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.

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.

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. 

    Free Case Evaluation
    For immediate assistance, please call us at (210) 404-4878.

     

    Collecting in a Friendly Suit in Texas

    Friendly Suit in TexasOnce the offer gets accepted, the money is placed in a bank account the court controls called a Court Registry. Friendly suit settlement money is typically held in the court registry until the child turns 18. This is to keep the minor from spending the money inappropriately. It’s also to make sure the money goes to the injured child, and not to the child’s parents or guardians.

    The court can also opt to place the money in an annuity set aside for personal injury claimants. This option offers the child a structured payout over a certain period of time.

    In either case, the money will earn interest until the child is of age. The annuity is a popular option, as it will provide your child with a monthly income instead of giving the child a massive windfall at the age of 18. 

    Other Settlement Options for Texas Children

    If the child is close to the age of 18 they may consider waiting to file a lawsuit on their own behalf. This will be a matter of strategy, since waiting too long could destroy evidence and make it more difficult to prove the child’s claim.

    Keep in mind that your minor child’s medical bills are still your responsibility, and thus would generally be included in your personal injury suit as a parent.

    Eric Ramos Law, PLLC Reviews

    Get to Know Us

    We are a small firm that is big on service, proudly assisting clients throughout San Antonio, including Alamo Heights (78209), Stone Oak (78258), Downtown San Antonio (78205), and Southtown (78210). As your dedicated personal injury attorney, we remind ourselves to “treat our clients like we treat our family.” Let’s sit down and chat to see if we’re a fit for your needs. Even if we can’t help with your case, we’ll gladly point you in the right direction and get you back on the road to recovery. Call us today at (210) 404-HURT.

    Contact Us

    If you or a loved one has been injured due to someone else's negligence, don’t hesitate to reach out to us. At Eric Ramos Law, PLLC, our dedicated team is here to listen, answer your questions, and provide the legal guidance you need. If you’re seeking information about our personal injury practice areas in San Antonio or want to discuss your case with a San Antonio injury law firm you can trust, we encourage you to contact us today. Let us help you take the first step toward obtaining the compensation you deserve.

    Eric Ramos Law, PLLC

    Personal Injury Lawyer San Antonio

    Office

    7979 Broadway #207, San Antonio, TX, 78209

    Phone

    (210) 404-4878

    Hours

    Monday: Open 24 hours

    Tuesday: Open 24 hours

    Wednesday: Open 24 hours

    Thursday: Open 24 hours

    Friday: Open 24 hours

    Saturday: Open 24 hours

    Sunday: Open 24 hours

    GET THE REPRESENTATION YOU NEED TODAY

    Fill out the form to get started with your free evaluation of your Texas Friendly Suit.