Has Your Child Been Injured By Someone Else’s Negligence?
When a child gets hurt due to someone else’s negligence, the aftermath isn’t just painful; it’s legally complicated. From medical bills to future care costs, parents and guardians are left facing decisions they never thought they’d have to make. In Texas, injury claims involving minors follow a different legal path than adult claims. If you live in or near San Antonio, knowing what to expect could make all the difference for your family’s financial and emotional recovery.
I’ve spent decades on the defense side, and now I represent individuals who have been injured, including children. I am aware of the strategies insurance companies employ to minimize payouts. Let me walk you through what matters most when a minor is injured in Texas and how a personal injury claim works in these cases.
What Makes a Child Injury Case Different in Texas?
Children can’t file lawsuits on their own. In Texas, a parent or legal guardian must file a personal injury claim on behalf of the minor. These cases can involve:
- Car accidents
- Bicycle or pedestrian accidents
- Unsafe conditions on someone else’s property
- Dog bites
- Medical negligence
Because children are legally minors, Texas law takes extra precautions to ensure their settlement money is protected and used in their best interest.
What Damages Can Be Recovered for an Injured Minor?
When a child is injured, two separate categories of damages are involved:
- Parental Claims: These cover the financial impact on parents, including medical bills, out-of-pocket expenses, and sometimes lost wages.
- Minor’s Claims: These include pain and suffering, mental anguish, permanent disability or disfigurement, and loss of future earning capacity.
The minor’s portion of the compensation must be preserved and protected. The court plays a crucial role in ensuring that any settlement serves the child’s long-term well-being.
Does the Court Need to Approve a Child’s Settlement?
Yes. Texas law requires court approval for any personal injury settlement involving a minor. This isn’t just a formality; it’s meant to ensure the settlement is fair and in the child’s best interest.
If the parties reach a settlement, I will prepare and file a friendly suit, which is a lawsuit filed purely for the purpose of obtaining court approval. At the hearing, the judge will review the facts, the injuries, and how the settlement is structured. The court often appoints a guardian ad litem, an independent attorney, to evaluate whether the settlement is fair.
What Happens to the Settlement Funds?
Once a settlement is approved, the funds are not handed over to the parents. Instead, they’re typically managed in one of three ways:
- Blocked accounts: Funds are placed in a court-controlled account that the child can access upon reaching the age of 18.
- Structured settlements: Payments are made over time, typically beginning when the child reaches the age of 18 or 21.
- Special needs trusts are used when a child has a permanent disability and requires lifelong support without jeopardizing their eligibility for government benefits.
I help families choose the right option based on the child’s injuries, long-term needs, and financial planning goals.
What Deadlines Apply to Injury Claims Involving Minors?
Texas personal injury claims usually follow a two-year statute of limitations. But for minors, that clock is paused or tolled until they turn 18. This gives them until their 20th birthday to file a claim for their own damages.
But that doesn’t mean you should wait. Claims for parental damages like medical expenses must be filed within two years of the injury. And the longer you wait, the harder it can be to gather evidence or locate witnesses.
How Is Fault Determined in a Child Injury Case?
Texas follows a modified comparative fault rule. If the injured party is found to be more than 50% at fault, they can’t recover compensation. For minors, this standard is applied differently, depending on the child’s age and developmental ability to understand danger.
For example:
- A toddler may not be expected to recognize hazards.
- A teenager may be held to a higher standard of care, depending on the situation.
As your attorney, I help build a case that takes into account your child’s age, capacity, and the actions of the at-fault party.
How Can a Personal Injury Lawyer Help?
Insurance companies are often quick to offer lowball settlements. They count on parents not knowing how the process works or how much future care could cost.
Here’s what I do to make sure your child’s interests come first:
- Investigate how the injury happened and who is responsible
- Gather medical records, expert opinions, and evidence
- Handle communications with insurance adjusters
- Structure settlements in a way that protects your child’s future
- Represent you in court if the settlement isn’t fair
You don’t have to face these decisions alone. And you don’t have to accept a settlement just because it sounds decent on paper. I help you evaluate whether an offer truly accounts for everything your child has gone through and everything they’ll need.
What Should You Do After a Child’s Injury?
If your child was injured in an accident, here are some immediate steps you should take:
- Seek medical care right away and follow all doctor recommendations.
- Document everything: Keep medical bills, take photos, and write down what happened.
- Do not sign anything from an insurance company without legal advice.
- Talk to a lawyer as soon as possible to protect your family’s rights.
Texas injury laws can be tough to navigate, especially when a child is involved. With the right legal guidance, you can make sure your child is taken care of not just today, but for years to come.
Ready to Talk to a Lawyer Who Knows the Insurance Playbook?
I’m Barry Deacon, and I personally handle every case I take on. After decades working for the other side, I know what the defense is going to try and how to counter it. If your child was seriously injured, I don’t just offer legal advice; I offer support and solutions that make sense for your family.
You won’t pay a cent unless I win. And if the injuries are serious enough to affect your living situation, I’ll pay to help you get by until the case is resolved. That’s not marketing. That’s my promise to the people I serve.
Call Barry Deacon Law at 210-985-8398 (English) or 210-796-4933 (Spanish) to set up a free consultation. Let’s make sure your child gets what they need and what they deserve.
