Can I Bring a Personal Injury Claim on Behalf of a Child?

When a child suffers injuries due to someone else’s negligence, parents often wonder if they can pursue legal action on their child’s behalf. The answer is yes—parents and legal guardians can bring a personal injury claim on behalf of a child in Texas. Contact Campos Law Group at (512) 233-6947 to schedule a free consultation with a trusted personal injury lawyer who can help protect your child’s rights and future.

Personal Injury Claims Involving Children

Children face unique risks in their daily activities, and injuries can occur in places where they should be safe. From playground accidents to auto collisions, minors may suffer harm that requires legal intervention to ensure they receive adequate compensation for their injuries and future needs. Personal injury claims involving children frequently involve:

• Car accidents
• Dog bites
• Playground injuries
• Swimming pool accidents
• Daycare negligence
• School bus accidents
• Defective toy injuries
• Sports-related injuries
• Negligent security
• Slip and fall incidents

Children cannot legally file claims themselves, making adult intervention necessary to protect their interests. The compensation recovered can help cover medical expenses, ongoing treatment, and other damages that may affect the child’s development and future opportunities.

Can I Bring a Personal Injury Claim on Behalf of a Child in Texas?

Parents or court-appointed legal guardians have the authority to file personal injury claims for minors under their care. If parents are divorced, typically the parent with legal custody has the right to pursue the claim. However, both parents may need to be involved in settlement discussions. When no parent or guardian is available, the court may appoint a guardian ad litem to represent the child’s interests in legal proceedings.

Time Limits for Filing a Child Injury Claim

Personal injury claims are generally to be filed within two years of the injury date. However, Texas law tolls (pauses) the statute of limitations for children until they reach age 18, giving them until their 20th birthday to file a claim. However, waiting years to pursue a claim can make evidence harder to gather and witnesses more difficult to locate, so parents should consider taking action promptly to preserve their child’s rights.

Damages in Child Injury Cases

Children suffering injuries may face long-term consequences affecting their physical, emotional, and educational development. The law recognizes that minors deserve compensation for immediate and future impacts of their injuries, allowing recovery for various types of damages, including:

• Medical expenses (past, current, and future)
• Pain and suffering
• Physical impairment or disfigurement
• Mental anguish
• Lost earning capacity
• Educational expenses
• Therapy and counseling costs

Courts take special care when evaluating damages for children, considering how injuries might affect their growth, development, and future opportunities. Expert testimony often plays a significant role in establishing the long-term financial impact of a child’s injuries.

What Happens to Personal Injury Settlements for Children?

Texas law provides specific protections for settlements involving minors to ensure the funds benefit the child rather than being misused. Settlements exceeding $25,000 require court approval through a process called “friendly suits,” where the court reviews the settlement terms to verify they serve the child’s best interests. Settlement funds may be placed in:

• Court-supervised trust accounts
• Higher education savings plans
• Structured settlement annuities
• Court registry accounts
• Guardianship accounts
• UTMA custodial accounts

The court decides how settlement funds should be managed, taking into account both the amount awarded and the child’s unique needs. In most cases, parents are not allowed to access the money directly, since the law prioritizes safeguarding the minor’s financial interests until they become an adult.

Why Should You Hire a Child Injury Lawyer?

Pursuing a personal injury claim on behalf of a child involves unique legal requirements and procedures that differ from adult cases. An experienced attorney understands the specific protections Texas law provides for minors and can help ensure your child receives fair compensation. Benefits of working with a child injury lawyer from Campos Law Group:

• Experience with court approval processes
• Ability to calculate long-term damages
• Understanding of settlement protection requirements
• Skill in negotiating with insurance companies
• Access to medical and financial experts

Insurance companies frequently try to minimize settlements for children, knowing that families may be eager to resolve claims quickly. Having legal representation balances the scales, helping to ensure your child’s future needs are fully considered in any settlement negotiations.

Protecting Your Child and Securing Their Future

If your child has suffered injuries due to someone else’s negligence, taking legal action can help secure the resources needed for their recovery and future well-being. Schedule your free consultation with an experienced personal injury attorney at Campos Law Group by calling (512) 233-6947 or reaching out online. Our team can evaluate your case and guide you through the process of seeking justice for your child.

Call our the team of experienced lawyers at Campos Law Group Personal Injury Attorneys for a free consultation, and take the first step towards getting the support you deserve.

We serve all throughout Texas. Visit our law office at:

Campos Law Group Personal Injury Attorneys
3910 S Interstate 35, STE 300
Austin, TX 78704
Phone: (512) 886-9119
Email: Info@KeepAustinSafe.com