Child injury cases are different from adult cases in almost every respect. The legal deadlines are different. The damages are different — future medical care and future earning capacity can dwarf the immediate medical bill. Settlement procedures are different — most require court approval before any money changes hands. And the emotional weight is different, because the case is about your kid.
We approach these cases with the structure they require. The goal isn't just to close out a claim — it's to make sure the child is protected, financially and otherwise, for everything that comes next.
Texas child injury law in plain English
Texas tolling means a child legally has years to file — but waiting is almost always a bad idea. Witnesses scatter, surveillance video gets overwritten, medical records get harder to assemble, and memory of the incident fades. The earlier we get involved, the cleaner the case stays.
Common Texas child injury cases we handle
- Car accidents (passengers, pedestrians, struck while cycling)
- Dog bites and animal attacks
- School and daycare negligence
- Playground and recreation equipment injuries
- Premises hazards (pool drownings, falls)
- Defective toys and product injuries
- Sports-related injuries due to negligence
- Birth injuries
Compensation we pursue for a child's case
Child cases have a longer tail than adult cases. We document not just what the injury costs today but what it will cost the child over a lifetime.
- Current and future medical care
- Surgical and reconstructive procedures
- Rehabilitation and ongoing therapy
- Mental health treatment (PTSD is common after child injuries)
- Future earning capacity reduction
- Pain and suffering
- Disfigurement and disability damages
- Educational accommodations and special services
How a Texas "friendly suit" or minor settlement works
Even if a child's case settles without a trial, Texas law typically requires the court to approve the settlement to ensure the minor's interests are protected. This often involves:
- Court appointment of an Ad Litem attorney to independently evaluate the settlement
- A "friendly suit" hearing where the judge reviews the terms
- Funds typically placed in a court-supervised registry, structured annuity, or trust until the child reaches majority
We've walked many families through this process. It feels procedural but it's a real protection — it makes sure no one takes advantage of the child's recovery.
Frequently asked questions
Who files a personal injury lawsuit when the victim is a child?
A parent or legal guardian files the suit on the child's behalf, typically as "next friend" under Texas Rule of Civil Procedure 44. Settlements involving minors usually require court approval to ensure the child's interests are protected.
How long does my child have to file a Texas personal injury claim?
Under Texas Civil Practice and Remedies Code § 16.001, the statute of limitations is tolled (paused) for minors. The two-year clock generally begins running on the child's 18th birthday, giving them until age 20 to file. Parents should still act early — evidence and witness memory degrade fast.
Where does the settlement money go?
Settlement proceeds for a minor are not just handed to the parent. They're typically placed in a court-supervised registry, a structured annuity, or a trust until the child reaches majority. Some courts allow disbursements for documented medical care and education in the interim.
My child was hurt at school or daycare. Can I sue?
Possibly — but it depends on whether it was a public school, a private school, or a daycare, and whether the injury resulted from negligence vs. a foreseeable accident. Public school claims involve Texas Tort Claims Act limitations; private and daycare claims work more like standard negligence. Call us with the facts.