Author: Shelby Benavidez  

Table of contents

TL;DR: Filing a Lawsuit for a Minor  

  • Children under 18 generally can’t bring a personal injury claim on their own. Parents, legal guardians, or a “next friend” can file a lawsuit for a minor in Texas.  
  • Parents typically have two years to file for parental damages; however, the statute of limitations for a personal injury lawsuit may be paused until the child turns 18. 
  • When a minor is involved in a personal injury claim, a judge and guardian ad litem help make sure any settlement is fair and protects the child’s best interests.  
  • Settlement funds belong to the child – not the parents. Courts often require the money to be placed in a restricted account, trust, or structured annuity until the child reaches adulthood.  
  • An experienced personal injury lawyer can help protect your child’s rights by preserving evidence, negotiating with insurance companies, and pursuing full value for your child’s injuries.  

As parents, we do everything possible to keep our children safe. Unfortunately, we can’t always protect them from the negligence of others. When a child is injured because of someone else’s careless or reckless actions, Texas law allows parents and guardians to pursue compensation on the child’s behalf.  

If you’re wondering whether a minor can sue in Texas, who can file a lawsuit, or what happens to a child’s settlement, here’s everything you need to know about filing a lawsuit for a minor in Texas.  

Who Can File a Lawsuit for a Minor in Texas?  

Under Texas law, a minor, or anyone under the age of 18, generally can’t file a lawsuit on their own. Instead, a parent, legal guardian, or another responsible adult may file a lawsuit on the child’s behalf.  

Most often, a parent or guardian files the claim. However, Texas law also allows a “next friend” to bring a lawsuit for a minor. A next friend is a competent adult who represents the child during the legal process without being formally appointed by the court. This individual does not have to be related to the child.  

What Is the Statute of Limitations for a Minor in Texas?  

Generally, parents or legal guardians have two years from the date of a child’s injury to file for parental damages. But, because minors can’t file lawsuits on their own, Texas law puts a pause, or “toll”, on the statute of limitations until the child turns 18. This means that they would have until their 20th birthday to pursue the case themselves. 

Even though you’re legally able, waiting to file a lawsuit is usually not in the child’s best interest. As time passes, evidence can be lost, surveillance footage may be erased, and witnesses may struggle to remember exactly what happened. Acting sooner gives your attorney the best opportunity to gather evidence, build a strong case, and pursue the compensation your child deserves. 

How Do You File a Lawsuit for a Minor in Texas?  

When a child is involved in a personal injury lawsuit, several people may work together to make sure the child’s rights and future are protected. That typically includes the child’s parent or legal guardian, an experienced personal injury attorney, and, in many cases, a guardian ad litem. 

A guardian ad litem is appointed by the court to represent the child’s best interests. Rather than advocating for either side of the case, this individual focuses on whether any decisions (including a proposed settlement) are truly in the child’s best interest. 

When both sides agree to a settlement, a judge will review its terms to make sure they’re fair for the child. If the court has questions or believes more information is needed, the judge may hold a hearing before deciding whether to approve the settlement. 

If a settlement can’t be reached, the lawsuit generally follows the same path as other personal injury cases. Attorneys investigate the accident, gather evidence, exchange information with the opposing side, negotiate when appropriate, and prepare for trial. 

Because a minor can’t legally make these decisions alone, the adults involved handle the legal process on the child’s behalf while keeping the child’s best interests at the center of every decision. 

Does a Child Have to Testify in Court?  

In most cases, no. Children are rarely required to testify in court, especially if doing so could cause emotional distress. However, older children and teenagers may occasionally be asked to testify if they are mature enough to understand the proceedings and provide relevant testimony.  

Whether a child testifies depends on the specific facts of the case and the court’s determination of what is in the child’s best interests.  

What Happens to a Minor’s Settlement Money in Texas?  

Like other personal injury cases, attorney fees, court costs, and certain medical expenses are typically paid from the settlement or verdict amount.  

Parents or guardians are generally responsible for some of the child’s medical expenses. While they may ask the court to reimburse certain costs, reimbursement is not guaranteed for every expense related to the child’s care.  

After those expenses are addressed, the remaining settlement funds belong to the child – not the parents.  

Because the money legally belongs to the minor, courts are often reluctant to release large sums directly to parents or guardians. Instead, judges usually require the funds to be protected until the child reaches adulthood.  

Common options include restricted or safeguard accounts, structured annuities, and educational savings accounts or trusts.  

A safeguard account allows the court to place the settlement funds into a restricted account that cannot be accessed until the child turns 18. Similarly, educational savings accounts or trusts are designed to benefit the child’s future. For larger settlements, courts can approve structured annuities. These arrangements are periodic payments to the child after they turn 18 rather than distributing the entire amount at once.   

While parents and guardians can provide input regarding how the settlement funds should be managed, the judge and guardian ad litem typically make the final determination based on what is in the child’s best interests.  

Why Should You Hire a Personal Injury Lawyer for a Child Injury Claim?  

When a child is injured, families should be able to focus on healing and getting their lives back to normal – not navigating a complicated legal process.  

An experienced personal injury attorney can investigate the accident, gather evidence, negotiate with insurance companies, calculate future damages, and help secure a settlement that protects your child’s long-term interests.  

If your child has been injured because of someone else’s negligence, speaking with a qualified personal injury attorney can help you understand your options and pursue full value for your child’s injuries.  

Frequently Asked Questions  

Can a minor sue someone in Texas?  

Generally, no. A parent, guardian, or next friend must usually file a lawsuit on behalf of a minor. 

Does every minor settlement require court approval in Texas?  

Many settlements involving minors require court approval to ensure the agreement is fair and protects the child’s interests.  

Can parents keep a child’s settlement money?  

Typically, no. Settlement funds belong to the child, and courts often require the money to be placed in a protected account until the child reaches adulthood.  

What is a guardian ad litem?  

A guardian ad litem is a court-appointed individual who represents the child’s best interests during a lawsuit or settlement proceeding.