How to File a Personal Injury Lawsuit on Behalf of Your Child in Texas

When your child is hurt, your world changes. One moment you’re worrying about homework and soccer games. The next, you’re sitting in a hospital room asking questions you never thought you’d have to ask. How will they heal? Will they be okay? And maybe, do I have legal options to protect them?

In Texas, you do. Parents and legal guardians have the right to file a personal injury lawsuit on behalf of their injured children. Working with an experienced child injury lawyer can help you understand your rights and build a strong case for your child’s future.

And while it may sound overwhelming, knowing the basics can make the process feel a little less intimidating. Let’s walk through what you need to know.

Can a minor file a lawsuit in Texas?

Here’s the short answer: no, a minor cannot file a lawsuit in Texas. Children under 18 don’t have the legal standing to bring a lawsuit on their own.

So what happens if a child is injured? Texas law allows a parent, legal guardian, or another responsible adult to step in and file a lawsuit on the child’s behalf. This person is called a “next friend.” It’s just a legal term meaning the adult is acting in the best interests of the child.

So, with a responsible adult’s help, a personal injury claim can move forward to protect the child’s rights and future.

You can read more about “next friend” actions under Texas Rules of Civil Procedure Rule 44.

What kinds of claims can you bring for a child’s injuries?

Personal injury claims involving minors can arise from all sorts of situations, including:

• Car accidents
• Dog bites
• Playground or school injuries
• Daycare negligence
• Medical malpractice
• Dangerous or defective products

And it’s not just about physical injuries. Claims can also involve emotional trauma, psychological harm, and impacts that might not surface until later.

Texas recognizes that childhood injuries can have long-lasting consequences. When you file a child personal injury claim, you’re not just seeking help for today’s bills—you’re protecting their future.

How long do you have to file a personal injury lawsuit in Texas?

Good question, and an important one.

Normally, under the Texas statute of limitations personal injury rule (Texas Civil Practice and Remedies Code § 16.003), injured adults have two years from the date of the incident to file a lawsuit. But what about kids?

When a child is injured, the “clock” doesn’t start ticking until they turn 18. In other words, they typically have two years from their 18th birthday to file a lawsuit on their own if no one else has filed it yet.

However, and this is a big “however,” parents must act quickly if they’re filing for things like medical expenses they’ve personally paid. Those claims still fall under the regular two-year rule, regardless of the child’s age. Waiting too long could mean losing your chance to file.

How do personal injury settlements for minors work in Texas?

Here’s where things get a little technical. If a settlement is reached in a child’s personal injury case, Texas courts usually require formal approval before any money changes hands. Why? To make sure the settlement truly serves the child’s best interests, not anyone else’s.

That’s why Texas personal injury settlements involving minors often involve a few extra steps, like:

• Asking a judge to approve the settlement
• Likely appointing a guardian ad litem (an independent person to review the settlement)
• Setting up a trust or structured settlement

Personal injury settlements for minors aren’t just about writing a check. Courts may order the funds to be placed into the court registry, a trust account, or a structured annuity that pays out once the child reaches a certain age.

If you’re thinking about accepting an offer, it’s crucial to speak with a child injury lawyer who understands how to properly finalize a child personal injury claim. Otherwise, you might end up with problems later, including a court invalidating the agreement.

Why you should work with a child injury lawyer

Filing a personal injury lawsuit for a minor takes more than just filling out paperwork. It’s about standing up for your child when they need you most.

A child injury lawyer can help you:

• Calculate the full value of the claim, including long-term care needs
• Gather the right medical and legal evidence
• Negotiate a fair settlement
• Secure proper court approvals
• Protect your child’s settlement funds

And let’s be honest—after an injury, you’re already dealing with enough. Medical appointments. Emotional stress. Worries about the future. Having someone guide you through the legal side can make a big difference.

Whether you’re negotiating Texas personal injury settlements or filing a lawsuit, the process is full of important decisions. You deserve to have someone on your side who knows exactly how to protect your child’s interests—both today and years down the road.

Protecting your child’s future starts now

No parent ever wants to be in this position. But if your child has been injured because of someone else’s negligence, you have options—and you have rights.

Filing a child personal injury claim isn’t about being litigious. It’s about getting the resources your child needs to heal, grow, and move forward. It’s about making sure they aren’t burdened later by medical debt or lost opportunities because of an accident that wasn’t their fault.

If you’re wondering, “how long do you have to file a personal injury lawsuit?” or feeling overwhelmed by the rules around personal injury settlements for minors, don’t wait too long to get help. Evidence fades. Witnesses move. Memories blur. Acting sooner rather than later can make a huge difference in the strength of your case.

At our firm, we know how to handle Texas personal injury settlements involving minors. We can walk you through every step with compassion and experience—because your child’s future deserves nothing less.

If you’re ready to talk, call us today or fill out our contact form. Consultations are free, and we’re here to help you find a path forward.