When a child suffers harm because someone else didn’t take proper care, no parent can fully prepare for what follows. You’re likely dealing with your child’s pain and the confusion of what happened. You probably have a lot of questions about holding the at-fault party accountable and obtaining compensation.
A Texas child injury lawyer from Cowen | Rodriguez | Peacock understands what you’re going through. We’re here to answer your questions and advise you of your rights and options for seeking compensation. You can also rely on us to fight hard to maximize your financial recovery so that your child can realize as full of a physical recovery as possible.
If someone’s actions or inaction harmed your child, contact us today for a free consultation. We’ll walk you through your legal options and explain how we may be able to help your family.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
What Types of Child Injuries Do Texas Laws Cover?
Texas law allows families to take legal action when a child’s injury results from someone else’s wrongful conduct. These injuries can happen in many different situations. Below are some of the most common.
Playground and School Accidents
Children spend a large part of their day in school or on playgrounds. When those places aren’t properly maintained or supervised, serious accidents can happen. Schools and caretakers have a duty to provide a reasonably safe environment. Broken equipment, wet floors, and inattentive supervision can lead to injuries like broken bones, concussions, or worse. These incidents may support a claim against the school district, a private company, or a property owner.
Car Accident Injuries Involving Minors
Kids can be injured as passengers, pedestrians, or bike riders. Texas law allows claims against at-fault drivers who caused the crash. Injuries from car accidents involving minors often require long-term care and medical follow-up. That’s why it’s so important to build a strong claim early on and to understand how future treatment costs and needs can factor into the case.
Product Liability Cases for Children's Products
Toys, cribs, car seats, and clothing designed for kids must meet strict safety standards. But not all companies take the time or care to make sure their products are safe. Defects in design, manufacturing, or labeling can result in serious injuries. For example, choking hazards, toxic materials, or unsafe assembly instructions may all lead to harm. Product liability claims aim to hold manufacturers or sellers responsible for dangerous children’s products.
Daycare and Childcare Negligence
Parents trust daycares and babysitters to keep their children safe. When that trust is broken, the results can be devastating. Injuries at daycare centers might happen due to lack of supervision, untrained staff, unlocked cabinets, or playground hazards. These claims often involve showing that the facility ignored safety standards or failed to act when a danger was obvious.
Sports and Recreation Injuries
Contact sports and recreational activities always carry some risk, but those risks increase when adults don’t follow safety rules. Coaches, schools, and athletic programs need to provide proper gear, training, and supervision. Negligence in these areas may support a legal claim if a child suffers a preventable injury, such as a concussion or a spinal cord injury.
How Long Do I Have to File a Child Injury Claim in Texas?
Texas gives parents and guardians more time to file a lawsuit when a child is hurt, but the rules are specific. Waiting too long may prevent your family from recovering anything.
Texas Statute of Limitations for Minors
Normally, Texas law gives injured people two years from the date of the injury to file a lawsuit. However, when the injured person is a child, the time limit is paused (or “tolled”) until the child turns 18. That means the two-year period usually starts on the child’s 18th birthday, not the date of the injury. Parents, though, may still have their own deadlines to file for medical bills or other damages they’ve paid.
Discovery Rule Applications
Some injuries don’t show up right away. For example, brain damage or internal injuries may go unnoticed for months or even years. In those cases, the “discovery rule” may apply. This rule delays the start of the deadline until the injury could have reasonably been discovered.
But insurance companies often argue that the clock started earlier, so it's important to document everything and act quickly.
When the Clock Starts Ticking
Every case is different, and some deadlines apply much sooner than others. Claims against government-run schools or public hospitals may require notice within months.
Missing these deadlines can bar the claim entirely. Even though Texas law gives minors more time, early action helps preserve evidence, locate witnesses, and build a stronger case.
Texas Child Injury Laws and Regulations
Claims involving children follow different legal procedures than adult personal injury cases. Courts add extra steps to make sure the child’s rights are fully protected.
Parental Rights in Legal Proceedings
Parents or legal guardians can bring claims on behalf of their injured child. These claims may include damages for the child’s injuries and losses, along with separate claims for out-of-pocket costs the parents have already covered. If the parents don't file during the child’s minority, the child may still have the right to sue once they turn 18.
Guardian ad Litem Requirements
In many child injury cases, the court appoints a guardian ad litem. This person acts as an independent advocate for the child and reviews any proposed settlement. The guardian’s role is to make sure the agreement truly serves the child's long-term interests.
Court Approval for Settlements
Even if both sides agree to settle, the court must approve the agreement before it becomes final. Judges look at the facts, the proposed amount, and how the money will be used. This protects the child from unfair or one-sided deals.
Structured Settlement Considerations
Courts often favor structured settlements for minors. These arrangements spread out payments over time instead of giving a lump sum all at once. They help ensure the child has access to funds later in life for college, medical care, or living expenses.
Who Can Be Held Liable for a Child’s Injury?
The law allows injury claims against any person or entity whose negligence led to harm. In child injury cases, that list often includes a wide range of possible defendants.
Individual Defendants
Sometimes, one person directly causes the injury. This might be a reckless driver, a babysitter, a coach, or even another student. If that individual failed to act with reasonable care and caused the child’s injury, they may be held legally responsible.
