Yes, as a parent or legal guardian, you can file a personal injury lawsuit on behalf of your child to seek compensation for injuries, medical costs, and other damages—but timing, legal procedures, and documentation are critical.
Filing a Personal Injury Claim for Your Child
If your child is injured due to someone else’s negligence—whether in a car accident, at school, or during a recreational activity—you have the right to pursue compensation on their behalf. Legal guardians act as the child’s representative in negotiations, settlement discussions, and court proceedings.
Compensation can cover:
- Medical expenses and ongoing care
- Pain, suffering, and emotional distress
- Rehabilitation, therapy, or special equipment
- Lost wages if a parent had to take time off to care for the child
- Long-term disability or future care needs
Statute of Limitations for Minors
In Texas, the statute of limitations for filing a personal injury claim on behalf of a minor is slightly different than for adults. Here’s how it works:
General Rule for Minors
- A minor (under 18 years old) generally has until their 18th birthday plus 2 years to file a personal injury lawsuit.
- This is because the statute of limitations is tolled (paused) while the child is a minor.
- Example: If a child is injured at age 10, they typically have until age 20 to file a lawsuit.
Exceptions
- Medical malpractice claims: Usually must be filed within the earlier of:
- 2 years from the date of the injury or
- Before the child turns 10 years old, depending on the circumstances
- Claims against government entities: Often require a notice of claim within 6 months of the incident, even if the injured party is a minor.
What About Children Who Are 18 or Older?
Once your child reaches the age of 18, they are legally considered an adult and generally must file a claim on their own behalf. Parents may still advocate if the adult child is incapacitated or otherwise unable to represent themselves due to the severity of the injury.
Even when the child is an adult, parents can help gather evidence, medical records, and documentation to support their case, ensuring nothing is overlooked.
How MR.LAW Can Help Families in Dallas
At MR.LAW Accident & Injury Attorneys, we understand how stressful and emotional it is to see your child injured. Our Dallas personal injury lawyers, Damon Mathias and Ori Raphael, guide parents through every step of the process—explaining options clearly, helping preserve critical evidence, negotiating with insurers, and, if necessary, taking the case to court to secure full compensation.
We handle child injury claims with compassion and precision, focusing on both your child’s well-being and your family’s legal rights.
If your child has been injured due to someone else’s negligence, contact MR.LAW today at (469) 689-0200 for a free consultation. We work on a contingency basis, so you pay nothing unless we recover compensation for your child.