Injury Claims for Minors: How Texas Law Handles Car Accidents Involving Children
Car accidents are traumatic for any victim, but when a child is injured, the emotional and legal complexities multiply. In Texas, the law provides special protections and procedures when minors are involved in motor vehicle collisions. As a parent or guardian, it’s critical to understand your child’s rights, your role in the legal process, and how to pursue compensation for your family’s pain and suffering.
At Carrollton Injury Law, we put the “personal” back into personal injury law—especially when vulnerable children are harmed. In this article, we’ll break down how minor injury law works in Texas, what parents need to know about settlements, and how to navigate the legal process for child injury claims.
Why Minor Injury Law in Texas Is Different
Under Texas law, a minor is any individual under the age of 18. Because minors lack legal capacity, they cannot file lawsuits, enter contracts, or accept legal settlements on their own. This is why the Texas civil legal system requires that a parent or legal guardian act on the child’s behalf in personal injury claims—including car accident cases.
Additionally, the law places a heightened duty of care on parties when children are involved. This can affect both liability findings and the scope of damages.
Common Car Accident Injuries in Children
Children are more physically vulnerable in car crashes, even when restrained. Some of the most frequent injuries include:
Spinal cord injuries
Fractures or broken bones
Facial injuries
Internal organ damage
Psychological trauma or PTSD
Even minor accidents can have long-term consequences in children due to ongoing growth and development. That’s why it's crucial to seek immediate medical care and legal support.
Who Can File a Claim on Behalf of a Minor?
In most cases, a parent or legal guardian files the claim. However, if a settlement is proposed, the court may appoint a guardian ad litem—a neutral attorney whose job is to ensure the child’s best interests are protected.
If no parent is available or suitable, a court may appoint someone else to represent the minor.
Proving Liability When a Child Is Injured
Like any personal injury case, a child injury claim must establish:
Duty of care – The driver had a responsibility to drive safely.
Breach of duty – The driver failed in that responsibility (e.g., speeding, distracted driving).
Causation – The driver’s actions directly caused the crash.
Damages – The child suffered injuries and losses.
Police reports, medical records, accident reconstruction, and witness statements are often used to support the claim.
The Legal Process for Child Injury Claims
Here’s how the process typically unfolds:
Medical Treatment: Document the extent of the injuries and prognosis.
Hire an Attorney: A personal injury lawyer experienced in Texas minor injury law can guide the process.
Investigation: Gather evidence, interview witnesses, and determine fault.
Demand Letter: Submit a detailed claim to the at-fault party’s insurance.
Settlement Negotiations: Attempt to reach a fair resolution without trial.
Court Petition: If a settlement is reached, the court must approve it.
Structured Settlements or Trusts: The court may require the funds to be placed in a protected account for the child.
What Damages Can Be Recovered for a Minor?
Texas law allows families to seek compensation for both the child’s damages and the parent’s losses, which may include:
Child’s Damages:
Pain and suffering
Mental anguish
Physical disfigurement or disability
Future medical costs
Loss of earning capacity (if applicable)
Parent’s Damages:
Medical expenses (past and future)
Costs of rehabilitation or therapy
Emotional distress (in some cases)
Texas courts aim to ensure that any recovery is used in the best interest of the child.
Court Approval for a Texas Car Crash Child Settlement
Unlike settlements for adults, a car accident settlement involving a child must be reviewed and approved by a Texas court—even if no lawsuit has been formally filed.
This protects the child from:
Receiving an unfairly low amount
Having their funds misused
Being exploited by insurance companies
Once the judge reviews the case and approves the settlement, the funds are typically managed in one of two ways:
Structured Settlement: Scheduled payments made over time.
Trust or Registry of the Court: The funds are held until the child turns 18.
Role of a Guardian Ad Litem
When a court is asked to approve a settlement involving a minor, it often appoints a guardian ad litem—an independent attorney whose duty is to assess the fairness of the proposed settlement.
The guardian ad litem:
Reviews the child’s injuries
Examines the proposed settlement
Makes a recommendation to the judge
Ensures the child’s legal interests are fully protected
Statute of Limitations in Texas for Child Injury Claims
Texas generally allows two years from the date of the accident to file a personal injury lawsuit. However, when the injured party is a minor, the statute of limitations is tolled (paused) until the child turns 18.
That means:
The child has until age 20 to file a lawsuit on their own.
Parents, however, must file any claims for medical expenses they paid within two years of the incident.
Delays can lead to lost evidence, witness issues, and insurance denials—so it's always best to take action as early as possible.
Why Legal Help Is Critical in Child Injury Cases
Insurance companies know that families are emotionally overwhelmed after a child is hurt. They may offer quick, low settlements in hopes you’ll sign away your rights.
At Carrollton Injury Law, we’re here to fight for your family and ensure:
All responsible parties are held accountable
Your child receives proper care and compensation
Settlements are structured to protect your child’s financial future
You understand every step of the process
We handle the legal complexities so you can focus on your child’s recovery.
FAQs About Child Injury Claims in Texas
How is a child’s injury settlement different from an adult’s?
Child settlements must be approved by a judge. Funds are usually held in trust or paid through structured settlements to protect the child’s future.
Can I use the settlement money now for my child’s care?
Courts may allow part of the settlement to be used for immediate medical needs. Most of the funds, however, are restricted until the child turns 18.
What if my child was partially at fault for the accident?
Texas follows modified comparative fault. If the child is found to be more than 50% responsible, they may not be eligible for damages. Under 50%, their compensation may be reduced.
Do I need a lawyer to file a claim for my child?
While it’s not legally required, it is highly recommended. Minor injury law in Texas is complex, and insurance companies often resist fair payouts without legal pressure.
How long does it take to resolve a child injury claim?
It varies depending on the case’s complexity and severity of injuries. Cases can take a few months to over a year. Medical recovery timelines often affect settlement timing.
Speak With a Carrollton Personal Injury Lawyer
If your child was injured in a Texas car accident, you deserve legal support that’s compassionate, thorough, and focused on doing what’s best for your family.
At Carrollton Injury Law, we’ve helped countless families navigate the legal process for child injury claims. We’ll pursue full and fair compensation—and make sure your child’s future is protected every step of the way.
Don’t wait to get answers. Talk to our legal team today and find out what your next steps should be.
