Can I File a Lawsuit on My Child’s Behalf?

Last Updated on July 17, 2025 by Beltz Law Group

When Your Child Is Injured: Filing a Lawsuit for Negligence in Texas

Seeing your child seriously injured due to someone else’s carelessness is every parent’s nightmare. In such a heartbreaking situation, a mix of anger, sadness, and helplessness is natural. While no legal action can erase the pain your child has endured, the law in Texas does provide a path to seek justice and financial compensation for their injuries and your family’s losses.

At the Beltz Law Group, we understand the immense challenges families face when a child is harmed by another’s negligence. We are dedicated to helping parents navigate the legal process to ensure their child’s rights are protected and that they receive the compensation needed for their recovery.

Can a Parent File a Lawsuit on Behalf of Their Injured Child in Texas? Yes!

In Texas, a minor child (someone under 18 years old) cannot file a lawsuit on their own. Instead, a parent or legal guardian steps in as the “next friend” or representative to bring the claim on the child’s behalf. This process usually involves two distinct parts within the same legal action:

Part 1: Your Claims as the Parent

This portion of the lawsuit addresses the economic losses you, as the parent, have directly incurred or will incur due to your child’s injuries. These claims aim to recover the financial burdens placed on you, such as:

• Medical Expenses: All costs associated with your child’s medical treatment, including emergency care, doctor visits, hospital stays, surgeries, medications, and rehabilitation therapies (physical, occupational, speech therapy).
• Future Medical Care: If your child’s injuries require ongoing treatment or long-term care, these anticipated future costs can also be claimed.
• Out-of-Pocket Expenses: Any other related costs you’ve personally paid, such as travel to medical appointments, special equipment, or even lost wages if you had to miss work to care for your child.
• Legal Costs: Expenses directly related to pursuing the lawsuit, such as court filing fees or expert witness fees.

Part 2: Your Child’s Personal Claims

This second part of the lawsuit seeks compensation for the losses that are unique and personal to the injured child. While you file these claims as their representative, the compensation is legally for the child’s benefit. These damages often include:

• Pain and Suffering: The physical pain, discomfort, and emotional distress the child has endured and will continue to endure due to their injuries.
• Mental Anguish: The significant emotional trauma, anxiety, fear, and psychological impact of the accident and injuries.
• Physical Impairment: Compensation for any permanent or long-term loss of physical function, mobility, or ability due to the injuries.
• Disfigurement: Damages for any permanent scarring or alteration of the child’s physical appearance.
• Loss of Earning Capacity (Future): In cases of severe, permanent injury, this can include compensation for the potential loss of future income or earning ability once the child reaches adulthood.

Protecting the Child’s Settlement Fund

If your child’s lawsuit results in a settlement or a court award, the money received is carefully managed to ensure it benefits the child. The total amount will be apportioned:

• Parental Reimbursement: The portion of the settlement intended to cover your personal claims (medical bills you paid, legal fees, etc.) will be allocated to you.
• Child’s Funds: The remaining amount, specifically allocated for the child’s personal injuries, legally belongs solely to the child. This portion cannot simply be given directly to the parents for their general use.

Typically, the child’s funds are placed into a structured settlement annuity or a court-supervised trust account. This trust account is usually maintained by the court and will accrue interest until the child reaches the age of 18. This mechanism ensures that the funds are preserved and available for the child’s future needs, such as education, medical care, or when they reach legal adulthood.

Accessing the Child’s Funds Before Age 18 (Guardianship):

While the funds are generally held until the child turns 18, parents can petition the court to release a portion or even all of the settlement money earlier. However, the court will only grant such a request if it is convinced that the funds are being released solely in the best interest of the child. The court acts as a protector of the child’s financial future and will not permit the funds to be used for the financial gain or convenience of the parents or guardians. Examples of justifiable early release might include unforeseen medical needs, specialized therapies not covered by insurance, or educational expenses directly benefiting the child.

Why You Need an Experienced Personal Injury Law Firm

Navigating a personal injury lawsuit on behalf of a minor child in Texas is a complex legal undertaking. It involves strict procedural rules, careful documentation of injuries and expenses, and often requires dealing with resistant insurance companies.

At the Beltz Law Group, we understand the emotional and financial strain parents face when their child is injured. We are an experienced personal injury law firm dedicated to advocating for injured children and their families across Texas. We can help you:

• Understand Your Rights: Provide clear guidance on the legal process and what to expect.
• Thoroughly Investigate: Gather all necessary evidence to prove negligence and the full extent of your child’s injuries.
• Calculate Comprehensive Damages: Work with medical and financial experts to ensure all current and future costs and losses are accounted for.
• Navigate Court Approvals: Handle the specific legal procedures required for minor settlements, including court approval of the settlement and the proper establishment of trusts.
• Fight for Fair Compensation: Aggressively negotiate with insurance companies and, if necessary, represent you vigorously in court.

While we know that no amount of money can truly undo the harm your child has experienced, securing fair compensation can provide the resources needed for their recovery, ongoing care, and a more secure future. If your child has been injured due to someone else’s negligence in Texas, contact the Beltz Law Group today for a free consultation. We are here to help you seek justice for your little one.