San Antonio Accidents Involving Children & Minors
What parents need to know after a car accident in Texas
Car accidents are scary under any circumstances, but when a child is involved, the situation becomes even more terrifying. As parents, your first instinct is to protect your child from harm. Unfortunately, you can't control the negligence of others on Texas roads. At Pat Maloney: Accident & Injury Attorney, we have seen the devastating impact car accidents have on children and their families. When a minor is injured, the legal process can be more complicated than a typical personal injury case. That’s why working with experienced San Antonio car accident lawyers who know how to handle these sensitive and unique claims is so important.
Frequently Asked Questions
- Why are accidents involving children so serious?
- What are the common causes of car accidents involving children?
- How does Texas law treat personal injury claims for minors?
- What is a guardian ad litem?
- How are damages to a child evaluated?
- How is child settlement money handled in San Antonio?
- What is a structured settlement?
- Why do I need a San Antonio lawyer for my child’s accident claim?
- What if my child was partially at fault for the accident?
- What is the statute of limitations for child injury claims in Texas?
- Do you have a San Antonio car accident lawyer near me?
Why are accidents involving children so serious?
Children are more vulnerable to serious injuries than adults. Their smaller size, developing bodies, and lack of driving experience (as passengers, pedestrians, or bicyclists) put them at higher risk.
Some of the most common injuries children suffer in car accidents include:
- Head injuries & concussions
- Broken bones & fractures
- Spinal cord injuries
- Internal injuries
- Whiplash & soft tissue damage
- Psychological trauma & PTSD
Because children's bodies are still developing, some injuries may not show up right away. Others may cause long-term developmental issues, emotional problems, or permanent disabilities. That’s why it’s so important to have your child fully evaluated by a medical professional after any accident, even if they seem fine in the moment.
What are the common causes of car accidents involving children?
Children can be injured in a variety of accident scenarios:
- Riding as passengers in car crashes
- Pedestrian accidents near schools or parks
- School bus accidents
- Bicycle accidents
- Daycare transportation accidents
- Distracted or drunk driving collisions
San Antonio’s busy intersections, school zones, and highways like I-35, I-10, and Loop 410 see countless accidents involving children every year.
How does Texas law treat personal injury claims for minors?
Under Texas law, a person under 18 years old is considered a minor and cannot legally file a lawsuit on their own. Instead, a parent, legal guardian, or court-appointed guardian must file a claim on the child’s behalf.
These cases are slightly different from adult injury claims because the law recognizes that minors require special protection. Texas courts want to ensure that any minor personal injury settlement is fair, reasonable, and used for the benefit of the child.
What is a guardian ad litem?
In many cases, the court will appoint a guardian ad litem (an independent third party) to review the settlement and make recommendations to the judge. This person evaluates whether the settlement is in the child’s best interest. If the guardian ad litem believes the settlement is fair, they’ll approve it, and the court will enter the order.
At Pat Maloney: Accident & Injury Attorney, we help families work through this process to ensure the case moves forward as smoothly as possible while protecting your child’s rights.
How are damages to a child evaluated?
One of the most common questions we hear is, "What’s the average settlement for a child in a car accident?" The truth is: there’s no universal average. The settlement amount depends on many factors, such as:
- The severity of the child’s injuries
- The cost of medical treatment (past and future)
- The expected long-term impact on the child’s development
- Pain and suffering
- Emotional trauma
- Future loss of earning capacity if disabilities occur
- Liability (who was at fault for the accident)
Settlements for child personal injury cases may run higher than adult settlements for similar injuries because courts want to provide for the child’s long-term needs.
How is child settlement money handled in San Antonio?
Child settlement money is subject to court supervision, unlike adult settlements. Texas law requires that settlement funds for minors be protected until the child reaches adulthood (18 years old). There are several ways that the money might be handled:
- Often, the money is deposited with the court’s registry. The funds are securely held and can only be withdrawn with court approval.
- In some cases, the court may allow the funds to be placed in a trust account or structured settlement, which can provide periodic payments when the child reaches certain milestones (like becoming an adult, college tuition, etc.).
- Part of the settlement may go directly toward paying medical bills, therapy, or your child’s immediate needs.
At Pat Maloney: Accident & Injury attorney, we help families structure these settlements to ensure your child’s future is protected while still addressing their current needs.
What is a structured settlement?
Many families opt for structured settlements in personal injury settlements for minors. Structured settlements allow the child to receive scheduled payments over time, rather than one lump sum at age 18. These benefits include:
- Guaranteed payments
- Tax advantages
- Protection from poor financial decisions
- Long-term financial security
Our skilled attorneys can help negotiate the terms of a structured settlement that supports your child’s future education, housing, and healthcare needs.
Why do I need a San Antonio lawyer for my child’s accident claim?
In accidents involving minors, having an experienced lawyer is especially important. Insurance companies may offer quick settlements, hoping families will accept less than the claim is worth. However, these offers rarely account for:
- Future medical costs
- Ongoing therapy
- Emotional trauma
- Permanent disabilities
- Educational needs
Because minors can’t advocate for themselves, parents must have someone who fully understands Texas personal injury law and will fight for the child’s best interests.
At Pat Maloney: Accident & Injury Attorney, we have decades of experience negotiating with insurance companies, hiring experts to evaluate the child’s long-term needs, and fighting for the full compensation your family deserves.
What if my child was partially at fault for the accident?
Sometimes, teenagers may share some responsibility for an accident, like riding a bike without a helmet or walking into traffic while distracted by a phone. Texas follows a modified comparative negligence rule. This means:
- If the child is less than 51% at fault, you can still recover damages, but the settlement will be reduced by the child’s percentage of fault.
- If the child is 51% or more at fault, you may not recover damages.
However, children are often held to a lower standard of care based on their age and maturity. For example, a 5-year-old pedestrian may not be held to the same standard as a 15-year-old.
What is the statute of limitations for child injury claims in Texas?
In most Texas personal injury cases, the statute of limitations is two years from the date of the accident. However, for minors, the clock is "tolled" (paused) until they turn 18. This means:
- A child has until their 20th birthday to file a personal injury lawsuit.
- Parents still have a right to pursue certain claims earlier to recover medical expenses or wages they lost while caring for their child.
Even though you technically have more time, it’s always better to act quickly while evidence is still fresh and witnesses are available.
Do you have a San Antonio car accident lawyer near me?
Pat Maloney: Accident & Injury Attorney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.
Compassionate San Antonio car accident lawyers working for your family
If your child has been injured in a car accident, you’re facing one of the most difficult challenges any parent can experience. The legal process might feel overwhelming, but you don’t have to face it alone. At Pat Maloney: Accident & Injury Attorney, we’re passionate about protecting injured children and their families. We offer free consultations, and you pay nothing unless we win your case. Fill out our contact form or call our San Antonio offices to request a free initial consultation with an experienced and compassionate attorney today.