Frequently Asked Questions
What is a friendly suit in Texas?
A friendly suit is a court proceeding used to review and approve certain settlements involving injured minors or other individuals who cannot legally settle claims on their own.
Why does a child need court approval for a settlement?
Because minors generally cannot legally enter into settlement agreements, court approval helps ensure the settlement is fair and protects the child’s interests.
What is a guardian ad litem?
A guardian ad litem is an attorney appointed by the court to independently evaluate whether a proposed settlement serves the child’s best interests.
Can parents keep their child’s settlement money?
Settlement funds are intended to benefit the injured child. The court determines how the funds should be managed and distributed based on the circumstances of the case.
What happens if my child is injured in a car accident?
Seek medical attention immediately, document the accident, preserve evidence, notify the appropriate insurance company, and consider consulting an experienced personal injury attorney to understand your legal options.
Does every child injury settlement require a friendly suit?
Not necessarily. Whether court approval is required depends on factors such as the amount of the settlement, the nature of the claim, and applicable Texas law.
How long does a friendly suit take?
The timeline varies depending on the court, the complexity of the case, and scheduling requirements.
Can a parent file a lawsuit for a minor child?
Yes. In most situations, a parent or legal guardian may pursue a personal injury claim on behalf of an injured minor.
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the procedures that apply to a minor’s injury claim may vary depending on the specific facts and applicable Texas law.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.
If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Dallas, Brownsville, McAllen, San Antonio, Austin, Houston, and Ft. Worth, TX.
We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.
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