There are, unfortunately, many times when a minor is injured in an accident. As minors cannot typically represent their own interests, it is oftentimes up to the parents or legal guardians to bring a claim or a lawsuit on their behalf.
When a minor child is involved in a car accident, the situation can be complex and may involve legal and financial considerations. Here are some of the things that may happen:
- Medical attention: The child may need medical attention immediately following the accident. Emergency services should be called if necessary.
- Legal considerations: Depending on the circumstances of the accident, there may be legal considerations to take into account. For example, if the accident was caused by the negligence of another driver, the child and their family may be able to file a personal injury claim.
- Insurance coverage: Insurance coverage can be complicated when a minor is involved in an accident. If the child was a passenger in a vehicle, the insurance of the driver of the vehicle they were in may cover any injuries sustained by the child. If the child was a pedestrian or on a bicycle, their own family’s car insurance or homeowner’s insurance may provide coverage.
- Custody issues: If the parents of the child are separated or divorced, custody issues may need to be addressed. For example, if one parent was not present at the time of the accident, they may need to be informed and involved in any decisions regarding the child’s medical care or legal matters.
- Emotional support: A car accident can be a traumatic experience for anyone, but it can be especially difficult for a child. It’s important for the child to receive emotional support and care during and after the accident.
Overall, the specific circumstances of the accident will determine what happens when a minor child is involved. It’s important to seek legal advice and consult with insurance providers as necessary.
What is a Friendly Suit?
Once there has been a settlement or judgment, if it is a sizable amount, the party paying the settlement or judgment may require what is called a “friendly suit” before they disburse the money to the minor child.
A friendly suit, also known as a friendly action or friendly litigation, is a legal term used to describe a lawsuit that is filed by parties who are in agreement or who have no adversarial issues between them.
In a friendly suit, the parties involved seek to have a court make a decision on a particular legal issue, typically with the goal of clarifying or validating the parties’ rights or obligations. The parties involved in a friendly suit may include individuals, businesses, government entities, or other organizations.
Examples of situations where a friendly suit may be used include cases where parties want to settle a dispute outside of court but need a court order to do so, or where parties want to ensure that a particular course of action is legal or valid before proceeding.
Overall, friendly suits are an important tool for resolving legal disputes in a peaceful and cooperative manner, as they can help to avoid costly and adversarial court battles.
More Information About Friendly Suits
A friendly suit requires the person making the claim to bring suit against the adverse party in an accident. The parties then let the court know that the case has settled. The court will appoint an attorney, known as a guardian ad litem, to represent the interests of the minor child. Essentially, this person’s job is to make sure that the settlement is fair to the minor and that all the money is being disbursed to the appropriate parties for the appropriate amounts. If the guardian ad litem is satisfied with the settlement, then the parties can determine what the best approach is for the minor to receive the settlement funds.
Many clients feel like this is a process that is overly complicated. It is in place to ensure that minors receive the settlement money that they have a right to due to any injuries they may have incurred. For example, if a minor is permanently disabled and has a sizable settlement, it is not in the minor’s best interest for anyone else to have access to the money without court intervention. This ensures that they will have money available to them for the foreseeable future in order to cover any future medical care they may need.
Another example would be if the minor’s parents are divorced. We do not want a system in which the parent that brings the claim on behalf of the child receives a monetary reward while the other doesn’t; this would cause unnecessary court battles and stress amongst families. The system in place ensures that the money is the minor child’s and for their benefit alone, either to see to their medical needs or to be given to them once they become an adult.
Though friendly suits may seem unnecessary, they are in place to protect those children who may not be able to speak for themselves. They ensure that money awarded for injuries and pain and suffering goes to the party that deserves it.
It is always helpful to have experienced legal counsel to guide you through this process. This is to help ensure that all of the appropriate steps are taken to ensure the best outcome for the child. If you have dealt with an injury to a minor, please feel free to call Herrman & Herrman, P.L.L.C. for a free case consultation today.
ABOUT HERRMAN & HERRMAN P.L.L.C.
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 contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding 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, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth, TX.
We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering 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.
