When a Child Is Hurt in a Car Accident: How Texas Claims for Minors Work

The 60-second answer: A child cannot file a lawsuit, so a parent or guardian brings the claim on the child’s behalf as a “next friend.” Settlements for minors generally require court approval, and the money is protected for the child, often through the court registry or a structured settlement that pays out after age 18. The child’s own claim is paused, or “tolled,” until the child turns 18, and then the two-year clock starts. But the parents’ separate claim for the child’s medical bills runs on the ordinary two-year deadline, so waiting is risky. Our office walks Valley families through every step, and the consultation is free.

First Things First: Your Child’s Medical Care

Before any legal question, get your child examined, even after a crash that seemed minor. Children cannot always describe what hurts, and some injuries show up as changes in behavior, sleep, appetite, or schoolwork rather than obvious pain. Head injuries deserve particular attention; symptoms of a concussion or worse can develop over days, which is one reason our office handles so many traumatic brain injury cases. Follow up with your pediatrician, keep every appointment, and write down what you observe at home. That record protects your child medically and legally.

Who Actually Brings the Claim: The “Next Friend”

Under Texas law, a minor lacks the legal capacity to sue. Instead, a parent or guardian files the claim as the child’s “next friend,” making decisions on the child’s behalf throughout the case. The claim still belongs to the child. The next friend is a representative, not the owner of the recovery, and Texas courts watch that distinction closely.

This structure exists to protect children, including from well-meaning mistakes. A parent under financial pressure might be tempted to accept a fast, low offer. The court approval process described below exists precisely so a child’s future is not traded away in a difficult month.

Two Claims, Two Different Deadlines

A child’s injury actually creates two separate claims, and they run on different clocks:

• The child’s own claim for pain, impairment, disfigurement, and future losses is tolled while the child is a minor. The two-year statute of limitations generally does not begin until the child turns 18, which means the child typically has until age 20 to file.
• The parents’ claim for the child’s medical expenses before age 18 belongs to the parents, and it is not tolled. It generally runs two years from the date of the crash.

Families sometimes hear “the deadline is paused for kids” and assume there is no urgency. That is only half true, and the half that is false can cost a family every dollar of the medical bills. Evidence also fades on its own schedule: witnesses move, video gets overwritten, and vehicles get repaired. Acting early protects both claims.

Why Courts Approve Minor Settlements

In Texas, a settlement of a minor’s claim generally requires a judge’s approval to be binding. In practice, this often happens through what lawyers call a friendly suit or a minor settlement hearing. The court may appoint a guardian ad litem, an independent attorney whose only job is to evaluate whether the settlement serves the child’s best interest. At the hearing, the judge reviews the injuries, the medical records, the fees, and where the money will go, and may ask the parents and the child questions directly.

For families, this can feel like an extra hurdle. It is actually a safeguard. A settlement approved by a court is final and enforceable, and the process ensures the recovery was fair before anyone signs away a child’s rights. A settlement signed by a parent without court approval, by contrast, may not actually bind the child, which is one of many reasons insurers who push quick releases on parents are not doing the family any favors.

Where the Money Goes: Court Registry and Structured Settlements

A minor’s settlement funds do not simply land in a parent’s checking account. Texas courts typically protect the money in one of two ways:

• The court registry, where funds are held safely until the child turns 18 and can claim them directly.
• A structured settlement, an annuity that pays the child over time, for example at 18, at college age, and beyond. Structures can be tailored to fund education or spread money so an 18-year-old does not receive a large sum all at once.

For serious injuries with lifelong consequences, such as the ones we see in spinal cord injury cases, the structure of the payout can matter as much as the amount. We walk parents through the options before the approval hearing, not after.

How Insurers Approach Child Claims

Adjusters know parents are exhausted, worried, and facing bills. Quick calls and modest offers tend to arrive while a family is still sorting out doctor visits. Remember three things: you are not required to give a recorded statement, an early offer is based on incomplete information about your child’s recovery, and a release signed without court approval may shortchange your child without even ending the dispute. Let the full medical picture develop, and let someone who handles these claims daily do the negotiating. Our approach to fault, evidence, and damages is laid out on our Texas car accident lawyer page, and we represent families across the Valley, including through our San Juan personal injury practice.

Your Child’s Future Deserves a Careful Claim. Call Us Today

If your child was hurt in a crash in McAllen, San Juan, or anywhere in the Rio Grande Valley, call The Law Office of Chris Sanchez P.C. at (956) 686-4357. The consultation is free, we serve families in English and Spanish, and you pay no fee unless we win. Attorney Chris Sanchez, Texas Bar #24084520.