As parents and guardians in Bellaire, Texas, your children’s safety is your highest priority. Whether your child attends school in the Bellaire area, visits a local park, or is injured in a car accident on the Loop, a sudden injury caused by the negligence of another party can be devastating.
When a child is injured, the immediate focus is on their medical care and recovery. However, in the background, a clock is ticking under Texas law, setting the absolute deadline for seeking justice and financial compensation. This deadline is known as the Statute of Limitations.
At Bivona Law, we believe parents should be empowered with clear, direct information about their child's rights. Led by Drew Bivona, The Voice for Kids, our firm is dedicated to representing children and families in Bellaire, Houston, and across Texas who have suffered injuries due to negligence at daycares, private schools, after-school programs, and in motor vehicle accidents. Understanding the statute of limitations is the critical first step in protecting your child's future.
A statute of limitations is defined as the time within which a claim must be brought in order to create an opportunity for a legal proceeding to commence. In other words, the statute of limitations was created to ensure equity in the legal system by preventing stale claims arising from the loss of evidence and/or the fading of witness recollections.
For most adult personal injury claims in Texas, the law is clear: you have two years from the date of the injury to file a lawsuit in court. This deadline is strictly enforced under Texas Civil Practice and Remedies Code § 16.003. Miss this deadline, and you almost certainly lose your right to seek compensation forever.
However, the law recognizes that children are in a unique legal position.
In Texas, a person under 18 is considered a minor and lacks the legal capacity to file a lawsuit or enter into a binding settlement agreement on their own behalf. Because the law recognizes that a minor cannot assert their own rights, the two-year statute of limitations is tolled (or paused) until the child reaches the age of majority.
This rule provides a significant extension of time for the child’s claim:
While the child's claim for pain and suffering, emotional distress, and future medical costs is tolled, the parents have a separate, related claim that is not tolled.
Parents are legally responsible for their child’s medical expenses until the child turns 18. Therefore, any claim the parent brings to recover past damages, specifically, the medical expenses already incurred and paid, and the parent’s claim for the loss of the child’s services, is subject to the standard two-year statute of limitations that begins running on the date of the injury.
This creates a critical distinction for Bellaire families:
The parents, therefore, must be very proactive regarding filing for immediate monetary damages related to their child. This will require quick actions to recover immediate losses, without losing sight of the larger financial recovery that will occur later.
While the general rule for minors in Texas extends the deadline to age 20, certain types of child injury cases fall under strict and often much shorter deadlines. Misunderstanding these exceptions can extinguish your child’s right to compensation entirely.
Claims of medical negligence involving a child are subject to highly specific and restrictive rules under the Texas Civil Practice and Remedies Code. The deadlines here are significantly shorter than the standard personal injury rule:
These are exceptionally technical legal rules that require immediate consultation with an attorney. A two-year-old injured by a medical error only has until age 12 to file, creating a complex and urgent timeline.
If your child’s injury occurred on public property, such as a city park, a Bellaire public school facility, or involved a vehicle operated by a city or county employee, the deadlines are dramatically shorter and stricter. These cases are governed by the Texas Tort Claims Act.
Given the frequency of children’s injuries at public schools and facilities, this exception is particularly relevant to Bellaire families and necessitates immediate legal review.
The state of Texas recognizes that survivors of child sexual abuse often experience significant psychological barriers. In general, the statute of limitations for civil claims, which arise from occurrences of child sexual abuse, has been expanded, as the timeline for making a claim is allowed up to thirty (30) years from the victim's eighteenth (18th) birthday; thus offering victims of child sexual abuse a very precious opportunity for justice and to be acknowledged for the long-lasting effects of these types of injuries.
Although you may have an extended period of time in which to file a personal injury claim for your child under the legal principle of tolling, waiting too long to take action will often weaken your case and decrease its value. In general, the longer you wait, the less evidence you will have available to support your case.
Evidence is the foundation of a successful personal injury claim. If you wait several months without filing your claim or obtaining medical records, you may lose valuable evidence.
An attorney must be engaged quickly to issue spoliation letters, secure key documentation, and initiate investigations while the facts are fresh.
A comprehensive documentation of a child's injury, including a discussion of long-term effects, is required by medical professionals. Insurance companies claim that if there is evidence of gaps in treatment or extended wait times between treatments from different specialties, they claim there was nothing wrong with the child. When an attorney secures prompt evaluation and continued medical treatment for a child, this helps prove that the injury resulted from the event in question by establishing a credible connection between the injury and the damage caused by the incident.
Settlement funds for minor children in Texas are very closely protected under state law. To protect funds for minor children until they turn 18, Texas law requires that, even if a settlement is reached, a judge must approve it to ensure it is in the child's best interests and that the funds will be managed properly. As part of the Minor Settlement Approval Process, the funds will be held in a Special Annuity or in a Court Registry until the child reaches majority (i.e., turns 18). As such, it isn't possible for the parent to endorse a check for the minor.
Attorneys who have access to medical documentation earlier can reach a settlement sooner because funds can't be allocated for future needs until a court-awarded amount is determined.
For families in Bellaire, navigating the complexities of the Texas statute of limitations and the protective rules governing minor settlements requires a dedicated legal advocate. At Bivona Law, we are focused on representing the most vulnerable victims: children.
Drew Bivona, The Voice for Kids, founded this firm on the principles of hard work, honesty, and transparency. We handle a range of child injury cases, including:
The statute of limitations is a firm, non-negotiable deadline that guards your child’s right to recovery. Do not delay action based on the assumption that you have until your child turns 20. The time to gather evidence and file a claim for parental damages is limited.
If your child has been injured due to negligence in Bellaire or anywhere in Texas, your family needs clear answers and decisive action now.
Contact Bivona Law for a free, confidential case evaluation today. Call us today or visit our online form to secure the expert legal help your child deserves.
