Filing a Lawsuit for a Minor in Texas: What Parents Should Know
When a Minor is hurt because of someone else’s negligence, the emotional toll can be overwhelming. But beyond the medical care and healing process, there’s often another important question: Can I file a lawsuit on behalf of my child in Texas?
The short answer is yes. Under Texas law, minors (children under 18) cannot file lawsuits on their own. However, their parent or legal guardian can file a claim on their behalf. This process involves special rules and procedures to ensure the child’s best interests are protected.
Here’s everything parents should know about filing a personal injury lawsuit for a minor in Texas, from legal rights to settlement approval and timelines.
When Can You File a Lawsuit for a Minor?
Texas law allows parents or guardians to file lawsuits for minors when the child has been:
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Injured in a car accident
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Hurt due to medical malpractice
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Bitten by a dog or another animal
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Injured on unsafe premises (like a school, playground, or business)
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Harmed by dangerous products or defective toys
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A victim of physical abuse or neglect
If the child’s injuries were caused by someone else’s negligence, you may be able to file a personal injury lawsuit on their behalf.
Who Can File the Lawsuit?
Typically, the lawsuit is filed by:
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A parent
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A legal guardian
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A court-appointed next friend (in cases where no parent or guardian is available or appropriate)
The person who files the lawsuit does not receive compensation directly—the damages are awarded to the child, and special steps are taken to ensure the money is protected until the child turns 18.
What Damages Can Be Recovered for the Minor?
When filing a lawsuit for a minor in Texas, you can recover compensation for:
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Medical Expenses
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Both past and future medical care related to the injury
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Pain and Suffering
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Emotional distress, trauma, and long-term effects
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Loss of Enjoyment of Life
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When injuries limit a child’s ability to participate in activities
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Permanent Disability or Disfigurement
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For lasting injuries that impact a child’s future
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In some cases, parents may also file a separate claim for the costs they personally incur, such as lost income from missing work to care for the child.
Special Requirements for Lawsuits Involving Minors
Texas has strict rules for protecting minors in legal proceedings. If a settlement is reached, it typically must be approved by a judge to make sure it is fair and in the child’s best interest.
Key considerations include:
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Court Approval of Settlement
For larger settlements, the court may hold a hearing to review and approve the terms. -
Use of a Trust or Restricted Account
The court may require the funds to be placed in a court-approved trust, annuity, or restricted bank account. The child will gain access to the money when they turn 18 unless otherwise ordered. -
Guardian ad Litem
In some cases, the court may appoint a guardian ad litem, a neutral third party who evaluates whether the settlement is in the minor’s best interest.
Statute of Limitations for Minors in Texas
In most personal injury cases, adults in Texas have two years from the date of the injury to file a claim. But when a child is injured, the clock works differently.
Texas law allows the statute of limitations to be “tolled” (paused) until the child turns 18. This means the child typically has two years after their 18th birthday to file their own lawsuit if one hasn’t already been filed by a parent or guardian.
However, it’s almost always better to act sooner rather than later. Evidence, witness statements, and medical documentation are easier to collect and preserve shortly after the incident.
Why You Need a Personal Injury Attorney
Filing a lawsuit for a minor involves navigating complex legal procedures, securing court approval, and protecting your child’s future. A Texas personal injury attorney with experience in child injury claims can help you:
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Understand your legal options
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File paperwork properly and on time
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Maximize the value of your child’s claim
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Handle settlement negotiations
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Ensure any award or settlement is legally protected
Having a knowledgeable advocate by your side can make all the difference in securing justice and peace of mind.
Common Child Injury Scenarios in Texas
Many child injury cases in Texas involve:
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Daycare negligence
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School bus accidents
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Playground and schoolyard injuries
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Defective car seats, toys, or strollers
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Swimming pool accidents
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Slip and falls in public places
In any of these scenarios, proving negligence is key. Your lawyer will gather evidence, interview witnesses, and build a strong case to support your child’s recovery.
Final Thoughts: Protecting Your Child’s Future
Filing a lawsuit for a minor may feel daunting—but it’s an essential step toward protecting your child’s health, future, and financial well-being. As a parent, your goal is to provide safety, care, and opportunity. Legal action can help secure the resources your child needs to heal and thrive.
At Daniel Stark Law Firm, we fight for families across Texas. If your child has been injured due to someone else’s negligence, we’re here to help you understand your rights and guide you every step of the way.