When a child gets hurt because of someone else's actions or carelessness, families often feel angry, scared, and unsure of what to do next. San Antonio has seen a steady number of child injury claims in recent years, many involving playgrounds, roads, and daycare centers. Kids are naturally curious and active, but when adults or companies fail to act responsibly, that curiosity can turn into serious harm.
A skilled San Antonio child injury lawyer at Cowen | Rodriguez | Peacock can help families pursue the maximum compensation available and hold the responsible parties accountable. These cases require a legal team that understands how Texas law treats child injuries differently from adult claims. Texas has specific rules that apply to minors, and they can make a big difference in how a case moves forward and how damages are calculated.
Cowen | Rodriguez | Peacock has helped many families recover damages in child injury cases, from daycare negligence to unsafe property conditions. If your child was harmed and you believe someone else caused it, our team is ready to review your situation at no cost. We offer free consultations and only take payment if there's a recovery in your case.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
Understanding Child Injury Cases in San Antonio
Child injury cases involve legal claims brought by parents or guardians when a minor is hurt due to someone else’s actions or negligence. These claims focus on what the child has already gone through and what they might face later in life because of the injury. Unlike adult personal injury cases, courts view children as more vulnerable and less able to protect themselves.
Types of Common Child Injuries
Children can suffer a wide range of injuries. Some of the most common include:
- Broken bones or fractures from falls
- Concussions or traumatic brain injuries
- Burns from unsafe products or chemicals
- Cuts, lacerations, or puncture wounds
- Spinal cord injuries from vehicle accidents or high falls
- Internal injuries from defective products
- Drowning or near-drowning incidents in unsecured pools
Each injury can affect a child's development, education, or quality of life. Some require long-term care or adjustments to the child’s daily activities.
Legal Differences Between Child and Adult Injury Cases
Texas law treats minors differently in civil claims. Children cannot file lawsuits on their own, so a parent or legal guardian files on their behalf. The law also allows more time to file a lawsuit involving a minor, but other legal deadlines still apply.
Additionally, courts tend to consider how an injury may affect a child later in life. A child’s lost ability to earn income, physical development, or emotional well-being all factor into how damages are evaluated.
Texas Laws Protecting Injured Children
Texas Civil Practice and Remedies Code includes rules meant to protect minors. For example, when a child injury case settles, courts often require the funds to be held in trust until the child turns 18. In some situations, structured settlements are used to pay for future needs like education or therapy.
Texas law also requires schools, daycare centers, and property owners to follow strict safety standards. If they don’t, and a child gets hurt as a result, they can be held legally responsible.
What Should You Do If Your Child Is Injured Due to Someone Else's Negligence?
After a child injury, many parents focus only on immediate medical needs. That’s understandable. But taking certain steps right away can also protect your legal rights and help support your claim later.
Immediate Steps to Take After a Child Injury
First, seek medical care, even if the injury doesn’t seem serious. Some problems, like concussions or internal injuries, might not show symptoms right away.
If the injury happened in a public place like a mall in Alamo Ranch or a daycare in Southtown, ask to file an incident report. Get names and contact information for any witnesses. If there’s video footage, request a copy before it’s deleted.
Documenting the Incident and Injuries
Take photos of the injury, the location where it happened, and anything that may have caused it. Keep all medical records, bills, and prescriptions in one place. If your child misses school or extracurricular activities, write down those dates and what was missed.
Write down your child’s symptoms, progress, and emotional state in the days and weeks after the accident. This can help your attorney show how the injury affected your child’s daily life.
When to Contact a Child Injury Attorney
The sooner you talk to an attorney, the more options you’ll likely have. Evidence can disappear quickly. Witnesses forget details. An experienced lawyer can step in to preserve evidence, deal with insurance adjusters, and start building a strong case. If you’re unsure whether you even have a claim, we can help you figure that out during your free consultation.
How Long Do You Have to File a Child Injury Claim in Texas?
Texas gives injured parties a limited time to take legal action. That deadline, known as the statute of limitations, works a little differently when the injured person is a minor.
Texas Statute of Limitations for Child Injury Cases
For most personal injury claims in Texas, the standard deadline is two years from the date of the injury. But when a child is hurt, the clock usually doesn’t start ticking until the child turns 18. That means they can generally file a lawsuit until age 20.
Special Considerations for Minors
While the statute might be paused until the child becomes an adult, certain parts of the case, like medical bills paid by the parents, have separate deadlines. Parents typically have two years to claim reimbursement for their out-of-pocket expenses.
Some cases also involve legal processes that must happen sooner. For instance, if the injury involves a government-run facility like a city-run pool near Harlandale, you may need to give notice within six months or even less.
Exceptions That May Extend Filing Deadlines
If the at-fault party left the state after the injury or tried to hide what happened, that might pause the clock. An attorney can determine whether an extension applies in your case and help preserve your claim.
Common Causes of Child Injuries in San Antonio
San Antonio is full of parks, schools, shopping centers, and busy roads. These places give kids room to grow and play, but they also present risks when adults don’t take proper care.
School and Daycare Accidents
Children spend much of their time in schools and daycare centers. Lack of supervision, poorly maintained playgrounds, or untrained staff can lead to serious accidents. Injuries in these settings may include falls, playground equipment injuries, or food-related choking hazards.
Motor Vehicle Accidents Involving Children
Kids may be injured while riding in a car, walking through a crosswalk, or standing near a road. Car accidents, truck accidents, rideshare accidents, and other pedestrian incidents happen throughout San Antonio, including along Loop 410 or near busy intersections like Fredericksburg Road and Wurzbach.
