When a child is injured in Texas because of someone else's actions, the law creates two distinct legal claims.
- The first is a claim for the parents to recover immediate, out-of-pocket costs, such as ambulance rides and emergency room bills.
- The second is a separate claim belonging entirely to the child, designed to compensate them for future needs and long-term suffering.
These two claims have different deadlines. The parents' deadline to recover their expenses is short and unforgiving. If you miss it, you could be left personally responsible for every dollar of your child's medical care.
Texas law has specific safeguards in place to protect a child’s financial recovery, but the process for securing it requires a careful and timely approach. The system is designed to protect the most vulnerable, but it requires parents to act promptly to protect their own rights.
If you have a question about an injury your child sustained, our team at Cowen | Rodriguez | Peacock is here to help you understand your family's rights. Call us for a straightforward conversation at (210) 941-1301.
Key Takeaways for Texas Child Injury Laws
- One injury creates two claims with two different deadlines. Parents have two years from the injury date to recover their financial losses, while a child’s claim for their own damages is protected until they turn 20.
- A child’s age impacts how fault is determined. Texas law recognizes that young children (under 5) are incapable of negligence, and it applies a flexible, age-appropriate standard for older children, making it difficult to unfairly blame a child for their own injury.
- A judge must approve any settlement for a minor. This judicial oversight ensures the settlement amount is fair and that the money is placed in a protected account, safeguarding it for the child's future until they become an adult.
Why Are There Two Different Deadlines? Your Claim vs. Your Child's Claim
The law does this to address two different types of harm: the financial losses you, the parent, suffer immediately, and the personal losses your child will carry into the future.
Your Claim as a Parent: Recovering Immediate Costs
Under the Texas Family Code, parents have a legal right to sue for the expenses they incur because of their child’s injury. This claim is meant to make you financially whole again. It allows you to recover tangible, documented costs that directly impact your family's budget.
This typically includes:
- Medical Bills: This covers every expense from the initial emergency response to ongoing rehabilitation. This includes doctor's visits, hospital stays, surgeries, prescription medications, and physical therapy sessions you have paid for.
- Lost Wages: If you had to take time off work to care for your child, whether for hospital vigils, doctor’s appointments, or at-home recovery, you may seek compensation for that lost income.
- Loss of Services: This is a legal term that refers to compensation for the loss of your child's help with household duties. It is more commonly applied when older children and teenagers are injured.
Parents must file their lawsuit within two years of the date of the incident. This is established in the Texas Civil Practice & Remedies Code § 16.003(a), and it is a deadline with very few exceptions.
Your Child’s Claim: Protecting Their Future
Your child’s claim is separate because the law recognizes that their damages are personal to them. It addresses the harm that will affect them long after the bills have been paid and the physical wounds have healed.
Compensation for your child's claim may cover:
- Future Medical Needs: Any ongoing treatment, therapy, medication, or assistive devices they might require after they turn 18.
- Pain and Suffering: This compensates for the physical pain and emotional distress they have experienced as a result of the injury.
- Disfigurement and Impairment: If the injury results in scarring, loss of a limb, or a permanent physical limitation that alters their life.
- Lost Earning Capacity: This addresses the possibility that the injury will limit their ability to work and earn a living as an adult.
The "Tolling" Rule: How Texas Gives Your Child More Time to Act
The Texas legal system acknowledges that a child should not be expected to pursue a lawsuit. To protect their rights, the law uses a mechanism called "tolling."
What Does "Tolling the Statute of Limitations" Mean?
Tolling is a legal concept that essentially hits a "pause button" on that two-year clock for the child's personal claim.
The specific law, Texas Civil Practice & Remedies Code § 16.001, formally pauses this deadline while the child is a minor. The pause button is released on the child’s 18th birthday. From that day forward, they have two years to file their own lawsuit for their own damages. In most cases, this means your child has until their 20th birthday to take legal action.
This rule exists for two primary reasons.
- First, it protects children who are too young to make legal decisions for themselves.
- Second, it allows time for the full, long-term impact of an injury to become clear. The effects of a serious injury, such as a traumatic brain injury, might not fully reveal themselves until a child reaches developmental milestones years later.
A Word of Caution
While your child has this extended time, waiting is almost never a good strategy. With each passing year, evidence degrades, witnesses' memories fade, and the at-fault party may become difficult to locate. Prompt action is necessary to preserve the strength of both claims.
