Call Now 866.523.4167

A Parent’s Guide to Child Injury Claims in TX

Whether it was a car accident, a fall, or some other accident, when your child is injured, your primary focus as a parent is their health and well-being. However, you’ll also likely need to engage the legal and insurance claim process to ensure they receive proper compensation for their injuries and the pain they endured.

Texas has specific laws and complex procedures to navigate child injury claims. However, the Law Giant and the whole personal injury team at The Law Giant, Personal Injury & Accident Lawyers are here to offer straightforward guidance to Texas families so they understand their rights and the steps to take to pursue their child’s full recovery.

Texas Personal Injury Claims Involving Children

In Texas, a personal injury claim on behalf of a child can be filed when a child suffers harm due to someone else’s negligence or intentional wrongdoing. These claims aim to obtain compensation that addresses the full spectrum of the child’s needs — from immediate medical expenses to the potential for long-term care costs.

Scenarios that may warrant a child injury claim

  • Playground Mishaps: Liability may rest on the shoulders of schools or local authorities tasked with maintaining safe playground environments.
  • Auto Collisions :These claims can be complex, involving other drivers, commercial trucks, or vehicle manufacturers, especially if equipment failure played a role in the incident.
  • Animal Attacks: Dog bites are particularly common, and in Texas, the owner may be held liable if it is proven that the dog had shown previous aggression.
  • Medical Malpractice: In Texas, such claims arise when a healthcare provider’s negligence causes harm to a child, involving errors in diagnosis, treatment, or medication. Proof requires establishing a breach in the standard of care linked directly to the injury.

Texas Laws & Statutes for Injured Minors

In Texas, injury claims involving minors are subject to unique considerations. The law mandates that child injury claims honor the developmental status of children, accounting for their inability to advocate for themselves. This means laws are designed to protect minors from their claims expiring before they reach an age where they can pursue action independently.

The Extended Statute of Limitations for Minors

Typically, personal injury claims in Texas have a two-year statute of limitations. However, when the injured party is a minor, this countdown does not begin until their 18th birthday, providing them until age 20 to file a claim. This extension ensures minors can seek compensation for injuries that may have long-lasting or delayed effects.

Court Approval for Settlements Involving Minors

Texas law also requires court approval for any settlement involving a minor. This process consists of a hearing where a judge reviews the settlement terms to ensure they serve the child’s best interests. The court must confirm that the settlement amount is fair and that the distribution of funds is appropriate, considering the child’s current and future needs. This might include setting up a structured settlement or trust to manage the funds until the child reaches maturity.

Proportionate Responsibility for Injured Minors

Texas law applies a principle of modified comparative fault in injury cases, meaning compensation may be reduced according to the parties’ degree of fault. In cases involving an injured child, compensation can still be reduced if they were deemed partially responsible. Given that children may not possess an adult’s ability to foresee risk, courts may assign less blame than an adult under similar circumstances.

Texas Child Injury Claim Process: Step-by-Step for Parents

No matter how it happens, when a child sustains an injury, the steps taken immediately afterward are pivotal in shaping the claims process. Here are some steps that may make filing an insurance claim or lawsuit for your child easier.

Seek Medical Care

An immediate medical evaluation is crucial if your child is hurt in any accident. This not only protects the well-being of your child but also establishes a record of the injury. Ensure you follow through with all recommended treatments and secure documentation, including diagnoses, treatments administered, and prognoses.

Document Your Child’s Injury

Documentation is critical when you file a claim on your child’s behalf. Ask the healthcare provider for copies of all medical records. These documents should include details of any emergency room visits, doctor’s appointments, medications prescribed, and therapies recommended.

Report the Injury

Report the incident to the authorities as soon as possible. Depending on the nature of the injury, this could be the local police, school officials, property owners, or animal control. Official reports create an indispensable record that corroborates the incident.

Gather Evidence & Witness Reports

Gather all relevant evidence that may shed light on your child’s injury. This includes tangible proof, like medical records, bills, photos related to the injuries, eyewitness reports, and other materials offering a detailed and unbiased account of the event.

Consult an Experienced Lawyer

To maximize your child’s recovery after a severe injury, secure a lawyer with experience handling child injury claims in TX. Their skill in minor-specific laws and the complexities of dealing with large insurance companies will help ensure the best possible outcome for your child’s case.

TX Child Injury Claims: Tips for Parents

No one ever wants to see their child hurt. While financial compensation won’t fix everything, an injury claim on their half can go a long way to helping them and your family move on after a tragic accident.

But be prepared for challenges. Proving fault and navigating insurance company delays are common hurdles when children are involved. To overcome them, gather evidence meticulously, document your child’s recovery journey, and consult a lawyer early. They can help expedite the process and ensure a fair settlement that reflects your child’s long-term needs, including future medical care and potential changes in life trajectory.

Things to Remember

Don’t underestimate the long-term impact of your child’s injury. Initial settlement offers might not account for future medical expenses or how the injury affects their lives. Insurance companies may use tactics to downplay your claim. Never settle without a lawyer to advocate for your child’s best interests.

Let the Law Giant Fight for Your Child

At The Law Giant, Personal Injury & Accident Lawyers, we want justice for injured children in Texas and ensure they are treated appropriately by large, powerful insurance companies. Dealing with an injured child may seem overwhelming, but with The Law Giant’s support, we’ll stand by your side and recover all the compensation your child deserves.

Our team of Texas personal injury lawyers has helped countless victims get the settlements they need to move forward with life. We can help you, too. Call (866) 435-5219 or use our contact form for a free, no-risk case evaluation. There’s no fee unless you recover compensation.

Alex Begum - Super Lawyers badge Lead Counsel logo American Association for Justice logo National Trial Lawyers Award Trial Lawyers Association logo San Antonio Trial Lawyers Association logo ABA logo Attorney and Practice Magazine top 10 logo Cameron County Bar logo Best Attorneys of America logo