The chaos and terror of a car crash are magnified when a child is involved. In such a situation, your entire focus is on their medical care and emotional comfort. Once the immediate crisis passes, however, parents begin to manage the legal and insurance process to secure the resources their child needs for recovery. The process for a child’s injury claim in Texas involves unique rules, special considerations, and long-term implications that may differ from those of adult claims. It is advisable to work with a car accident lawyer to help protect your child’s rights.
If your child has suffered an injury, the attorneys at Lorenz & Lorenz, PLLC can help manage this challenging path. For immediate guidance, call us for a free consultation.
Key Takeaways: How Child Injury Claims Work After a Car Crash in Texas
- Child injury claims follow different legal rules because minors cannot file lawsuits, sign contracts, or accept settlements.
- Texas imposes a heightened duty of care when children are involved, which can increase the complexity of determining liability and may lengthen the legal process.
- Medical treatment and documentation are critical from day one, creating a clear timeline that links the child’s injuries to the crash and prevents insurers from disputing the cause.
- Any settlement for a minor must be approved by a Texas court to ensure the settlement is fair and protects the child’s future.
- Settlement funds for a child are controlled through structured settlements, trusts, or restricted accounts.
- Texas gives minors additional time to file a lawsuit, but parents are subject to the standard two-year deadline for their own damages.
- Delaying a claim can weaken evidence, complicate liability, or risk policy limits being exhausted.
- Consult your lawyer to ensure the case progresses efficiently while still allowing enough time to understand the full impact of the child’s injuries.
Why Minor Injury Law in Texas Is Different
Child injury claims follow a different legal path because Texas treats minors as individuals who need heightened protection under the civil justice system. Since children do not have the legal capacity to file lawsuits, enter contracts, or accept settlements, the law builds extra safeguards into every stage of their claim. These safeguards influence how quickly a case can move, how evidence is gathered, and how settlements are approved.
First, minors cannot handle their own legal decisions, so only a parent or legal guardian can act on their behalf. This representative, sometimes called a “next friend,” is responsible for initiating the claim, communicating with insurers, and making decisions that protect the child’s long-term well-being. Because this extra step is required from the start, cases involving minors often involve more paperwork, more oversight, and a more thorough review of any proposed settlement.
Second, Texas places a heightened duty of care on individuals and institutions when children are involved. Drivers, daycare centers, schools, and product manufacturers must take additional precautions because children are less able to recognize danger and more vulnerable to serious harm. When they violate this duty, the consequences tend to be more severe. That elevated standard of care increases the stakes in child injury claims and can make liability disputes more complex.
Together, these differences shape how long the claim takes, how insurers respond, and how settlements are structured. It is highly advisable to engage a car accident lawyer who ensures that every step complies with Texas law and that the child’s rights are fully protected.
The Legal Process for Child Injury Claims
Managing a claim for an injured child follows a structured legal pathway with steps designed to safeguard the minor’s interests. Each phase requires careful attention, which naturally affects how the process takes place. Here is how these claims move forward:
Immediate and Ongoing Medical Treatment
The child’s health is the absolute priority. Seeking comprehensive medical care immediately after the crash does two critical things: it begins the healing process and creates an official, chronological record that directly links the injuries to the collision. This medical documentation forms the foundation of the claim. For a child, this may involve pediatric specialists, developmental assessments, and long-term therapy, all of which must be meticulously documented and carefully tracked.
Hiring a Car Accident Attorney
Given the unique nature of minor injury law, hiring an attorney experienced in child injury claims is a key step in fulfilling your duty as a parent-guardian. A lawyer at Lorenz & Lorenz, PLLC, understands the heightened standards, the tactics insurers may use, and the long-term valuation of a child’s future needs. They will act as your guide and advocate and handle all legal challenges so you can focus on your child’s recovery.
Thorough Investigation
Your legal advocate will undertake a thorough investigation to build a compelling case. It goes beyond the police report and may include:
- Gathering witness statements from family, passengers, or bystanders
- Obtaining traffic camera or dashcam footage
- Consulting with accident reconstruction experts
- Working with medical experts to project the child’s future care needs, costs, and the potential long-term impact of injuries on development and quality of life
Because children’s injuries often require stronger proof of future impact, the investigation phase can be more detailed; however, a lawyer ensures it proceeds efficiently. This phase establishes both liability and the full long-term scope of damages.
Demand Letter & Settlement Negotiations
Once your child is approaching maximum medical improvement and the investigation is complete, your attorney will draft a demand package to the at-fault driver’s insurance company. This package details the facts of liability, the child’s injuries, all related expenses, and a demand for a specific settlement amount. Negotiations then begin. It is vital to understand that no settlement can be finalized at this stage. Texas law requires court approval for any settlement involving a minor.
Filing a Court Petition for Approval
Because a minor cannot legally agree to a settlement, the agreement must be presented to a Texas probate or civil court for review and approval by a judge. Your attorney will file a petition, often called a “friendly suit,” outlining the terms. The judge’s role is to act as an independent guardian for the child, scrutinizing the settlement to ensure it is fair, reasonable, and in the child’s best interest. The judge will hold a hearing, which the child and parents usually attend, before granting an order that officially approves the settlement.
Structured Settlements or Trusts
Once approved, how the money is managed is paramount. Texas law strictly controls how settlement funds for a minor are handled to prevent mismanagement. Common options include:
- A Court-Registered Structured Settlement: This provides periodic, tax-free payments over time to cater for college tuition, future medical needs, or a lump sum at adulthood. A highly-rated annuity company holds the funds.
