Texas Child Injury Claims: What Parents Need to Know
When a Child Is Hurt, Everything Changes
When a child is hurt, the rest of life tends to blur. You are suddenly juggling emergency rooms, doctors, scared siblings, and your own fear. After those first long days and nights, another set of worries usually shows up. You start to wonder how this injury will affect your child’s future, how you will pay for treatment, and whether someone’s careless choice put your child in this position. If that sounds familiar, you are not alone, and you do not have to try to figure out the legal side by yourself.
How Parker Law Firm Helps Families
I am Brad Parker, the attorney you want but hope you never need. At Parker Law Firm, we work with families across the Bedford and Fort Worth area who never expected to be calling a personal injury lawyer about their child. Our job is to explain your options in plain language, help you protect your child’s legal rights, and deal with the insurance companies and legal details so you can focus on caring for your child.
Understanding Personal Injury Claims for Minors in Texas
When we talk about a personal injury claim for a minor in Texas, we mean a legal process that holds a careless person or business responsible for harming a child and helps secure money for the child’s medical needs and future. A minor is anyone under 18. While children cannot file lawsuits on their own, they do have legal rights when injured by someone else’s negligence, meaning carelessness that causes harm. This can involve a distracted driver, a landlord who ignores unsafe conditions, a store that creates hazards, or a dog owner who fails to control an aggressive pet. These cases often arise from car and truck crashes, premises liability, or building code violations, depending on how the injury occurred.
Filing a Claim on Behalf of a Child
The Role of a Next Friend
Because a child cannot bring a case on their own, Texas law allows an adult to file the claim for them as a “next friend.” In most families, this is a parent or a court-appointed guardian. The person acting as next friend signs the paperwork, talks with the attorneys, and makes decisions along the way. Even so, the claim still legally belongs to the child. Courts in Texas pay close attention to these cases. Judges want to be sure every choice that is made is in the child’s best interest, not the convenience of an insurance company or the financial needs of an adult. That can feel a little strange as a parent, because it means the court will look closely at what you and your lawyer do, how the settlement is divided, and how the money for your child will be protected. We help you understand that scrutiny ahead of time and work with you to show clearly what expenses you have paid for your child and what funds need to be set aside for your child’s future.
Deadlines and Timing in Minor Injury Cases
Parents’ Claims for Medical Bills
One of the most confusing parts of a minor’s personal injury claim is timing. You may have heard that Texas has a two year deadline for injury lawsuits. There is some truth to that, but when a child is involved the rules are not that simple and they can be affected by the type of claim and other factors. In many Texas personal injury cases, the claim for the child’s past medical bills actually belongs to the parents, because parents are legally responsible for those bills.
That part of the claim often must be brought within a relatively short deadline that is commonly around two years from the date of the incident. If that deadline passes and a lawsuit has not been filed, the parents’ right to reimbursement for those medical bills can be lost. Families sometimes assume they can wait until their child turns 18 to think about a claim and later learn the window to recover for those medical expenses has already closed.
Tolling of a Child’s Personal Claims
The child’s own claims, such as pain, suffering, mental anguish, physical impairment, or disfigurement, usually follow different timing rules. In many Texas cases, the legal deadlines for the child’s personal claims are paused until the child turns 18. Lawyers call this “tolling.” That means a child who was hurt at 10 years old may have the ability to bring certain types of claims as a young adult. But waiting just because the law might allow it is almost always a bad idea.
Evidence can be lost, witnesses can move, and memories can fade. A delay can also leave the family stuck with a large amount of medical debt. Because timing is so fact specific and the rules can change, the safest thing you can do is talk with a Texas personal injury lawyer as soon as possible about your child’s situation. Deadlines can be short and very unforgiving, and you do not want to gamble with your child’s rights.
A Parent’s Role After a Claim Begins
Once you decide to move forward, your role as a parent shifts a bit. You are still your child’s protector, but now you are also the person who helps protect your child’s legal claim. That means staying in touch with your lawyer, helping gather medical records, keeping track of appointments and out-of-pocket expenses, and being available for any hearings. It can feel uncomfortable to have a court reviewing what your family is doing, but remember the court’s goal is the same as yours. The judge wants to be sure your child’s future is protected and that any settlement your child receives is fair and safe.
Guardian Ad Litem and Court Oversight
In many cases involving a minor, the judge will appoint a Guardian Ad Litem, often called a GAL. A GAL is a neutral local attorney who is not on your side or the insurance company’s side. Their job is to carefully review the facts, the proposed settlement, the attorney’s fees and costs, and any medical liens or outstanding balances. Then they give the judge their opinion on whether the settlement is fair and in the child’s best interest. As a parent, you might worry that this person is there to question your parenting or stand in your way.
In reality, a good GAL can be an important part of your child’s safety net. They help confirm that the settlement is appropriate and that the structure of the payout will genuinely help your child in the long run. At Parker Law Firm, we prepare our clients for this process and stand with you at the final “prove up” hearing, where the judge reviews everything and either approves or rejects the settlement. The goal is a result that is stable and as secure as the law can make it.
