Get your child examined, keep every record, and know that the law gives children extra protection. A parent normally brings the claim as next friend, any settlement must be approved by a court to be binding, and the two-year deadline generally does not start running on the child’s own claim until the child turns 18.
Children are hurt differently than adults and often cannot describe what they feel. A pediatric emergency department or the child’s pediatrician should examine any child involved in a crash, even if the child seems fine, and parents should note changes in sleep, behavior, appetite, or school performance in the days that follow. Those notes become evidence.
A child cannot sue in their own name. Texas Rule of Civil Procedure 44 allows a minor to sue through a next friend, usually a parent, and allows the next friend to settle or agree to a judgment only with the court’s approval. Once approved, the settlement is binding on the child. Courts frequently appoint a guardian ad litem to review whether a proposed settlement serves the child’s interests, and settlement money for a minor is commonly protected in a court registry, trust, or structured arrangement rather than paid out freely.
The deadline works differently for children. Civil Practice and Remedies Code section 16.001 treats a person younger than 18 as under a legal disability and excludes that time from the limitations period, so the child’s own two-year period generally starts at 18. Do not wait on that basis. Evidence disappears, and claims that belong to the parents, such as for medical bills the parents pay, can be on a different clock.
Car seats come up in these cases. Transportation Code section 545.412 requires a child younger than eight to ride in a child passenger safety seat system unless the child is taller than four feet, nine inches. Insurers sometimes raise seat use to reduce a claim, so photograph the seat and keep it after the crash.
Who was driving changes the claim. If a parent was driving and another driver caused the crash, the child’s claim is against the at-fault driver. If the parent was at fault, the child may have a claim against the parent’s own liability coverage, which is how insurance is meant to work, though policy exclusions and the guest rule can affect it. A lawyer can sort out which coverage applies without the family having to pay out of pocket.
Owsley Law Firm represents injured children and their families across Texas and charges no fee unless it wins.
What to do, step by step
- Get the child examined by a pediatric provider.
- Keep the car seat and photograph it.
- Write down changes in sleep, behavior, and school performance.
- Keep every medical bill and record.
- Talk to a lawyer before signing anything for the child.
The value of a child’s claim includes future effects that may not be known for years: growth plate injuries, scarring that changes as the child grows, or cognitive effects of a head injury that show up in school. Settling too early can leave those out, which is part of why courts review minors’ settlements.
Parents often have their own claims, such as for the medical expenses they pay while the child is a minor. Those claims and the child’s claim should be handled together so nothing is lost.
If the child was in a rideshare, a school bus, or a daycare vehicle, other coverage and other rules come into play, including Tort Claims Act notice deadlines for public school buses. Identify every vehicle and every adult responsible for the child at the time of the crash.
Mistakes that cost people money
- Assuming a child who seems fine was not hurt.
- Throwing away the car seat after the crash.
- Signing a release for a child without court approval.
- Waiting until the child turns 18 to act.
Related questions
Do I need a court to approve my child’s settlement?
Yes. Texas Rule of Civil Procedure 44 allows a next friend to settle a child’s suit only with court approval, and the approval makes it binding.
How long do we have to file for my child?
The child’s own limitations period generally does not run until age 18 under section 16.001, but parents’ claims and evidence do not wait. Act promptly.
Where does the settlement money go?
Courts commonly require a minor’s funds to be protected, for example in a court registry, trust, or structured settlement, until the child is an adult.
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