When your child is injured, understanding your legal options is crucial. Learn how HLAW helps families navigate child injury claims in Texas.
When a child is injured due to another’s negligence, parents are thrust into a world of emotional stress, medical decisions, and legal confusion. In Texas, personal injury claims involving children differ significantly from those involving adults—and understanding these nuances is critical to protecting your child’s rights and future.
At the HLAW law firm, we’ve represented children and families across Texas in personal injury cases. Our team understands the delicate balance between legal complexity and the care families need after a traumatic event. Below, we explain everything Texas parents should know about pursuing a child injury claim, including deadlines, guardianship requirements, settlement procedures, and court oversight.
Children Have a Right to Compensation—But Cannot File Their Own Lawsuit
In Texas, minors (individuals under age 18) lack legal capacity to file lawsuits or enter into binding legal contracts. However, Texas law does not prohibit a minor from recovering compensation for injuries caused by another person’s negligence.
Who Can File on the Child’s Behalf?
Under Texas Rule of Civil Procedure 44, a next friend (usually a parent or legal guardian) may file suit on behalf of the child. The court will also typically appoint a guardian ad litem or formal legal guardian under certain circumstances to ensure the child’s interests are fully protected.
Statute of Limitations: Special Rules for Minors
For most adult personal injury claims, the statute of limitations in Texas is two years from the date of the incident, per Texas Civil Practice & Remedies Code § 16.003(a). However, when the injured party is a minor, the timeline is different.
Tolling for Minors
Under § 16.001(a)(1) and (b), a person is under a legal disability if they are under 18. The limitations period is tolled (paused) until the minor reaches their 18th birthday.
This means the child generally has until their 20th birthday to file their claim.
BUT: Parental Claims Are Still Limited
Parents, however, are entitled to bring separate claims for:
- Medical expenses incurred before the child turns 18 (Tex. Fam. Code § 151.001(c))
- Loss of services or contribution from the child
These parental claims are not tolled and must be brought within two years of the incident.
Settlement of a Minor’s Personal Injury Claim Requires Court Approval
Texas law is particularly protective of minors’ rights, especially when it comes to settlements. Even if all parties agree to settle, a Texas court must approve the settlement before it becomes enforceable.
Tex. Estates Code § 1351.001 allows for court approval of a minor’s settlement and details when court-created accounts or guardianships of the estate are required.
The Court Approval Process:
- File a Petition for Approval of Minor’s Settlement
- Appointment of a Guardian Ad Litem (if required)
- Conduct a Prove-Up Hearing
- Court evaluates:
- Whether the settlement is fair and reasonable
- Whether proceeds are being protected for the child’s benefit
- Judge enters an order approving the settlement and disbursing funds appropriately
Courts routinely use Tex. R. Civ. P. 173 to appoint a Guardian Ad Litem when necessary.
The Role of a Guardian Ad Litem
When court approval is needed, the judge may appoint a Guardian Ad Litem—an independent attorney tasked with evaluating whether the proposed settlement is in the child’s best interest.
Tex. R. Civ. P. 173.4(c): “The guardian ad litem may participate in mediation or negotiation, and may testify or submit a report and recommendations to the court concerning the settlement.”
Their report may influence the judge’s decision significantly. This neutral third party ensures that no conflict of interest exists between the child and the parent or attorney, especially in cases involving large settlements or parental claims for reimbursement.
Important: The Guardian Ad Litem’s fees are usually paid from the settlement, and the court must also approve this fee.
Where Does the Money Go? Distributing a Minor’s Settlement
Texas law mandates protections for how a minor’s injury settlement is handled. The funds cannot simply be handed over to the parents.
Acceptable Methods of Disbursement:
- Court Registry (Estates Code § 1351.003): The funds are deposited with the court and released when the child turns 18.
- Structured Settlement Annuities: Payments begin at age 18 (or another age specified by the court) and continue periodically.
- Trust Accounts: In some cases, a special needs trust or guardianship of the estate may be necessary to preserve eligibility for benefits.
If the net recovery is over $100,000, courts often require appointment of a guardian of the child’s estate under Tex. Estates Code § 1104.001.
Medical Expenses and Insurance Subrogation
In Texas, medical bills for a minor are generally considered the legal responsibility of the parents until the child turns 18. These bills form the basis of the parents’ own personal injury claim, which is subject to the standard 2-year statute of limitations.
Also, beware of health insurance subrogation claims. Under Tex. Civ. Prac. & Rem. Code § 140.005, insurers may seek reimbursement from settlement funds for amounts they paid toward the child’s treatment, but parents may have negotiation rights to reduce this lien. An experienced Texas personal injury attorney can be crucial in the success of this process as well.
Why You Need an Experienced Attorney for a Child Injury Claim
Navigating a child injury case is not simply about negotiating with insurance companies. It requires:
- Managing dual claims for both parent and child
- Understanding court approval procedures
- Navigating guardian ad litem investigations
- Handling structured settlements and trusts
- Coordinating with insurance subrogation departments
At the HLAW law firm, our attorneys bring over years of experience handling minors’ personal injury settlements across Texas. We understand how to protect your child’s legal and financial future, and how to advocate for your family at every step.
Final Thoughts: Don’t Wait to Act
While the statute of limitations may be tolled for a child’s injury, critical evidence—such as witness statements, photographs, and medical records—can fade over time. Early legal action helps ensure the strongest possible claim and maximizes your child’s recovery.
Contact HLAW Today
If your child has suffered a serious injury, contact HLAW to speak with an experienced Texas child injury attorney and a free case evaluation. We’ll walk you through every step of the process—from investigating the claim to finalizing a court-approved settlement that protects your child’s future.