Types of Damages in Child Injury Cases
Economic Harm
When a child is injured, the law looks at two broad kinds of harm. The first is economic harm, which usually involves money you have already had to spend or are likely to spend. That can include hospital bills, doctor’s visits, physical therapy, counseling, medical equipment, and in more serious cases, future surgeries or long-term care. If your child has an injury that may affect growth, brain development, mobility, or daily activities, it is especially important to look closely at future medical needs. In more serious cases we often consult with doctors or life care planners to help estimate what your child will need over the coming years.
Non-Economic Harm
The second type is non-economic harm. This is the very real impact the injury has on your child’s life beyond the bills. It includes physical pain, emotional distress, scarring, changes in how they walk or move, and the way an injury might affect their confidence or activities. A permanent scar on a child’s face, a limp from a fall, or ongoing fear and anxiety after a crash can all change the course of a young life. Money can never erase that, but it can help pay for counseling, treatment, and support and it is the only way the civil justice system has to recognize those losses. In some serious cases involving very reckless conduct, Texas law may also allow for punitive or exemplary damages to punish especially dangerous behavior. Whether that is available depends on the specific facts of the case.
How Minor Settlements Are Handled in Texas
When a minor’s injury claim settles, the money is not simply paid to the parents. Texas courts closely supervise how a child’s settlement funds are handled. Judges typically require the funds to be placed in a restricted account under court control or in a structured settlement designed for minors. If the money is held in the court’s registry, it is kept in an interest-bearing account and can only be accessed with a court order that clearly benefits the child.
For larger settlements, families often choose a structured settlement that releases funds over time after the child becomes an adult. Portions may be available at ages such as 18, 21, or 25 to align with milestones like education or early adulthood. The goal is to protect the funds and ensure they support the child’s long-term needs. We help design a plan that fits your child’s situation and present it to the court for approval.
What Parents Should Do After a Child Is Injured
While all of this may sound complicated, the first steps after your child is injured are actually very basic.
- Get prompt medical care and follow the doctor’s instructions closely.
- If it is safe to do so, take photos or videos of the scene, the hazard, and your child’s injuries.
- In cases involving possible premises liability or building code violations, such as broken stairs, missing railings, unsafe balconies, or unfenced pools, conditions can be fixed quickly after an incident. Photos taken right away can help show what existed at the time and whether safety rules were ignored.
- Write down the names and contact information of any witnesses.
- Keep a folder with every bill, discharge summary, and medical note you receive.
Many parents also keep a simple journal tracking their child’s pain levels, missed school or activities, sleep problems, and emotional changes. These day-to-day details can fade with time, but they can later help explain to an insurance adjuster or a jury what your child has gone through.
Choosing the Right Lawyer for a Child Injury Case
The next step is speaking with an experienced Texas personal injury lawyer who regularly handles child injury cases. These claims involve added complexities such as tolling, guardianship issues, and court oversight, and not every lawyer is familiar with how to structure a minor’s settlement or work with a Guardian Ad Litem. I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and have handled a wide range of serious injury cases. At Parker Law Firm, we treat you like family, explain the process in plain English, and fight for a fair outcome. We work on a contingency fee basis, meaning there is no attorney’s fee unless we recover compensation for you.
Dealing With Insurance Companies
You should also know that insurance companies often move very fast once a child is hurt. An adjuster may call, offer a quick settlement, or ask you to sign medical releases and other paperwork. It can be tempting to accept something just to get the ordeal over with, especially when you are exhausted and scared. The problem is that early settlements rarely reflect the full impact of an injury, especially for a child whose body and brain are still developing. Before you sign anything or give a recorded statement, talk with a lawyer who is looking out for your child, not for the insurance company’s bottom line.
Building Code Violations and Unsafe Property
Many child injury cases in Texas involve unsafe property conditions. Families often have questions about building code violations, who may be responsible, and whether a claim can be brought when a child is hurt at an apartment, rental home, or business. These cases depend on the specific code requirements, what the property owner knew, and how the injury occurred. Evidence such as photos, inspection reports, and repair records can be critical. Deadlines for building code related claims can be short and may vary depending on whether the defendant is a private owner or a government entity, which is why it is important to speak with an attorney as soon as possible if a code violation may be involved.
Taking the Next Step
If you are reading this because your child was hurt, I know this is a frightening and lonely place to be. You do not have to carry it alone. Our team at Parker Law Firm is here to answer your questions, help you understand your options, and stand between your family and the insurance company. Our work is about seeking justice and building as much security as the law allows for your child’s future. You are welcome to call us for a free consultation. We will listen to your story, talk through the Texas statute of limitations personal injury rules that might apply, discuss how a minor’s claim works in Tarrant and Dallas counties, and help you decide what makes sense for your family.
Legal Disclaimer
This information is for general purposes only and does not create an attorney–client relationship. Every case is different. To get legal advice about your specific situation, you should speak directly with a licensed Texas attorney.
