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Injury Claims Involving Minors – What Should You Do?

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As a parent, your child's safety is always a top priority. However, accidents can happen, and when they do, you should know how to file and manage an injury claim on behalf of your child.

Injury claims involving minors are a unique subset of personal injury law. Unlike adults, children and legal minors are generally not permitted to file a claim or lawsuit of any sort on their own. Instead, due to the age and dependency status of the minor, the law requires a parent, guardian, or an approved adult to file and manage any claim or lawsuit that the minor would be entitled to file.

What to Consider Before Filing a Child Injury Claim

When dealing with injury claims involving your child, you should first consider:

  • Statutes of limitations: The time limit for filing a lawsuit may differ for minors. In many jurisdictions, the statute of limitations is extended until the child reaches adulthood, but this isn’t always the case. You should assume that you have a limited window to act and talk to an injury attorney at your next opportunity.
  • Guardianship requirements: Parents or legal guardians must act on behalf of the minor to initiate legal proceedings. If you have a complicated or otherwise not blood relation to the child, you may have to first check to see if you have the legal right to file an injury claim or lawsuit on their behalf.
  • Court approvals: A settlement for an injured minor typically requires court approval to ensure that the child's best interests are being served. For this reason, it may take longer than anticipated to secure the compensation that your child needs to recover.
  • Legal counsel: You know that you should hire a personal injury attorney when you want to file a claim against a negligent party. When you need to file a child injury claim, though, be sure that you choose an attorney who is familiar with the complications of cases involving injured minors and who is comfortable working with children.

Steps to Take After a Child Injury

If your child is injured, you should treat the situation with urgency and:

  • Seek immediate medical attention: Call 911 if your child has been seriously injured or might have been badly injured but you aren’t sure. If your child seems “okay” or says they are “fine,” you should still go to urgent care immediately so a trained medical expert can evaluate them for potential injuries and complications.
  • Document the accident: Keep detailed records of the accident or incident, including photos of the scene, injuries, and any contributing factors. If any other children are involved in the accident, be respectful of their privacy to the extent possible given the situation.
  • Gather evidence: Collect witness statements and any available video footage to support the child injury claim that you may have to file in the future.

When It Is Time to File a Child Injury Claim, Talk to a Lawyer

A child injury claim will more or less follow the same steps and processes as an injury claim involving an injured adult, with the key difference still being that a legal adult will represent the child. With that said, you will have to prepare a claim that can stand up to the scrutiny of the defendant and their representation. You might be surprised or shocked to learn that an insurance company will not want to cooperate and offer a fair settlement, even when it is the well-being of a child that is on the line.

To prepare to file a child injury claim, the simplest way to become fully ready is to let a skilled and experienced attorney handle everything for you. At Hilliard Law in Texas, we are adamant about providing reliable legal counsel for injured children and their parents or guardians who need to handle their claims for them. We know that your family is going through what could be the most difficult time of your lives, so we always focus on balancing professionalism with genuine compassion, as well as a sensitive approach to casework that respects your child’s emotions.

We can work on child injury cases involving:

For more information about your rights as the parent or guardian of an injured minor in Texas, call (361) 882-1612 or contact our law firm online now.

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