Can I Sue on Behalf of My Child After an Injury in the State of Texas?


As a parent, the well-being of your child is your number one priority. Though you would do anything in your power to keep your child safe, this is not always possible, especially if he or she is injured due to another party’s negligence. If you and your child find yourselves in this unfortunate situation, you are most likely wondering if you can sue on behalf of your child to recover the compensation your child deserves and needs to heal. Please continue reading and speak with our knowledgeable Texas personal injury attorneys to learn more about how we can help. Here are some of the questions you may have:

What should I do if my child is injured in an accident?

If your child is injured in an accident, you should take the following actions to document the incident:

  1. Call the police. They will send an ambulance.
  2. If it was an auto accident, ask the driver for his or her insurance information. If your child was injured due to negligent property conditions, notify the property owner of the accident.
  3. Ask witnesses for their name, phone number, and email address.
  4. Take pictures of the accident.
  5. Ensure your child receives immediate medical treatment, and ensure you receive all medical documentation/bills associated with your child’s injuries.
  6. Retain the services of an experienced Texas personal injury attorney.

Am I allowed to sue on behalf of my child under Texas law?

Fortunately, you can sue on behalf of your child if he or she has been wrongly injured in an accident. These lawsuits have two parts. To start, you can sue for economic damages, which deal with the tangible, monetary cost of your child’s injury. This includes hospital bills, the cost of surgeries, rehabilitation/physical therapy costs, and more. On the other hand, you can also sue the negligent party for non-economic damages, which include intangible, though very real damages such as the loss of enjoyment of life, disfigurement, disability, pain and suffering, and more.

How long will I have to file a personal injury claim in Texas?

The statute of limitations for personal injury claims in Texas is, generally, two years, meaning you will, generally, have two years from the date of the incident to sue the negligent party on behalf of your child. If you wait any longer than two years, you will most likely lose your right to sue. Our firm is here to help you through every step of the legal process ahead. All you have to do is ask.


If you or someone you know has been wrongly injured, you must not wait. Our firm is ready to help you through each step of the legal process to help ensure you recover the financial compensation you need to move on with your life. We are ready to help–all you have to do is contact Brock & Goetzmann, PLLC today.

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