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There is no instinct stronger than a parent’s drive to protect their child. When you are driving down I-35 through Georgetown or navigating the traffic on Highway 29, you do everything right. You buckle them in. You drive defensively. But you cannot control the actions of a distracted or reckless driver in another lane.
When a collision happens and a child is hurt, the burden weighs heavier. It isn’t just about vehicle repairs or missed work; it is about the stewardship of a young life entrusted to your care. You want restoration for them. You want to ensure their future is not stolen by a preventable injury.
Texas law recognizes that children are not just “small adults” in the eyes of the court. The path to justice for a minor involves specific statutes and procedural safeguards designed to protect their interests above all else. At Lonestar Legal, we walk this path with you. We fight for the truth and ensure that the legal system respects the unique needs of your family.
Minors Cannot Sue on Their Own
In Texas, a child under the age of 18 generally lacks the legal capacity to file a lawsuit directly. They are considered under a “legal disability” in the eyes of the civil court system. This does not mean they cannot recover damages; it means a responsible adult must act as their voice.
Texas Rule of Civil Procedure 44 establishes the “Next Friend” doctrine. This rule allows a minor who has no legal guardian to sue through a “next friend.” In most cases, this is a parent. As the “next friend,” you stand in the gap for your child. You make the decisions regarding the lawsuit, hire the attorney, and manage the litigation process.
But this role comes with a heavy responsibility. The court watches closely to ensure the “next friend” does not have interests that conflict with the child. For example, if you were driving the car and might be partially at fault for the accident, the court may appoint a guardian ad litem-a neutral third party-to strictly protect the child’s financial interests during the settlement process.
The Clock Ticks Differently for Children
For most car accident claims in Texas, the statute of limitations is two years. If you do not file suit within two years of the crash, you lose your right to seek compensation forever.
For children, the law offers grace. Under Texas Civil Practice and Remedies Code § 16.001, the statute of limitations is “tolled” (paused) while the claimant is under a legal disability. Because being under 18 is a legal disability, the two-year clock generally does not begin to tick until the child turns 18.
Practically, this means a child injured at age 10 could technically wait until age 20 to file a lawsuit regarding their own pain and suffering. Even so, waiting is rarely the wise path. Evidence disappears. Witnesses move away. Memories fade. While the law allows for a delay, justice usually favors those who act quickly to preserve the truth of what happened.
Settlements Require Court Approval (The “Friendly Suit”)
If an insurance company offers a settlement for your child’s injury, you cannot simply sign the release and deposit the check into your personal bank account. Texas judges view settlement money for a minor as the minor’s property, not the parents’.
To finalize a settlement for a minor, we often must file what is known as a “friendly suit” or attend a “prove-up” hearing. This is a procedural safeguard. We present the facts of the case, the extent of the injuries, and the settlement amount to a judge. The judge reviews the details to verify that the settlement is fair and in the best interest of the child.
If the settlement amount is significant, Chapter 142 of the Texas Property Code may require the funds to be placed into the registry of the court or into a structured annuity. The money is held there, growing with interest, until the child reaches adulthood. This ensures the funds are actually there when the child needs them for college, medical care, or starting their adult life, rather than being spent on household bills today.
Recovering the Right Damages
Injuries to children carry different financial implications than injuries to adults. A broken bone in a growing child can affect growth plates, leading to surgeries years down the road. A traumatic brain injury can alter a child’s educational trajectory and future earning capacity before they have ever worked a day in their lives.
When we build a claim for a child, we look at:
- Pain and Suffering: The physical and emotional trauma the child endured.
- Medical Expenses: Interestingly, the claim for medical bills incurred before the child turns 18 usually belongs to the parents, as they are legally responsible for the child’s care. Crucially, the parents’ claim for these bills is NOT tolled; it must be filed within the standard two-year window.
- Loss of Future Earning Capacity: If a permanent disability will prevent the child from entering the workforce or limit their career options, Texas law allows for compensation.
Safety Seat Violations and Liability
Defense attorneys often look for ways to shift blame. In Texas, the failure to use a child safety seat is a criminal offense under Texas Transportation Code § 545.412. While defense teams may try to argue that a parent’s failure to restrain a child contributed to the injuries, our job is to keep the focus on the negligence that caused the crash. The primary fault lies with the driver who ran the red light or text-messaged while driving, not the parent trying to manage a chaotic backseat. We stand firm against attempts to blame the victims.
Local Court Considerations in Williamson County
If your case proceeds to litigation, it will likely be heard in the Williamson County courts, potentially at the Justice Center on Martin Luther King Street right here in Georgetown.
Williamson County judges are known for being thorough. They take the “prove-up” hearings for minors seriously. They will want to see clear evidence that the child has physically recovered or that there is a solid plan for future care. They typically require the minor to be present in court so the judge can ask them simple questions, ensuring they understand (to their age level) what is happening. We prepare you and your child for this. We ensure the court sees the full picture of the impact on your family.
Your Family’s Future Matters
You are not just a case number to us. You are a neighbor in Georgetown, a fellow Texan, and a family trying to heal. The legal system can be a maze, but you do not have to walk it alone. We take on the legal battle so you can focus on what matters most: comforting your child and restoring your home.
If your child has been hurt, let us help you seek the justice they deserve.
Call us at 737-234-8831 for a free consultation. We are ready to listen.
