Child Injury Cases

How Child Injury Claims Work

When a child is seriously injured because of someone else's negligence or a dangerous product, the same core legal principles apply as in any injury case—duty, breach, causation, and damages—but children's cases carry important differences that shape how they are handled.

First, the law recognizes that children cannot be expected to appreciate risk the way adults do. In many situations a child is held to the standard of an ordinarily careful child of the same age, experience, and capacity—not an adult standard—which affects how fault is analyzed. Texas also recognizes the "attractive nuisance" doctrine, under which property owners can owe a heightened duty when something on their land (an unfenced pool, abandoned equipment, a trampoline) is likely to draw children who can't grasp the danger.

Second, the deadlines work differently. Because a minor cannot bring suit on their own, the two-year statute of limitations for a child's personal injury claim is generally tolled—paused—until the child turns 18, meaning the claim typically must be brought by around their 20th birthday. (Different rules can apply to certain claims, such as those against governmental entities or healthcare providers, which may have shorter notice requirements, so early advice still matters.)

Third, because a settlement belongs to the child, Texas courts supervise how a minor's claim is resolved—often through a "friendly suit" and court approval, with funds protected (for example, in a registry account or structured settlement) until the child reaches adulthood. This protects the child's recovery from being spent or mismanaged before they can benefit from it.

Types of Damages

Damages in a child injury case account both for the child's losses and, in some respects, the parents' losses. They may include:

• The child's past and future medical care — including surgeries, therapy, assistive devices, and lifelong treatment for serious injuries.
• Future lost earning capacity — where an injury will affect the child's ability to work as an adult.
• Physical pain, mental anguish, impairment, and disfigurement — past and future, often spanning the child's lifetime.
• The parents' recovery — in many cases parents can recover the medical expenses they paid during the child's minority and, where applicable, certain related losses.
• Wrongful death and survival damages — in the tragic event a child does not survive.
• Exemplary (punitive) damages — in cases of gross negligence or malice, subject to statutory limits.

Because a child's injuries often have decades-long consequences, properly valuing future care and lost capacity—frequently with the help of medical and economic experts—is one of the most important parts of these cases.

Signs Worth a Closer Look

• Your child was seriously injured by a product, a dangerous condition, or another's negligence.
• A caregiver, school, daycare, or program failed to supervise or protect your child.
• A hazard that attracts children—such as a pool or equipment—was left unsecured.
• The injury has lasting medical, developmental, or emotional consequences.
• You're being pressured to settle quickly, or unsure how to protect your child's interests.

Even if you are uncertain, a confidential conversation can help you understand your child's rights and what a recovery could protect for their future.

This page provides general information about Texas law and is not legal advice. It does not create an attorney-client relationship, and the law's application depends on the specific facts of each case. For advice about your situation, speak with a licensed attorney.