Few things are more frightening for a parent than seeing their child hurt. If your child has been injured in a car crash, the moments and days that follow can feel overwhelming. You are focused on their health and comfort, but you may also be worried about medical bills and what comes next.
If you have a child injured in a car crash, it is important to know that Texas law provides specific protections for minors. Understanding these protections can help you make informed decisions during a difficult time. The car accident attorneys at SJ Injury Attorneys work with families in Pasadena and across Texas to guide them through the legal process, ensuring a child’s rights—and their future—are safeguarded.
Immediate Steps After the Accident
The immediate aftermath of an accident is chaotic, but taking the right steps early can help avoid mistakes and protect your child’s health and any future legal claim.
- Seek medical attention right away. Even if your child seems fine or only has minor bumps, some injuries are not immediately visible. A medical professional can properly evaluate your child and create a record of their condition, which is essential if you later pursue a claim for a child injured in a car crash.
- Report the accident to the police. A formal accident report provides an objective account of the crash, which can be valuable when dealing with insurance companies. If you are able, take photographs of the scene, the vehicles involved, and any visible injuries your child sustained.
- Avoid giving detailed statements to insurance adjusters. Try not to make statements or sign anything until you have spoken with legal counsel. Insurance companies may try to settle quickly, but early settlements rarely account for the full extent of a child’s injuries or future medical needs.
Understanding Medical Needs and Long-Term Care
Children’s bodies are still developing, which means injuries can have different implications than they would for an adult. A seemingly minor injury today could affect a child’s growth, development, or quality of life years down the road.
For this reason, follow-up care is critical. Attend all recommended appointments with pediatric specialists, physical therapists, or neurologists. Keep a journal documenting your child’s recovery, including any pain they report, changes in behavior, or struggles with activities they once enjoyed. This documentation helps medical providers offer better care and creates a clear picture of how the injury has impacted your child’s life.
In some cases, a child may require long-term or even lifelong care. If your child has suffered a serious injury, such as traumatic brain injury or spinal cord damage, future medical costs must be considered. A claim for a child injured in a car crash should account not only for current hospital bills but also for future surgeries, therapies, and assistive devices the child may need.
The Legal Process for Child Injury Claims in Texas
In Texas, minors cannot file a lawsuit on their own. Instead, a parent or legal guardian must act as the child’s “next friend” and pursue the claim on their behalf. This legal designation allows the adult to make decisions in the child’s best interest throughout the case.
When a claim is filed, it seeks compensation for the child’s injuries, pain and suffering, and any medical expenses related to the accident. Importantly, Texas law treats a child’s claim separately from a parent’s claim. Parents may also seek compensation for their own out-of-pocket costs, such as medical bills they have paid or lost wages from time taken off work to care for their child.
One unique aspect of child injury cases is that the statute of limitations—the deadline to file a lawsuit—is extended. While adults generally have two years from the date of an accident to file a claim, under Texas Civil Practice and Remedies Code § 16.001 a child has until their 20th birthday to pursue legal action. This allows time for the full extent of the injuries to become known before a case must be resolved. However, waiting too long can make it harder to gather evidence and build a strong case, so it is wise to begin the process as soon as possible.
Court Approval of Settlements
If a settlement is reached in a case involving a child injured in a car crash, a Texas court must approve the agreement before it becomes final. This requirement exists to protect the child’s interests. A judge will review the proposed settlement to ensure it fairly compensates the child and that the funds will be managed appropriately.
In many cases, the court will order that the settlement money be placed in a structured annuity or a trust managed by the court registry. This ensures the funds are preserved for the child’s future needs, such as medical care, education, or living expenses, and are not spent without oversight. The child typically gains access to the funds when they turn 18, though funds can sometimes be used earlier for approved expenses related to their care.
Why Legal Representation Matters for Families
Handling a claim for a child’s injuries involves more than just negotiating with an insurance company. It requires an understanding of Texas laws regarding minors, the ability to project future medical needs, and experience presenting cases for court approval.
Insurance companies may not always have the child’s long-term best interests in mind. They might offer a quick settlement that seems helpful in the moment but fails to account for years of ongoing treatment or therapy. By working with attorneys who focus on these cases, families can ensure that every aspect of the child’s injury is considered.
The attorneys at SJ Injury Attorneys understand the responsibility that comes with representing a family after a child has been hurt. They work to gather medical records, consult with experts when needed, and build a case that reflects the true impact of the injury. Their goal is to help secure the financial resources necessary for the child’s recovery and future.
