When a child suffers injuries in a Texas car accident, a parent or legal guardian has the right to file a personal injury claim on the child’s behalf to recover medical expenses, future care costs, pain and suffering, and other damages from the at-fault driver.
Texas law treats these cases differently from standard adult injury claims. The filing deadlines, settlement approval process, and how damages are divided between the child and the parents all follow specific rules that directly affect how much compensation your family can recover.
This guide explains how child injury claims work in Texas, what steps to take after a crash, and what your family is entitled to recover.
What Injuries Do Children Commonly Suffer in Car Crashes?
Children suffer different injury patterns than adults because their skulls, spines, and bones are still developing. That’s why a pediatric doctor should evaluate your child after any crash, even if they seem fine at first.
Here are the most common child injuries we see in Texas car accident cases:
- Head and brain injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) are frequent. A TBI is any damage to the brain caused by a sudden jolt or blow to the head. Watch for delayed symptoms like persistent headaches, vomiting, mood swings, or disrupted sleep.
- Abdominal and internal injuries: Children too small for adult seat belts often suffer what doctors call “seat belt syndrome”—internal organ or spinal damage from a lap belt. Internal bleeding may not be visible, so imaging is critical.
- Growth plate fractures: These are breaks near the ends of a child’s bones that can affect how they grow long term. Restrained children also commonly suffer rib and collarbone fractures from harness impact.
- Psychological trauma: PTSD, anxiety, sleep problems, and behavioral regression are real, documented injuries—not something your child will simply grow out of. Texas law treats these as compensable damages.
What Should You Do Immediately After a Crash Involving Your Child?
Your three priorities are medical care first, evidence second, and legal protection third. Here’s the exact sequence to follow:
- Get pediatric medical care immediately. Take your child to a pediatric trauma center or their doctor rather than a standard adult ER if you have a choice. Follow up even if symptoms seem minor—some injuries take days to appear.
- Photograph the car seat before anything is moved. Capture the harness routing, seat belt position, and all vehicle damage. Save the physical car seat itself—it is a key piece of evidence.
- Start a paper trail. Keep every medical bill, therapy note, and out-of-pocket receipt. Start a journal tracking behavioral, sleep, or school changes to document your child’s pain and suffering over time.
- Don’t give a recorded statement. Never give a recorded statement to the other driver’s insurance adjuster before calling a Texas car accident lawyer. One misstated sentence can be used to reduce your child’s entire claim.
Who Can File a Car Accident Claim for a Minor in Texas?
In Texas, a minor cannot legally hire a lawyer, file a lawsuit, or sign a settlement. A parent, legal guardian, or court-appointed “next friend” must file the claim on the child’s behalf. A next friend is simply an adult who steps into court to represent a child’s interests when no formal guardian is available.
The claim is typically split into two separate parts:
- The parents’ claim covers expenses you personally paid—medical bills, out-of-pocket costs, and wages you lost while caring for your child.
- The child’s claim covers their own damages—pain and suffering, future medical care, loss of earning capacity, and disfigurement.
Understanding this split matters because the deadlines for each claim are different, which I’ll cover next.
How Long Do You Have to File a Child Injury Claim in Texas?
Texas has a two-year statute of limitations for personal injury claims—but this deadline works differently for children. Under Texas Civil Practice and Remedies Code Section 16.001, the two-year clock is “tolled” (paused) for minors. That means it doesn’t start running until your child turns 18, giving them until their 20th birthday to file their own claim.
That said, the parents’ claim is not tolled. If you want to recover the medical bills you personally paid, you have exactly two years from the date of the crash to file.
Here’s a quick summary:
| Claim Type | Filing Deadline |
| Child’s personal injury claim | By the child’s 20th birthday |
| Parents’ claim for medical expenses paid | Two years from the crash date |
| Wrongful death claim | Two years from the date of death |
Even though your child has time, waiting is risky. Evidence disappears and witnesses forget details fast—sometimes within weeks.
Do Minor Settlements Require Court Approval in Texas?
Yes. In Texas, most meaningful settlements involving a child must be approved by a judge. This is a legal safeguard designed to protect your child’s money—not an obstacle. I handle the entire approval process so your family doesn’t have to navigate the courthouse alone.
When Does a Court Appoint a Guardian ad Litem?
For larger settlements, a judge may appoint a guardian ad litem—an independent attorney whose only job is to review the settlement and confirm it’s fair for your child. They represent your child’s interests, not yours or the insurance company’s.