Playground and Recreational Injuries
Recreational spots like skate parks or city playgrounds can become dangerous if equipment is broken, improperly installed, or poorly maintained. Children can suffer falls, broken bones, or head injuries while playing.
Dangerous Property Conditions
Some properties fail to meet basic safety standards. A slippery floor at a restaurant near The Rim or a loose handrail at an apartment complex in Leon Valley could cause a child to fall. Property owners must take reasonable steps to keep children safe.
Defective Products
Toys, clothing, or baby gear can cause harm when made or labeled incorrectly. If a product fails and hurts a child, the company that made or sold it may be responsible.
Who Can Be Held Liable for a Child's Injuries?
Child injury cases often involve more than one person or company. Identifying everyone involved helps make sure no liable party avoids responsibility.
School Districts and Educational Institutions
If a child is injured due to poor supervision or unsafe school conditions, the district or private school may be held accountable. That includes injuries during recess, PE, or school-sponsored trips.
Vehicle Drivers and Owners
When a child is hit by a driver or hurt in a crash, the driver and vehicle owner may both be liable. In truck accident cases, the trucking company, cargo loaders, or maintenance providers might also share responsibility.
Daycare Centers and Childcare Providers
Texas holds daycares to specific standards. If a child is injured because of understaffing, improper training, or unsafe facilities, the daycare provider could be liable. This includes both licensed centers and in-home care providers.
Property Owners and Businesses
When a child gets hurt on someone else’s property, the property owner or business operator may be at fault. This applies to stores, apartment complexes, amusement parks, and even private homes.
Product Manufacturers
If a toy, crib, or stroller causes harm, the manufacturer, distributor, or retailer might be responsible. Product liability claims often require experts and product testing to show where the item failed.
What Compensation Can Be Recovered in Child Injury Cases?
Recovering financial damages in a child injury case helps pay for current and future needs. It also holds wrongdoers accountable and encourages better safety standards.
Medical Expenses and Future Healthcare Costs
This includes ER visits, surgeries, hospital stays, follow-up appointments, and any long-term care the child may need. Future costs like rehab or additional procedures are also part of a claim.
Pain and Suffering for Child Victims
Injuries often impact more than just the body. Children may deal with fear, anxiety, or changes in daily life. A claim can include compensation for these effects.
Lost Future Earning Capacity
If the injury limits the child's ability to work later in life, the claim may include projected lost income. This depends on the nature of the injury and the child’s expected path in life.
Special Education and Therapy Costs
Some injuries require speech therapy, occupational therapy, or placement in special education programs. These costs can add up quickly and may continue for years.
Parental Loss of Income and Expenses
Parents often miss work to care for an injured child. They may also pay for transportation, home modifications, or other out-of-pocket costs. These losses can be included in a legal claim.
How Our Attorneys Can Help
Child injury cases need a law firm that knows how to handle these matters carefully and thoroughly. Our team has helped many families through difficult times.
Thorough Investigation and Evidence Gathering
We collect photos, video footage, witness statements, and police or incident reports. We also secure maintenance records, inspection logs, or anything else that can support your case.
Working with Medical Experts and Specialists
We consult pediatricians, trauma doctors, and other specialists who can speak to the severity of the injury and the likely future impact on your child.
Navigating Complex Insurance Claims
Insurance companies often try to pay as little as possible. We handle all communication with insurers and push back against low offers or bad-faith tactics.
Protecting Your Child's Future Interests
We focus on more than the injury itself. We look at how it may affect your child years from now and fight for a resolution that supports those future needs.
Handling Court Proceedings and Litigation
If the other side refuses to resolve the case fairly, we prepare for trial and take the matter to court. We have experience handling cases in Bexar County courts and beyond.
Why Choose Our Firm
Cowen | Rodriguez | Peacock focuses on serious injury cases, including those involving children. Our team takes each case personally and puts in the time and resources to get the results your deserve.
Extensive Experience in Child Injury Cases
We have handled a wide range of injury claims involving minors, including school injuries, daycare negligence, and product liability cases.
Proven Track Record of Successful Settlements
We’ve helped many San Antonio families recover significant financial damages through settlements, verdicts, and negotiated agreements.
Compassionate Approach to Young Victims and Families
Our attorneys take the time to listen. We understand how a child’s injury affects the whole family, and we treat every case with care.
No Fees Unless There’s a Recovery
You don’t pay anything upfront. We cover the costs of your case and only get paid when a recovery is made.
Local San Antonio Knowledge and Resources
We know the San Antonio court system, local investigators, and regional healthcare providers. That gives us an advantage when building strong claims.
Frequently Asked Questions About Child Injuries in San Antonio
Can I file a claim if my child was partially at fault?
Yes. Texas follows a system where your child can still recover damages as long as they weren’t more than 50% responsible for the injury.
What if the injury happened at a public school?
Claims against public schools have special rules. You may need to give notice quickly and follow specific steps. Our team can handle that for you.
How are settlement funds managed for minor children?
Courts often require the money to go into a trust or structured settlement. This helps protect the funds until the child becomes an adult.
Will my child need to testify in court?
Usually not. Many cases settle before trial. If testimony is needed, we do everything we can to make the process easier on your child.
Let Us Help Protect Your Child's Rights and Future
If someone else's carelessness led to your child’s injury, you have every right to take legal action. Time limits apply, so don’t wait too long to get started. Cowen | Rodriguez | Peacock offers free consultations and only gets paid when a recovery is made. Call us today at (210) 941-1301 to discuss your options in a confidential setting.
Let our attorneys help you take the next step to protect your child’s future.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.