How Child Injury Lawsuits Are Different From Adult Injury Claims

When someone is injured due to negligence, the legal system provides a path to pursue compensation. But when the injured person is a child, the process looks very different. In Centerville, Texas, families facing the aftermath of a child’s injury quickly discover that child injury lawsuits involve unique legal rules, additional protections, and long-term considerations that do not apply in adult injury claims. 

At Bivona Law, we focus on representing both children and adults, but child injury cases hold a special place in our practice. Led by Drew Bivona, known as “The Voice for Kids”, our firm is committed to protecting young victims and ensuring their futures are safeguarded. 

Children Cannot File Lawsuits on Their Own 

One of the most important differences between adult and child injury claims is that minors cannot legally file a lawsuit themselves. In Texas, a parent or legal guardian must bring the claim on behalf of the child. This means parents serve as the child’s representative throughout the legal process. 

In adult injury claims, the injured person makes decisions directly regarding settlement, negotiation, and litigation. In child injury cases, courts often play a more active role in reviewing settlements to ensure the agreement truly protects the minor’s best interests. This added layer of oversight exists to prevent children from being shortchanged in negotiations with insurance companies or defendants. 

Court Approval Is Often Required 

Unlike most adult personal injury settlements, which can be finalized privately between the parties, settlements involving minors frequently require court approval. A judge may review the terms to confirm that the compensation is fair and reasonable. 

In some cases, funds recovered for a child may be placed into a structured settlement or trust arrangement that protects the money until the child reaches adulthood. These safeguards are designed to ensure the child benefits fully from the recovery. For families in Centerville, understanding these procedures is critical. The process may take longer than a typical adult claim, but it is designed to protect the child’s long-term interests. 

Longer-Term Damage Considerations 

Adult injury claims typically evaluate current medical bills, lost wages, and pain and suffering. Child injury claims require a broader lens. Because children are still growing, the long-term effects of an injury may not be immediately clear. A fracture could affect bone development. A head injury could impact cognitive growth. Emotional trauma may influence academic progress or social development. Calculating damages in child cases requires projecting into the child’s future, sometimes many years ahead. 

At Bivona Law, we carefully assess long-term medical needs, educational accommodations, therapy requirements, and potential impact on future earning capacity. Settling too quickly without understanding these factors can leave families facing unexpected costs down the road. 

Emotional and Developmental Impact 

Children process trauma differently than adults. They may not fully understand what happened to them. They may struggle to articulate pain, fear, or anxiety. The emotional consequences of a serious accident, whether it occurred at school, in a car crash, or due to negligent supervision, can last well beyond physical healing. 

Child injury cases must account for these emotional effects. Psychological counseling, behavioral therapy, and educational support may all become part of the recovery plan. Drew Bivona approaches these cases with both legal knowledge and personal understanding. In 2020, he and his wife became foster parents and later adopted their son, who is now five years old. Fatherhood has deepened his commitment to protecting children and advocating for their futures. 

Differences in Statutes of Limitations 

Another key distinction between adult and child injury claims involves legal deadlines. In many Texas cases, the statute of limitations for personal injury claims is two years. However, when the injured person is a minor, certain deadlines may be extended. 

That said, parents’ claims for medical expenses or related damages may still be subject to shorter time limits. Additionally, claims involving government entities, such as public schools, may require notice within a much shorter window. Because these rules can be complex, families in Centerville should seek legal guidance promptly after a child’s injury. 

A Lawyer Prepared for Complex Cases 

Before founding Bivona Law, Drew represented hundreds of personal injury and chemical exposure victims across Texas while working at a boutique litigation firm in Houston. Those cases often involved serious injuries and powerful defendants. He also defended small and medium-sized businesses nationwide against the Internal Revenue Service and state tax agencies. 

Drew is no stranger to challenging legal battles. He understands how institutions and insurance companies operate, and how to stand up to them. His commitment to service began at 19 years old when he joined the United States Navy. During six years of active duty and three overseas deployments in support of Operation Enduring Freedom, he developed discipline, leadership, and resilience. While serving, he earned a Bachelor of Science Degree in Professional Aeronautics before later attending law school at Louisiana State University. That background shapes his thorough and determined approach to child injury cases today. 

Why Choosing the Right Attorney Matters 

Child injury lawsuits require careful planning, patience, and attention to detail. Insurance companies may attempt to minimize payouts or push for quick settlements. Without proper evaluation of long-term impacts, families may unknowingly accept less than their child deserves. 

At Bivona Law, we offer free consultations to families in Centerville. We work on a contingency basis, meaning there are no upfront legal fees and no payment unless we recover compensation. This ensures that every family, regardless of financial situation, has access to strong legal representation. Our role is to protect your child’s rights, guide you through the legal process, and fight for a result that supports your child’s future. 

Protecting What Matters Most 

When a child is injured, the legal process is about more than compensation; it is about accountability, security, and peace of mind. Child injury lawsuits differ from adult claims because children deserve additional safeguards and thoughtful long-term planning. 

If your child has been injured in Centerville due to someone else’s negligence, do not navigate this complex process alone. Contact Bivona Law today for a free consultation. Let The Voice for Kids stand beside your family and fight for the justice your child deserves. 


(713) 360-7596(936) 251-6590
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create and receipt or viewing does not constitute a client relationship.
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