Filing a Claim for a Child Injured in a Texas Car Accident

When a child is injured in a car accident, the emotional and financial toll on families can be overwhelming. In Texas, parents and legal guardians have the right to pursue compensation on behalf of an injured child. Understanding how the claims process works is essential for ensuring the child’s medical needs are met and their legal rights are protected.

Who Can File a Claim on Behalf of a Child?

Because minors cannot file legal claims on their own, a parent or legal guardian must act as the child’s “next friend” and file the claim on their behalf. This applies to both insurance claims and lawsuits. The parent or guardian is responsible for managing the case, approving settlements, and ensuring that any compensation is used in the child’s best interest.

Types of Compensation Available

A personal injury claim on behalf of an injured child may include compensation for:

• Medical expenses: Including emergency care, hospital stays, surgeries, rehabilitation, and ongoing treatment.
• Future medical care: For long-term injuries or disabilities requiring extended treatment.
• Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
• Loss of enjoyment of life: If the injuries affect the child’s ability to participate in normal activities.
• Loss of future earning capacity: If the injuries are severe enough to impact the child’s ability to work as an adult.

In addition, parents may also pursue compensation for their own out-of-pocket costs, including time missed from work to care for the injured child.

Court Approval of Settlements

If a settlement is reached on behalf of a child, Texas courts require judicial approval to ensure the agreement is in the child’s best interest. In many cases, funds awarded to the child are placed into a court-managed account or trust until the child reaches adulthood, unless used for approved expenses like medical treatment or education.

Statute of Limitations for Child Injury Claims in Texas

Texas generally allows two years from the date of a car accident to file a personal injury lawsuit. However, for minors, the statute of limitations is extended. The two-year clock does not begin until the child turns 18, meaning they typically have until their 20th birthday to file a claim on their own. That said, most cases are handled by parents or guardians soon after the accident to ensure timely care and financial support.

It is important to act quickly, especially when dealing with insurance companies. Claims filed sooner are easier to investigate and resolve, and they prevent the loss of critical evidence or witness testimony.

Why You Need an Attorney

It is critical for parents to hire a Waco car accident attorney after a child is injured in a car accident because these cases involve unique legal complexities and long-term considerations. An experienced attorney can accurately assess the child’s current and future needs, navigate insurance negotiations, and ensure any settlement protects the child’s best interests.

Legal counsel also ensures compliance with Texas court requirements, including judicial approval of settlements, helping families secure full and fair compensation for their child’s recovery and future.