What Is a Friendly Suit in Texas?
A friendly suit is a non-adversarial lawsuit filed solely to get a judge’s signature approving the settlement. Your child typically doesn’t need to appear in court. Once approved, funds are placed into a restricted account or structured annuity—money that’s available for medical needs now, with the balance held safely until your child turns 18.
Can Car Seat Misuse Reduce Your Child’s Compensation?
It can affect the value of your case, but it rarely prevents you from recovering compensation entirely. Texas follows a proportionate responsibility rule under Chapter 33 of the Civil Practice and Remedies Code. This means each party is assigned a percentage of fault, and you can still recover damages as long as your share of fault is 50% or less.
Defense attorneys will often argue that an improperly installed car seat—rather than the other driver’s negligence—caused your child’s injuries. I counter these tactics using accident reconstruction experts and child-restraint specialists who can prove what actually caused the harm.
What Damages Can Your Child and Family Recover?
Texas law allows two main categories of damages: economic damages (measurable financial losses) and non-economic damages (pain, suffering, and life impact). In rare cases involving extreme negligence, punitive damages may also apply.
- Medical expenses and future care: Past and future medical bills, rehabilitation, therapy, assistive equipment, and projected lifetime care costs for serious injuries. For catastrophic cases, I work with life-care planners to document every future expense.
- Pain, suffering, and loss of quality of life: Physical pain, mental anguish, disfigurement, and reduced enjoyment of life. Because your child has decades ahead of them, these damages are often significant.
- Parents’ out-of-pocket losses: Lost wages from missed work, caregiving costs, and any expenses you paid directly from your own pocket.
How Do Insurance Companies Handle Child Injury Claims?
Insurers move fast when a child is involved—and not in your favor. They know you’re emotionally stretched and financially pressured, and they rely on common adjuster tactics to use that to their advantage.
Here are three tactics I see regularly:
- Quick lowball offers made before the full extent of your child’s injuries is known—especially dangerous with TBIs and growth plate injuries that take months to fully diagnose.
- Blanket medical authorization requests designed to dig through your child’s past health records looking for pre-existing conditions to blame.
- Recorded statement requests framed as routine, but designed to get you to minimize your child’s symptoms on record.
Settling too early locks in a number that may not cover future surgeries, therapy, or developmental setbacks. Don’t sign anything before speaking with a lawyer.
When Should You Hire a Texas Child Injury Lawyer?
Hire a lawyer before you speak with the other driver’s insurance company—not after. You especially need legal representation if:
- Your child was hospitalized or required surgery.
- There is any concussion, TBI, or spinal injury involved.
- The other driver is disputing fault or was uninsured.
- A commercial vehicle, rideshare driver, or truck was involved.
- The insurer has already offered you a settlement check.
Your consultation with me is completely free, and you pay nothing unless we win.
Why Choose Perrin Law PLLC for Your Child’s Case?
I represent Texas injury victims and their families in complex cases involving truck accidents, wrongful death, defective products, and catastrophic injuries. I prepare every case as if it’s going to trial—because that’s what makes insurance companies take your claim seriously.
When you hire Perrin Law PLLC Injury & Accident Lawyer, you work directly with me. Not a paralegal. Not a case manager. Me. And because we work on contingency, you pay zero legal fees unless we recover compensation for your family. Contact Perrin Law PLLC Injury & Accident Lawyer today to schedule your free, confidential consultation.
Texas Child Car Accident FAQs
Does a Texas Minor’s Car Accident Settlement Require a Judge’s Approval?
Yes—Texas courts must approve any meaningful settlement involving a minor to ensure the funds are fair and properly protected for the child’s future.
Can a Child’s Car Accident Case Settle Without Filing a Lawsuit?
You can reach a settlement with the insurance company outside of court, but you’ll still need to file a friendly suit so a judge can formally approve the terms.
Does Uninsured Motorist Coverage Apply to a Child Passenger in Texas?
Yes—your UM/UIM (Uninsured/Underinsured Motorist) coverage protects all passengers in your vehicle, including your child, if the at-fault driver had no insurance or not enough.
Can You Still Recover Compensation If the Car Seat Was Improperly Installed?
Yes, as long as your share of fault is 50% or less under Texas’s proportionate responsibility rule, though the defense may use the installation issue to argue for reduced damages.
How Are a Minor’s Settlement Funds Protected Until Age 18?
Approved funds are typically placed into a court-controlled restricted account or a structured annuity that holds the money safely until your child reaches adulthood.