When a child gets hurt because of someone else’s negligence, it can be one of the most stressful experiences parents can face. Children depend on adults to keep them safe. When that responsibility is ignored, the consequences can be serious. Parents often find themselves asking: Can I bring a personal injury claim on behalf of my child?
In Texas, the answer is generally yes. The law recognizes that children cannot handle legal matters on their own. Parents or legal guardians are usually allowed to pursue injury claims on their behalf. However, these cases can involve unique legal rules and procedures that differ from typical personal injury claims.
At Benton Accident & Injury Lawyers, our attorneys help families across Texas understand their legal rights when a child has been injured. Knowing how these cases work can help parents take the right steps to protect their child’s future.
When Can a Parent Bring a Claim on Behalf of a Child?
Under Texas law, a minor generally cannot file a lawsuit on their own. Instead, a parent, legal guardian, or another responsible adult may bring a claim on the child’s behalf.
This type of case usually arises when a child is injured due to someone else’s negligence. Some common situations include:
- Car accidents involving a child passenger
- Injuries on unsafe property, such as playgrounds or stores
- Dog bites
- Defective toys or products
- School or daycare accidents
- Sports or recreational injuries caused by unsafe conditions
When these incidents occur, a parent or guardian can typically file a claim as the child’s “next friend” or legal representative. This means the adult is pursuing the claim in the child’s best interest.
In some cases, the court may also appoint a guardian to oversee the child’s legal claim. Their job is to ensure that any settlement is handled properly.
Why the Law Treats Child Injury Cases Differently
The legal system recognizes that children are especially vulnerable. Because of this, courts often take extra steps to ensure that a child’s rights are protected during a personal injury case.
For instance, in many Texas cases involving minors, a judge may need to approve any settlement agreement. This helps ensure that the compensation truly serves the child’s long-term interests.
Courts may also place settlement funds into a protected account or trust until the child reaches adulthood. This prevents the money from being misused and helps ensure that the funds are available for future needs such as education, medical care, or other expenses.
These safeguards exist because injuries suffered during childhood can affect a person’s life for many years to come.
What Damages Can Be Recovered in a Child Injury Case?
When a child is injured due to negligence, the law allows families to seek compensation for the harm caused by the accident. In Texas, the damages in a child injury case are often divided between two types of claims.
Damages Belonging to the Child
Some damages belong directly to the child because they relate to the child’s personal suffering and long-term well-being. These damages may include:
- Pain and suffering
- Emotional distress
- Physical impairment or disability
- Disfigurement or scarring
- Loss of future earning capacity
These types of damages recognize that a serious injury can affect a child’s life far beyond the immediate accident.
Damages Belonging to the Parents
In addition to the child’s damages, parents may also have their own legal claims for certain losses related to the injury. These damages may include:
- Medical expenses for the child’s treatment
- Costs of rehabilitation or therapy
- Other out-of-pocket expenses related to the injury
Because parents are typically responsible for paying a child’s medical bills, the law allows them to seek reimbursement for these costs.
How Long Do You Have To File a Claim?
Texas law includes deadlines for filing personal injury lawsuits. These are known as statutes of limitation. In most personal injury cases, the deadline is two years from the date of the injury. However, when the injured person is a minor, the rules may work differently.
In many cases, the statute of limitations for a child’s own claim does not begin to run until the child turns 18. This means the child may still have time to pursue a claim later in life.
Even so, parents should not assume that waiting is a good idea. Evidence can disappear. Memories can fade. Witnesses may become harder to locate over time. Speaking with an attorney early can help ensure the strongest possible case.
Arguments Defendants May Raise in Child Injury Cases
When someone is accused of causing a child’s injuries, they often try to defend themselves by arguing that they were not responsible for the accident. Some common defenses include:
- Denying negligence: A defendant may argue that they acted reasonably and that the accident occurred despite proper care.
- Blaming another party: In some cases, defendants may argue that another person or company was responsible for the accident.
- Claiming the injury was not serious: Insurance companies sometimes attempt to minimize the seriousness of a child’s injuries. They may argue that the injuries were minor or unrelated to the accident.
- Alleging parental responsibility: In certain situations, defendants may attempt to argue that the parents failed to supervise the child properly.
These arguments can make injury cases involving children more complex than they initially appear.
How a Personal Injury Lawyer Can Help
When a child is injured, parents often feel overwhelmed. Medical appointments, insurance issues, and emotional stress can quickly become difficult to manage. An experienced personal injury lawyer can help by:
- Investigating the accident
- Identifying parties with liability
- Calculating damages
- Negotiating with insurance companies
- Protecting the child’s financial future
A skilled lawyer will work with families to pursue justice when children are harmed by negligence.
Contact Benton Accident & Injury Lawyers To Schedule a Free Consultation With a Dallas Child Injury Attorney
When a child is injured in Dallas, Texas, the impact reaches far beyond the immediate medical treatment. Texas law allows parents and guardians to take legal action on behalf of their children.
If your child has been injured because of someone else’s negligence, understanding your options can be an important first step. Contact Benton Accident & Injury Lawyers today at (214) 556-8321 for a free consultation. We will help you understand the process and determine the best path forward.
