Common Questions / Child Injuries
What happens when my child is injured in Texas?
The child's claim gets special protection: the limitations clock generally pauses until age eighteen, settlements require court approval, and recovered funds are safeguarded until adulthood. But the parents' own claim for the child's medical bills runs on the ordinary two-year deadline, a trap families rarely see.
Two claims, two very different clocks
When a minor is injured, Texas law actually creates two claims. The child's claim, for pain, impairment, disfigurement, and losses that follow into adulthood, is tolled by Texas law: the two-year limitations period generally does not begin until the eighteenth birthday. The medical expenses incurred during childhood, however, belong to the parents, and the parents' claim runs on the ordinary clock from the injury. Families who relax because the child's deadline is a decade away routinely lose the medical-expense claim entirely, and with it, much of the recoverable money. Evidence, of course, honors neither clock; the scene, the video, and the witnesses decay at the same speed as in any case.
Courts guard the child's settlement
A minor cannot legally sign a release, so a child's settlement is not final until a court approves it, typically through a short proceeding lawyers call a friendly suit. The judge appoints an independent attorney, a guardian ad litem, to review the settlement solely from the child's perspective: is the amount fair, are the fees and expenses reasonable, is the child's share protected. It is one of the few moments in civil law where a neutral lawyer double-checks the deal, and families should understand it as protection, not red tape. This firm regularly works within that process, and structures the presentation so approval is a confirmation rather than a fight.
Where the money goes until eighteen
Approved funds do not go into a parent's checking account. Texas courts protect a minor's recovery, commonly by depositing it into the registry of the court until the child turns eighteen, or by purchasing a structured settlement annuity that pays out on a schedule, often timed to college years and early adulthood. Structures can grow the recovery tax-advantaged and shield it from everyone, including well-meaning relatives. The right vehicle depends on the amount, the child's needs, and any ongoing care, and it is a decision the family makes with counsel, not one imposed.
What parents should do now
Get the medical care documented thoroughly, photograph everything, and identify witnesses exactly as you would for your own injury, then have both claims and both deadlines mapped promptly. Children heal differently, and injuries to growth plates, developing brains, and young spines sometimes reveal their real consequences years later, which makes early specialist evaluation both good medicine and essential evidence. The consultation is free, and with a child's future in the file, it is the least expensive protection available.
Injured in Arizona? Some rules on this page are Texas-specific. Arizona differs on points that change outcomes, including pure comparative fault and government-claim deadlines. See our Arizona answers or call (888) 508-6967.
Related: Texas Filing Deadlines · What Is My Case Worth? · Submit Your Case · All Common Questions
This page is general information about Texas law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.
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