Our Personal Injury Lawyers Share How You Can Protect Your Child’s Rights
As a parent, nothing is more heartbreaking than seeing your child injured. At Dortch Lindstrom Livingston Law Group, we understand the challenges parents face when dealing with personal injury claims for minors. Contact us today to learn how our personal injury lawyers can help protect your child's future.
Understanding the Different Types of Personal Injury Cases Involving Minors
Our personal injury firm has extensive experience handling a wide range of cases nationwide. Some of the most common claims involving minors that we see include:
Birth injuries
These can have lifelong consequences, affecting not just the child but the entire family. Birth injury cases often involve complex medical malpractice laws and require expert testimony. From cerebral palsy to brachial plexus injuries, we work tirelessly to ensure families receive the compensation needed for ongoing care and support.
Car accidents
When a child is involved in a car accident, the stakes are even higher. Insurance companies may try to minimize payouts—arguing that children heal faster or that long-term impacts are unclear. We fight aggressively against such tactics to project long-term care needs and impacts on future earning capacity.
Daycare abuse
Daycare abuse is a particularly distressing form of personal injury that can have long-lasting impacts on a child's development and well-being. We approach these sensitive cases with the utmost care, working to hold negligent facilities accountable while ensuring the children receive the support and care they need to heal and thrive.
Sexual assault
We handle these cases with the utmost discretion and sensitivity, working closely with mental health professionals and child advocacy groups to ensure your child receives the support they need throughout the legal process.
Sports injuries
Was it simply part of the game, or was there negligence involved? We look at factors such as proper supervision, equipment maintenance, and adherence to safety protocols. Remember, signing a waiver doesn't always absolve organizations of all responsibility, especially in cases of gross negligence.
Regardless of the type of injury, Dortch Lindstrom Livingston Law Group is committed to securing a settlement that truly reflects the full extent of your child's injuries and future needs. Although the vast majority of personal injury cases are settled out of court, we will be prepared to go to trial if it’s necessary to provide your child with the compensation they deserve.
Statute of Limitations for Cases That Involve Children
The statute of limitations outlines how long you have to file a personal injury claim. This varies from state to state. For example, in Texas, where our offices are located, the statute of limitations for personal injury claims is two years from the date of injury.
When it comes to personal injury claims involving minors, however, time is both your ally and your enemy. In most states, the statute of limitations is "tolled" or paused until the child reaches the age of majority. If you were in Texas, for example, you’d have two years after your child turns 18—which means you could file the claim at any time before their 20th birthday.
Even though the statute of limitations gives you several years to take action, waiting too long can lead to lost evidence and faded memories. Dortch Lindstrom Livingston Law Group advises parents to act promptly. Building a strong case is easier when the evidence is fresh and witnesses' recollections are clear. Don't let the extended deadline lull you into a false sense of security.
Guardians Ad Litem in Minor Injury Cases
In many jurisdictions, the court appoints a guardian ad litem to represent the child's best interests in legal proceedings involving minors. A guardian ad litem is an independent party, separate from the parents and the attorneys involved in the case. Their primary responsibility is to advocate for the child's best interests—which may sometimes differ from the wishes of the parents or the strategies of the attorneys. This individual is typically an experienced attorney or a trained professional with expertise in child welfare.
Key responsibilities of a guardian ad litem include:
- Investigating the circumstances of the case
- Interviewing the child, family members, and other relevant parties
- Reviewing medical records and other pertinent documents
- Assessing the child's current needs and potential future requirements
- Providing recommendations to the court about settlement offers and case resolutions
At Dortch Lindstrom Livingston Law Group, we recognize the vital role that a guardian ad litem plays in ensuring justice for injured children. Our team works collaboratively with these professionals, providing them with all the necessary information and insights to help them make informed recommendations.
We also understand that the involvement of a guardian ad litem can sometimes be intimidating for parents. That's why we take the time to educate our clients about this role, explaining how it impacts the legal process and why it's ultimately beneficial for their child. We help parents prepare for interactions with the guardian ad litem and guide them on how to effectively communicate their concerns and wishes.
Structured Settlements for Minors
A structured settlement is a financial arrangement that provides payments over time instead of a lump sum. For minors, this approach offers several advantages:
Long-term financial security
By spreading payments over an extended time period, a structured settlement ensures that money is available for future needs, such as ongoing medical care.
Protection from mismanagement
Structured settlements safeguard against the risk of funds being quickly depleted due to mismanagement or impulsive spending when the child reaches adulthood.
Tax benefits
In many cases, the growth of funds in a structured settlement is tax-free—maximizing the benefit to the child.
Customizable payment schedules
Settlements can be structured to provide larger payments at key life stages, such as when the child starts college or reaches adulthood.
Guaranteed income
Unlike lump sums invested in volatile markets, structured settlements provide a guaranteed income stream and the promise of financial stability.
At Dortch Lindstrom Livingston Law Group, we have extensive experience setting up structured settlements. We understand that each case is unique, and we work diligently to create plans that balance immediate needs with long-term security. In cases where there are pressing needs, we can often negotiate for a portion of the settlement to be paid as a lump sum, with the remainder structured for future payments.