Can You Sue a Minor in Texas?

When someone gets hurt because of another person’s actions, one of the first questions is usually who can be held responsible. That question can become more confusing when the person who caused the injury is under 18. Many people are surprised to learn that, in some situations, a child or teenager can still be sued in Texas.

This situation is not uncommon after car crashes, fist fights, vandalism, dangerous social media challenges, or injuries caused by general carelessness. Parents also want to know whether or not they can be held liable for their child’s actions. If you believe a minor was responsible for your damages, consulting with a Texas personal injury lawyer can help you better understand your options and the laws that may apply to your case.

Can you sue a minor in Texas?

Yes. In Texas, minors can, on occasion, be sued for injuries or damage to property. Depending on the facts of the case, the lawsuit may be brought against the child, the parents, or both.

Minors are those under 18, but they can be held legally responsible for harm they cause. It is worth mentioning that the process is often different from suing an adult. Courts usually require a parent or legal guardian to be involved in the case of minors because minors generally cannot represent themselves in legal matters.

When can parents be held responsible?

Parents aren’t automatically responsible for everything their child does. Texas law does allow parents to be held responsible in some situations.

One common example is a child deliberately damaging someone else’s property. In some situations, the parents may have to pay for the damage under Texas law, although statutory parental liability is subject to limits on recovery.

Parents may also be responsible if their own negligence contributed to the injury. For instance, a parent could be liable if they allowed a teen to drive a car they knew wasn’t safe, or knowingly allowed or encouraged reckless behavior.

Liability questions may get more complicated in teen driving cases. Many young people drive a car that is owned or insured by a parent. Some insurance policies may cover the accident even if the minor was at fault, but that depends on the policy.

What happens in teen driver accident cases?

Questions about suing minors often come up after crashes involving teenage drivers. Teen drivers typically have less real-world experience and are prone to making unwise choices that lead to serious injuries.

Texas is a fault-based car accident insurance state. That means, typically, that the party that caused the crash is responsible for the damages. If the driver at fault is a teen, the injured person may still be able to recover compensation through an insurance claim or a lawsuit.

In many instances, the claim is actually about insurance coverage and not about trying to take money directly out of a minor’s pocket. Parents’ auto insurance policies typically cover drivers in the household, which includes teenagers on the policy.

However, serious accidents can still result in lawsuits when injuries are severe, or insurance coverage is insufficient to cover losses. A Texas personal injury lawyer can investigate who might be legally responsible and what insurance policies are involved.

Does the minor’s age matter?

It might. In personal injury cases, a child’s age can affect how the court handles the case and whether the child understood what they were doing. In some situations, very young children may not be considered legally responsible for negligence. Older teens are more frequently held responsible. This is especially so in cases of car accidents and willful misconduct.

Texas courts often look at the child’s age, maturity, and behavior when deciding liability issues. A 17-year-old driver may be treated very differently from a small child involved in a playground accident.

What types of injuries can lead to a claim?

Many different situations can result in lawsuits involving minors. Car accidents are one of the biggest examples, but not the only ones. Physical fights, reckless use of guns, dangerous stunts, sports misconduct, vandalism, or dangerous behavior at school or parties can also lead to injuries.

Some cases involve serious injuries such as broken bones, head trauma, spinal injuries, burns, or permanent disabilities. Families with serious medical bills and long-term effects often seek answers about who may be financially responsible.

Are there deadlines for filing a lawsuit?

In most Texas personal injury cases, there is usually a 2-year deadline to file a lawsuit after the injury happened. Different rules or exceptions may apply when the injured person is a minor. Waiting too long can also make it harder to collect evidence, speak with witnesses, or recover compensation. Important records may disappear over time, and witnesses may forget details about what happened. Insurance companies may also dispute claims more aggressively when a long time has passed after the accident.

Every case is different, so it is a good idea to talk to a lawyer as soon as possible after a serious injury.

What should you do after an injury involving a minor?

After the incident, try to save as much information as possible. Photos, medical reports, witness statements, police reports, and insurance information may all be helpful later.

People should also not assume they cannot file a claim just because the person involved was under 18. In some situations, compensation may still be available through insurance or claims against other responsible parties. There may also be questions about who owned the vehicle, supervised the child, or knew about dangerous behavior beforehand.

If you were injured and believe a child or teenager may have caused your damages, speaking with a Texas personal injury lawyer can help you understand what options may be available.

Pat Maloney: Accident & Injury Attorney helps injured victims throughout Texas understand their rights after serious accidents. If you have questions about suing a minor in Texas or recovering compensation after an injury, call or reach out online to discuss your situation.