Children are some of the most common dog bite victims in Texas, with statistics showing that minors account for at least half of all reported dog bite injuries in the state. When a financial settlement or jury verdict is entered in favor of an injured minor in a dog bite case, state law has specific requirements for protecting the child’s financial interests. Make sure to speak with an experienced San Antonio dog bite lawyer for legal guidance.
A Judge Must Sign Off on the Settlement
Most dog bite injury claims and other types of personal injury cases in Texas reach settlements. A settlement is a private agreement between an insurance company and a claimant to resolve a legal dispute outside of court. When the injured party is a child under the age of 18, however, a judge must sign off on a settlement agreement before it is deemed legally valid.
This rule does not mean that all childhood dog bite injury cases must go to court. Instead, settlement paperwork must be sent to a judge for review and approval. Typically, this rule only applies to settlements that are valued at $25,000 or more. Parents may be able to sign off without court approval on smaller settlements in Texas.
Settlement Funds Are Preserved for the Injured Child
If the court approves a settlement for a minor as part of a dog bite claim, any funds distributed must be protected to ensure they are available for the child’s benefit and not used elsewhere by others.
Restricted Bank Account
To help ensure the child’s long-term financial well-being, settlement funds may be distributed into a special account for safekeeping, such as a blocked or restricted bank account. This type of account cannot be accessed until the minor reaches the age of 18.
Structured Annuity
Another common choice is a structured settlement annuity. This is a good option for large settlements. With this arrangement, an annuity is purchased with the settlement funds. The annuity will then provide regular payouts to the child or the child’s family over time. These payments can begin immediately to pay for current expenses or be deferred until the child reaches adulthood (it is up to the family).
Settlement Preservation Trust
A more flexible choice is to set up a settlement preservation trust for the child. This type of trust can be managed by a professional to help grow the account through investment opportunities. It is an especially popular option for large settlements or children who have ongoing medical needs from a dog attack.
Statute of Limitations for Child Plaintiffs in Texas
When a dog bite injury case involves an injured minor, it can come with a different statute of limitations or deadline for filing. While typical personal injury cases in Texas must be brought within two years, an injured minor has two years from the date that he or she turns 18 (until age 20). If parents wish to file on behalf of an injured child, however, they have two years from the date of the dog attack.
When Can a Pet Owner Be Held Liable for a Child Dog Bite Injury in Texas?
Pet owners are not automatically held liable for injuries caused by their dogs in Texas. Instead, state law requires proof that the pet owner was negligent or that the owner knew or reasonably should have known of the dog’s propensity for viciousness, yet did nothing to prevent the attack on the child. This is known as a “one-bite rule.”
How to File a Claim on Behalf of Your Injured Child in Texas
If your child suffered an injury in a violent dog attack in Texas, contact Hill Law Firm Accident & Injury Lawyers without delay for a free review of your case and discussion of your family’s legal rights. You may be eligible for financial compensation from the pet owner or another party. We can help you navigate all of Texas’s related laws, including explaining how settlements for minors are handled. Contact us today.