Can My Children Pursue a Personal Injury Claim in Texas?
If your child is injured in a car accident or another type of personal injury incident, they have just as much right to pursue compensation as an adult does. In Texas, minors can absolutely bring personal injury claims — they just can’t do it entirely on their own. Instead, a parent or legal guardian must step in to represent their interests and guide the process from start to finish.
How a Parent or Guardian Represents a Child’s Claim
When a minor (anyone under 18) is injured, Texas law requires that they be represented by a “next friend,” which is typically a parent or legal guardian. The next friend acts as the child’s representative throughout the claim or lawsuit — answering questions, signing documents, and working with the attorney to make key decisions about the case.
If the accident involved the parent and child together — for example, if both were injured in the same car crash — each person may have their own separate claim. That means the parent can pursue compensation for their own injuries and also handle a claim for their child’s injuries at the same time.
What Compensation Can a Child Receive?
Children can recover the same types of damages as adults in a personal injury case, including:
Medical expenses (past and future)
Pain and suffering
Emotional distress or trauma
Permanent impairment or scarring
Loss of enjoyment of life
In some cases, parents may also recover certain costs they personally incurred, such as medical bills they paid on behalf of their child.
What Happens to a Child’s Settlement?
When a personal injury case involving a minor settles, the court often steps in to make sure the settlement is fair and that the child’s best interests are protected. This is known as a minor settlement approval process.
If the judge approves the settlement, the money is typically placed into a restricted trust or court-controlled account that the child can access once they turn 18. These funds usually accrue interest, ensuring the value grows over time.
However, in smaller settlements — usually under $10,000 — the insurance company might not require formal court approval. In that case, the funds can be paid directly to the parent or guardian on behalf of the child.
Will My Child’s Name Be Public in a Lawsuit?
If your child’s case goes to court, Texas law generally allows the minor’s identity to remain confidential. Their name will often appear as initials only in legal filings (for example, J.D. v. Smith), which helps protect their privacy while the case is pending.
Can Parents Access the Funds Early?
If the money placed in the court’s trust account is needed before the child turns 18, a parent or guardian can petition the court for an early withdrawal. The court will only approve this request if the funds are being used for something directly beneficial to the child — such as medical care, education, or therapy.
This ensures that the money is used appropriately and remains focused on the child’s well-being.
Why Legal Representation Is So Important
Handling a child’s injury claim can be more complex than a standard personal injury case. Courts impose additional layers of oversight to protect minors, and insurance companies often try to minimize payouts under the assumption that children will “recover quickly.”
An experienced personal injury attorney can navigate these challenges, ensure the case is valued correctly, and handle all court filings and trust arrangements properly. They’ll also fight to secure the maximum compensation for your child’s long-term needs — not just what’s immediately convenient for the insurance company.