Schools and Educational Institutions
Public and private schools have a duty to protect students from foreseeable harm. If the school failed to supervise children properly, allowed unsafe conditions, or hired unqualified staff, it may be liable for resulting injuries. Claims against public schools often involve special notice requirements and legal procedures.
Product Manufacturers
Companies that design, build, or sell dangerous products may be held liable when children get hurt. These claims focus on showing that the product had a design flaw, manufacturing defect, or failed to carry adequate warnings. Toys, clothes, strollers, and household goods may all be subject to these claims.
Property Owners and Businesses
Under Texas law, property owners must take steps to keep visitors safe. If a child is injured on someone else’s property, the owner may be responsible for dangerous conditions that weren’t fixed or warned about.
Proving Negligence in Texas Child Injury Cases
A successful claim requires more than just showing the child was hurt. Families must prove that someone else failed to act with proper care and that failure directly caused the injury.
Standard of Care for Children
The law sometimes uses different standards when children are involved. For example, younger children may not be held to the same level of caution as adults. But adults still owe them a duty of care based on the child’s age and vulnerability.
Gathering Evidence and Documentation
Strong cases rely on clear records. This includes medical reports, witness statements, video footage, police reports, and photographs. The sooner this evidence is collected, the better the chance of building a complete picture of what happened.
Expert Witness Requirements
Some cases require testimony from experts. These witnesses help explain how the at-fault party failed to meet accepted safety or professional standards.
Demonstrating Causation
The law requires proof that the defendant’s actions caused the injury. That means connecting the dots between what happened and how it directly affected the child’s health, development, and future well-being.
What Damages Can Be Recovered in Child Injury Cases?
Legal claims aim to recover the full scope of losses the child and family have experienced. These losses include both current harm and projected future needs.
Medical Expenses (Current and Future)
Child injury claims often include costs for emergency care, surgeries, hospital stays, medications, and follow-up treatment. They also account for long-term needs like physical therapy, specialist visits, and assistive devices.
Pain and Suffering Considerations for Minors
Children may suffer in ways that are hard to measure. Pain, fear, sleep issues, behavioral changes, and trauma can all impact their daily lives. These non-economic damages are a critical part of any claim.
Lost Future Earning Capacity
If a child’s injuries reduce their ability to work or earn money as an adult, the law allows claims for lost earning potential. Economic experts may be brought in to estimate how the injury could affect the child’s career path.
Rehabilitation and Therapy Costs
Some children need ongoing speech therapy, occupational therapy, or counseling. These costs can continue for years, depending on the injury’s severity and the child’s progress.
Educational Accommodation Expenses
Injuries can affect a child’s ability to learn or attend school normally. Legal claims may seek reimbursement for tutoring, special education programs, or learning aids.
How Our Attorneys Can Help
At Cowen | Rodriguez | Peacock, we help families hold negligent parties accountable and work toward outcomes that meet a child’s long-term needs.
Case Evaluation and Investigation
We take time to understand what happened and why. Then we gather the facts and start building a solid legal foundation.
Working with Medical Experts and Specialists
Our attorneys consult with trusted medical professionals to assess the full impact of the injury and what future care might involve.
Navigating Complex Legal Procedures Involving Minors
We handle all the legal steps, including court filings, negotiations, and any required court approvals.
Maximizing Compensation for Long-Term Needs
We fight for the maximum compensation available to support the child’s recovery, treatment, education, and daily care.
Ensuring Proper Settlement Structures
We help structure settlements to protect the child's interests and provide financial security into adulthood.
Protecting the Child’s Best Interests Throughout the Process
Every decision we make keeps your child’s future front and center.
Why Choose Our Firm
Families trust Cowen | Rodriguez | Peacock because we bring experience, care, and a strong track record to each case.
Experience with Texas Child Injury Law
We understand how Texas law treats pediatric injury cases and how to handle every step the right way.
Track Record of Successful Outcomes
Our past results show a strong commitment to holding wrongdoers accountable and securing meaningful recoveries.
Compassionate Approach to Families in Crisis
We treat every client with empathy and respect. You’re not just another case file, you’re a family in need.
Resources to Handle Complex Cases
Our firm has the tools, experts, and staff to take on difficult cases from start to finish.
No Fee Unless Your Case Results In Recovery
We don’t charge legal fees unless we help you recover money through a settlement or verdict.
Frequently Asked Questions About Child Injuries in Texas
Can I file a lawsuit on behalf of my injured child?
Yes. Parents or legal guardians can file lawsuits for injuries to a minor.
What if my child was partially at fault for the accident?
Texas follows comparative fault rules. As long as your child is less than 51 percent at fault, you may still recover a portion of damages.
How are settlements handled differently for minors?
Courts must approve most settlements for children and may require structured payouts or a trust account to manage the funds.
Do I need a lawyer if insurance offered a settlement?
Yes. Insurance companies often offer low amounts early on. A lawyer can evaluate the offer and help you recover more based on your child’s full needs.
What if the injury’s full impact won't be known for years?
Your legal claim can account for future losses. Experts can estimate long-term costs so the settlement reflects what your child may need later in life.
Let Our Child Injury Attorneys in Texas Help
You don’t need to wait to get help. If your child was hurt because someone acted carelessly or irresponsibly, legal action may protect your family and your child's future. Call Cowen | Rodriguez | Peacock for a free, confidential consultation at (210) 941-1301. The clock may be ticking, and evidence doesn’t last forever. Let us review your situation and explain what options you have.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.