Friendly Suits
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.
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.
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.
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For immediate assistance, please call us at (210) 404-4878.
Highly Rated Personal Injury Attorney in San Antonio, Texas
Eric Ramos Law, PLLC is located on 7979 Broadway #207, 78209, San Antonio, Texas. From San Antonio International Airport (SAT) Head east on S Terminal Dr then Slight left onto E Terminal Dr then Continue onto Airport Blvd then Turn left onto I- 410 Access Rd/NE Interstate 410 Loop and Turn right onto Broadway then Turn right and Turn right. Destination will be on the left.
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