How Does Texas Law View a Child’s Role in an Accident?
One of the first fears many parents have is, "What if the insurance company tries to blame my child for what happened?" It’s a reasonable concern, but Texas law provides specific protections for children based on their age and developmental capacity.
The core of any injury case is the concept of negligence, which simply asks if someone failed to act with reasonable care. For adults, this standard is straightforward. For children, the law applies a more forgiving, age-based standard.
- Children Under 5: Texas law firmly recognizes that children this young are legally incapable of negligence—i.e., they cannot be held at fault for their injuries, period. The law understands that a toddler or preschooler does not have the mental capacity to comprehend risk in the same way an adult does.
- Children Ages 5-14: For this age group, the standard changes. A judge or jury doesn't ask what a reasonable adult would have done. Instead, they ask what a reasonably prudent child of the same age, intelligence, and experience would have done in the same situation. This flexible standard acknowledges the vast developmental differences between a six-year-old and a thirteen-year-old.
- Teenagers Over 14: Once a child is over the age of 14, they are generally held to a similar standard of care as an adult, though some exceptions may apply depending on the specific circumstances.
This means that while an insurance company might try to argue your child was partly at fault to reduce the value of a claim, the law is on the child’s side. Our role is to use these legal standards to ensure that blame is not unfairly placed on your child.
Protecting the Settlement: Why a Judge Must Approve Your Child’s Compensation
In Texas, when a child's injury claim is settled, the process doesn't end with an agreement between the parents and the insurance company. Parents cannot simply accept a settlement offer on behalf of their child and deposit the check. The law requires an additional, powerful layer of protection.
Any settlement for a minor’s claim must be reviewed and approved by a judge. This is done through a court proceeding called a "friendly suit" or a "minor settlement hearing." It is called "friendly" because all parties have already agreed to the settlement terms and are jointly asking the judge for approval.
The judge has a very specific job in this hearing: to act as a final guardian of the child's best interests. The court must confirm two things:
- The settlement is fair: The judge reviews the facts of the case and the proposed compensation amount to ensure it adequately provides for the child’s injuries and future needs.
- The money will be protected: The judge ensures the funds are secure. Typically, the settlement money is placed into a special, court-monitored annuity or trust. The child cannot access these funds until they turn 18, which protects the money from being spent by anyone else, for any other purpose.
This court oversight provides peace of mind that your child’s financial future is being preserved and protected from being compromised. Our firm manages this entire court approval process from start to finish, ensuring all legal requirements are meticulously met.
When an Injury Is Caused by Neglect or Abuse
Some of the most difficult cases involve injuries that are not from a simple accident but are the result of intentional harm or severe neglect. These situations are legally complicated because they involve both the civil and criminal justice systems.
A family may pursue a civil claim for financial compensation at the same time that the state pursues criminal charges. Texas has specific felony statutes to punish those who harm children, such as Injury to a Child (Penal Code § 22.04) and Abandoning or Endangering a Child (Penal Code § 22.041). Penalties range from years in a state jail to life in prison
Frequently Asked Questions
What if my child was injured at a friend’s house in San Antonio?
In these situations, a claim is typically filed against the homeowner's insurance policy. These policies exist to cover injuries that occur to guests on the property. We would pursue compensation from that policy to cover your child's medical bills and other damages.
Can we sue a school or daycare for an injury?
Yes, if the injury was caused by negligent supervision or unsafe conditions. However, cases against public schools fall under a special set of rules called the Texas Tort Claims Act. This law imposes much shorter deadlines for filing a notice of a claim, so contact an attorney quickly if your child was injured at a public school.
What happens if we cannot afford the medical bills right now?
When clients are facing mounting medical bills they cannot pay, we send a "letter of protection" to medical providers. This is a legal document that assures the provider they will be paid directly out of the future settlement proceeds. This allows your child to continue getting the necessary medical care without you having to pay for it upfront.
Your Child’s Future Is on the Line. We Will Help Protect It.
The two-year clock on your own claim to recover medical expenses and lost wages is already ticking.
Let our team at Cowen | Rodriguez | Peacock handle the legal process, the deadlines, and the communication with insurance companies. Your focus should be on your child’s recovery, and ours will be on securing the resources they need for a stable and secure future.
Take the first step today. Call Cowen | Rodriguez | Peacock at (210) 941-1301 for a clear, straightforward conversation about your family’s legal rights.