Friendly Suits: Personal Injury Claims for Minors

Texas law allows settlements for children in car accident cases. These are called commonly referred to as “friendly suits,” since the minor doesn’t have the legal capacity to file the suit directly. Instead, the parents or relatives of the child ask the court to appoint a guardian ad litem on the child’s behalf.

The guardian ad litem is an attorney who is there to protect the best interests of your child. The parent or relative of the child will be classified as the child’s “next friend.”

The guardian ad litem will not be your personal injury party. This person must be a neutral third party appointed by the court to protect your child’s interest in any personal injury settlement.

A Personal Injury Lawyer Can Help

If your child has a claim for a car accident, slip and fall, or other injury, anywhere in Texas, contact Texas personal injury attorney Eric Ramos for a free consultation.

Settlement Offers for Children in Texas

The child’s guardian ad litem will review any settlement offers and determine whether accepting these offers is in the child’s best interest. The guardian ad litem takes the recommendation back to the next friend. The court will then schedule a ‘minor settlement hearing,’ which allows the judge to review the settlement. In cases involving complex medical issues, such as those requiring a birth injury lawyer in Texas, these hearings play a critical role in ensuring the child’s best interests are prioritized.

The minor settlement hearing simply gets the matter in front of a judge. The judge and the attorneys ask a few questions and go over the records. These hearings are also known as “prove up” hearings, as they’re designed to help the court determine whether the settlement really is in the child’s best interest.

The judge may accept the settlement, demand a reconsideration of the settlement, or order the case to trial.