- A Court-Supervised Trust (McArthur Trust): The net settlement is deposited into a trust account managed by a financial institution as trustee. Disbursements for the child’s benefit are made with court oversight.
- A Managed Account with Bond: In some cases, for smaller settlements, funds may be placed in a restricted, court-registered bank account requiring a bond and court permission for withdrawals.
The entire process is designed to ensure the compensation meant for a child’s recovery and future is secured and used solely for that purpose. A lawyer can guide your family through these options to ensure the funds are secure, properly managed, and align with the child’s long-term needs.
Statute of Limitations in Texas for Child Injury Claims
Texas gives minors extra time to pursue an injury claim. This extended deadline can significantly shape how and when a case should be filed. In most child injury cases, the statute of limitations does not begin until the child turns 18, meaning they generally have until their 20th birthday to file a lawsuit. This legal protection acknowledges that a child cannot advocate for themselves and ensures they are not deprived of their right to compensation simply because of age.
However, parents do not have the same extended timeline. Claims for medical bills incurred by the parents, such as treatment costs paid before the child turns 18, must follow the standard two-year statute of limitations. It creates a split timeline, one deadline for the child’s personal injury claim and a much shorter one for the parents’ financial losses. If families misunderstand these deadlines, they risk missing opportunities for compensation or delaying the case in ways that weaken evidence.
While the extended timeframe may seem like a benefit, waiting too long can actually hurt the case, as witness memories fade, video footage gets overwritten, and physical evidence becomes harder to verify. Also, if multiple people suffered an injury in the same crash, a delay can mean other claimants exhaust the available policy limits before your child’s claim is resolved. A court would likely view an unnecessary delay that harms the child’s case as a failure of the duty of care.
Your lawyer will act quickly to secure evidence but pace legal action strategically to ensure the full extent of the child’s injuries is known before seeking compensation. This balance is key, especially when future medical care or long-term developmental effects are expected. A Texas child injury lawyer helps avoid missing deadlines and build a strong, timely claim that protects the child’s future.
Damages Recoverable in a Minor Injury Case
When a child suffers an injury in a car crash, the ripple effects impact the entire family. Texas law recognizes this reality by allowing for the recovery of damages intended to compensate both the child’s losses and the financial and emotional impact on the parents. These damages are categorized into economic and non-economic. Your lawyer will assess your losses to ensure a settlement or verdict adequately provides for the child’s future.
Damages the Child May Recover
A child’s claim focuses on harms that personally affect them. These may include:
- Pain and suffering
- Future medical costs
- Physical disfigurement or disability
- Mental anguish
- Loss of earning capacity (if applicable)
These damages may take time to fully develop, which is why a lawyer may recommend waiting until the child reaches maximum medical improvement (MMI) before negotiating. Settling too early risks overlooking future needs that can significantly increase the claim’s value.
Damages the Parent May Recover
Parents can pursue a separate category of damages tied to their financial and practical burden. These usually include:
- Past medical expenses paid for the child before settlement or trial
- Out-of-pocket costs, such as transportation to appointments or specialized childcare
- Lost income, if a parent had to miss work to care for the injured child
Unlike the child’s claim, these damages are subject to the standard two-year statute of limitations, making timing especially crucial. If you wait too long as a parent because you believe the child’s extended deadline applies to you, you may forfeit your portion of the claim.
A Car Accident Lawyer Can Guide Your Family Through Every Step
When your child is hurt in a car crash, a child injury claim is the legal mechanism to secure the financial foundation for your child’s long-term recovery, development, and well-being. The legal process can be overwhelming, but a skilled car accident lawyer can effectively manage it. Lorenz & Lorenz, PLLC, stands ready to help you know your rights and pursue full compensation for your child’s injuries. If you need guidance or want to discuss your options, call us to learn about the support your child deserves.
Frequently Asked Questions: How Child Injury Claims Work After a Car Crash in Texas
What if the at-fault driver has no insurance?
In case the responsible party lacks insurance, your primary recourse is through your own insurance policy’s Uninsured Motorist (UM) coverage, if you purchased it. This coverage is designed to protect you and your family in this exact scenario. You can initiate a claim under your UM policy to seek compensation for your child’s injuries that exceed the at-fault driver’s inadequate policy limits. An attorney can help manage this scenario, which mainly involves intensive negotiations with your own insurer.
Do I need a lawyer if the insurance company already offered a settlement for my child?
Yes, you should consult a lawyer before accepting any settlement, because insurers often offer quick payouts to reduce their exposure and shorten their own timeline. An attorney will evaluate whether the offer covers long-term medical needs, future therapy, and complications unique to a growing child. They also ensure the required court approval process is handled correctly, preventing procedural delays.
What if the at-fault driver’s insurance keeps delaying the claim?
Delays are common when insurers hope families will accept a lower offer. However, a lawyer can advance the claim by setting strict deadlines, demanding documentation, and preparing the case for litigation if necessary. Legal pressure can shorten the insurer’s timeline and increase the likelihood of a fair settlement that accurately reflects the child’s injuries and long-term needs.
How does a child’s car seat usage affect liability in a crash claim?
Texas mandates proper car seat and restraint use based on the child’s age, weight, and height. If the other driver causes the crash, the at-fault party owes damages, provided the restraint violation did not cause the injury. Your attorney investigates restraint use, or lack thereof, to properly assign and determine liability in your claim.