When your child suffers an injury, the first thing you think about is their well-being and healing. But once that is taken care of, families in Ennis, Texas, begin thinking about rising medical costs and what legal process will be needed to secure their child's future. Many families do not really understand what a "statute of limitations" means. It’s the time frame that establishes the due date for your child’s injury lawsuit. If you do not file your claim before the statute runs out, your ability to collect money will be lost forever. Bivona Law works with the families of Ennis to help them learn the laws surrounding the timeframes associated with their child’s injury so that they do not defeat their chance for help and justice.
In Texas, the standard statute of limitations for a personal injury claim is 2 years from the date of the accident. For an adult, this is a hard deadline. However, the law recognizes that children cannot advocate for themselves. Therefore, for injuries to a minor, the two-year clock is "tolled" or paused.
Under the Texas Civil Practice and Remedies Code, the statute of limitations for a child does not begin to run until they reach the "age of majority," which is 18. This means that, technically, an injured child has until their 20th birthday to file a lawsuit for an injury that occurred while they were a minor. While this provides a safety net, it creates a dangerous trap for parents in Ennis who might think they can simply wait a decade to take action. Waiting that long is rarely in the child’s best interest, and Bivona Law strongly advises against it.
A major complication in child injury cases is that a single accident actually creates two separate legal claims. One claim belongs to the child for their pain and suffering, physical impairment, and future medical needs. The second claim belongs to the parents for the medical expenses they paid or incurred while the child was a minor.
In Ennis, Texas, the "tolling" rule that pauses the clock for the child often does not apply to the parents’ claim for reimbursement. Most Texas courts have held that parents must file their claim for medical expenses within the standard two-year window from the date of the accident. You might discover that your right to reimbursement for the thousands of dollars you spent on operations and hospital bills has already passed if you wait until your child is 18 to get aid. By protecting both parties' entitlements simultaneously, Bivona Law ensures that neither the parents nor the child is financially burdened by the carelessness of another party.
While the law might give your child until age 20, the practical reality of litigation in Ennis, Texas, demands much faster action. Building a successful case requires evidence, and evidence has an expiration date.
Consider the following factors that disappear over time:
By contacting Bivona Law early, you ensure that a professional team is on the ground in Ennis to preserve this vital information. We act as the "Voice for Kids" by securing the facts before they vanish.
There are specific types of cases where the "wait until 18" rule does not apply or is significantly restricted. It is vital for Ennis parents to recognize these exceptions.
If your child was injured due to medical negligence in Ennis, the rules are much stricter. Under Texas law, a minor under 12 has until their 14th birthday to file a medical malpractice claim. If the injury occurred after age 12, the standard two-year rule typically applies. Additionally, Texas has a "statute of repose" which states that no medical malpractice claim can be filed more than 10 years after the act of negligence occurred, regardless of the child's age.
If your child was injured on public property, such as an Ennis ISD school bus or a city park, the Texas Tort Claims Act applies. This law requires you to provide a "Notice of Claim" to the government entity within a very short timeframe, often just six months, and in some Ennis city departments, as little as 90 days. Failure to provide this notice can kill your case before it even starts. Bivona Law is experienced in handling these high-pressure deadlines to protect your family’s rights.
When a child injury claim is settled, the state of Texas requires an extra layer of protection to ensure the child is not being taken advantage of. This process is called a "Friendly Suit." Even if the insurance company agrees to pay a fair amount, a judge in Ennis or the surrounding Ellis County courts must approve the settlement.
The court will often appoint a Guardian Ad Litem, an independent attorney, to investigate the settlement and report back to the judge. The judge’s primary concern is ensuring the money is placed in a secure account, such as a trust or the court's registry, until the child turns 18. Bivona Law guides parents through this entire process, handling the court filings and the hearings so you can focus on your child’s daily needs.
Navigating the statute of limitations and the various legal exceptions is not something you should do alone. Bivona Law specializes in being the advocate for children who cannot fight for themselves. We provide a transparent, "no fluff" approach to legal representation.
When you choose Bivona Law, you get:
It is a common mistake for parents to think, "We’ll see how the injury heals before we call a lawyer." Unfortunately, by the time you realize the injury is permanent or will require future surgery, the two-year window for your medical expense claim may have passed, and the evidence needed for your child’s claim may be gone.
Ennis insurance adjusters are taught to be initially amiable and supportive, frequently assuring parents that there is "plenty of time" to reach a settlement. To eventually reject the claim completely, they want to let the clock run out. Bivona Law protects your rights and ensures all deadlines are met by standing between you and these insurance companies.
If your child has been injured in Ennis, Texas, the clock is already ticking. Whether the accident occurred at a school, daycare, park, or on the road, you need a legal team that understands the specific challenges of child injury cases.
To assist you in determining which statutes of limitations apply to your particular circumstance, Bivona Law provides free consultations. We are committed to making sure that every kid has a voice in the legal system and are honored to serve the Ennis community.
Your child's recuperation and future safety should not be impeded by a legal deadline. To ensure your family's safety, contact Bivona Law now. We're prepared to support you in your journey to get your child the justice they deserve.
