When a child is injured

By Jacob Alford

Keep the focus on your child’s recovery and ordinary life. Note changes in school, grades, sports, play and sleep, and discuss concerns with the pediatrician. Keep claim discussions with the adults rather than asking the child to build a case.

Your child’s care comes first. The claim then needs its own file, its own evaluation and a clear plan for who may act. A parent’s injury, the child’s injury and the family’s bills can overlap without becoming one claim.

Watch for changes your child cannot easily explain. Unusual sleep, eating, speech, play, behavior or school difficulties deserve attention after a head injury. Repeated vomiting, a worsening headache, seizures or trouble waking require emergency care. Follow the treating clinician’s instructions for school and activity. CDC guidance for children after a possible concussion.

Can I negotiate or sign for my child?

You can gather records, report the injury, describe what you have observed and discuss an offer. Do not assume your signature alone can finally settle your child’s claim. The person authorized to bring the claim, the person entitled to particular expenses and the person allowed to receive the money may differ.

Bring any custody, conservatorship or guardianship orders to the lawyer reviewing the settlement. Texas Rule 44 allows a child without a legal guardian to sue through a next friend and provides for court-approved compromise. Being a next friend does not turn a parent into the child’s lawyer. Ask who will represent the child, what approval is needed and exactly which claims a proposed release would cover. Texas Rules of Civil Procedure, Rules 44 and 173.

Are the child’s claim and my expense claim the same?

No. The child may have losses from pain, impairment, disfigurement and future needs. A parent ordinarily holds the claim for medical expenses incurred for the child before adulthood. The proper claimant and any applicable exception need to be identified, not assumed from whose name appears on the insurance claim.

Keep a separate expense list showing the provider, patient, service date, amount billed, payments and who is legally responsible. Keep your own lost-work and travel records without assuming each item is recoverable. A single offer should explain how it allocates money among claims and people. This matters especially when insurance is limited: a payment assigned to the parent can leave less for the child. The parent’s deadline also may run while the child’s ordinary injury limitations period is suspended. City of Houston v. Manning.

What if the parent and child have conflicting interests?

Raise the conflict early. It can arise when the parent was driving, when family members compete for limited insurance, or when the parent’s bills and the child’s future needs compete within one offer. It is possible to care deeply about your child and still have a legal interest that needs independent review.

Tell the lawyer about every related claim and every person asking for money from the settlement. Ask whether separate counsel is needed. In the circumstances governed by Rule 173, a guardian ad litem advises the court about an apparent adverse interest and the proposed settlement; that role is different from the child’s trial lawyer or a permanent guardian. Do not privately divide a family settlement and expect the court to accept the allocation without examining the child’s interests.

How are settlement approval and the child’s money handled?

Ask for the approval plan before signing a final agreement. The review should address the injury, future needs, amount offered, available insurance, expenses, fees, reimbursement claims and the child’s net recovery. Have the proposed documents explain who gets paid, how much and why. The Guide’s settlement-statement explanation can help you follow the deductions; the child’s approval and payment arrangements still need their own review.

The child’s money should not simply be treated as the parent’s household funds. Depending on the case and court order, funds may be placed in the court registry, an authorized account, a trust or another approved arrangement. A structured payment proposal needs a clear payment schedule, costs and explanation of access restrictions. Ask when the child can obtain the funds and what happens if money is needed sooner. Do not assume every arrangement ends at age 18 or that any trust preserves benefits. Texas Property Code Chapter 142 and Estates Code Chapter 1355 provide different mechanisms.

What time-sensitive actions still matter when the injured person is a child?

Care, evidence and notice still need prompt attention. Preserve the car seat or booster, photographs, witness information and relevant vehicle data before disposal or repair. Keep school and care observations, with dates and the observer’s own words. Do not coach the child into a version of events.

Texas’s ordinary limitations rule recognizes minority as a legal disability, but that does not place every related obligation on hold. A parent’s separate claim, a government notice, a federal claim, a policy requirement and a special statutory deadline need their own review. Do not calculate one “child deadline” and stop there. Use the deadline guidance, identify every claimant and possible defendant, and get the applicable dates checked while evidence is still available. Texas Civil Practice and Remedies Code §16.001.

Attorney reviewed by Jacob Alford · November 11, 2026