A parent or guardian’s responsibilities include ensuring an injured child receives proper care and protecting their legal rights. If an injury occurs in Frisco, whether at a park, a local school, or on busy highways, the legal system provides options to support your child’s recovery. However, these steps must be taken within specific time limits known as statutes of limitations. Missing these deadlines could permanently prevent your family from seeking justice on your child’s behalf.
At Bivona Law, we understand that during a medical crisis, your first priority is your child's recovery. Legal timelines are often not on the mind of a parent when they have a sick child. We have created this guide to provide you with additional resources to help you understand the complex laws governing child injury claims in Texas and how they apply specifically to Frisco residents.
Statutes of limitations set the amount of time a person has to file a lawsuit after an event occurs or an injury is discovered. In most cases, unless the State provides an extension, once this period expires, a legal claim can no longer be filed. Under Texas law, the statute of limitations for most personal injury cases is two years from the date the injury occurs. This two-year period begins on the date of the incident.
Children's rights are protected longer because they cannot file a lawsuit on their own. The Texas Statute also states that minors cannot legally advance their own interests. The statute creates a pause in the time to file for a lawsuit until the minor has full control over their own affairs and is capable of employing their own interests to protect themselves.
In most personal injury cases involving a minor in Frisco, the statute of limitations is paused until the child reaches the age of 18. This is referred to as tolling for legal disability. Because a person under 18 is considered legally disabled by age, the two-year clock does not begin ticking until their 18th birthday.
If a child is hurt in any way before they turn 18 years old, they are entitled to file a personal injury lawsuit anytime until their 20th birthday for the recovery of damages associated with their injuries; therefore, while this extension gives the injured child a significant safety net, it is important that the parent do not wait many years before filing their lawsuit, for doing so may create numerous complications with respect to the type of financial recovery that can be exercised.
One of the most misunderstood aspects of child injury law in Texas is the distinction between a child's claim and a parent's claim. In a typical injury case, there are two separate sets of damages that must be accounted for by your legal team.
The child's claim covers non-economic damages such as physical pain, mental anguish, permanent disfigurement, and physical impairment. It also includes future medical expenses that might occur after the child turns 18. This part of the claim is almost always protected by the tolling rule until the child reaches adulthood.
On the other hand, a parent may be reimbursed for the medical bills incurred from the date of injury until their child reaches adulthood. One of the main differences is that a parent does not have to wait 18 years after the date of injury to file a claim for medical expenses incurred by their child, as it is usually covered by a two-year statute of limitations from the date of injury. When the child turns 18, parents will probably no longer be able to get reimbursement for medical costs if they don't file for reimbursement within the two-year period.
While the general rule offers extra time for minors, there are massive exceptions when the negligent party is a government entity. In Frisco, this often involves the City of Frisco, Collin County, Denton County, or the Frisco Independent School District (FISD). These entities are protected by specific laws that require much faster action than a standard private lawsuit.
Under the Texas Tort Claims Act, government entities have limited immunity from lawsuits. To bypass this immunity, you must strictly follow notice requirements. While state law allows a six-month notice period, it also permits cities to set shorter deadlines in their city charters.
A particularly stringent regulation exists in the City of Frisco. A documented, sworn statement must be submitted to the city within ninety days of the incident if someone is seeking damages for injury or death, according to the Frisco City Charter. This notification must contain the kind and severity of the injuries, the exact location and circumstances of the accident, a detailed description of the damaged property, and a list of any witnesses.
If your child is injured due to a defective city sidewalk, a city vehicle, or at a city-maintained park like Hope Park, missing this 90-day window could end your case before it even starts. The tolling for minors does not always apply to these administrative notice requirements.
School-related injuries differ from non-school-related injuries and pose an additional layer of difficulty. Most claims against school districts in Texas fall under the Texas Tort Claims Act, which requires individuals filing claims against a school district to formally notify the district within 6 months of the incident. School districts have their own internal grievance procedures and offer greater legal protections against liability than for-profit companies do. If you want to take legal action against a school district, you need to act quickly to ensure you've fulfilled all of the legal requirements placed on you by law.
The age-20 or two-year rule does not apply to all injuries. To safeguard their family's interests, parents need to be aware of the unusual deadlines associated with certain Frisco specialty cases.
The two-year statute of limitations for general personal injury claims is tolled for minors until age 20. Medical malpractice claims, on the other hand, are far more stringent. A lawsuit must be brought by the child's 14th birthday if a child under 12 is hurt due to medical malpractice. Regardless of the child's age, there is also a 10-year statute of repose, meaning no claim can be brought more than a decade after the negligent act occurred.
The windows for other kinds of claims are far longer. For instance, after the victim becomes 18, there is now a 30-year statute of limitations in instances involving sexual abuse. On the other hand, product liability claims have a 15-year statute of repose, and wrongful death claims must be filed within two years of the death.
Even though the law might technically allow a child to wait until they turn 18 to sue, doing so is rarely in the family's best interest. Delaying a legal claim can significantly weaken the case for several reasons beyond legal deadlines.
One of the cities in the nation with the quickest rate of growth is Frisco. Roads are changed, construction sites are altered, and firms undergo ownership changes. If a hazardous situation on a property caused harm to your child, it might be fixed or changed in a matter of weeks. To prove negligence later, it is essential to obtain photographs and professional assessments right away.
Witnesses who saw an accident at a Frisco park or a local shopping center may move away or simply forget key details over time. A witness statement taken two weeks after an accident is far more powerful than testimony given five years later. Over time, even the most well-intentioned witness may lose clarity on the specific details of the event.
Digital data is frequently erased within 30 to 60 days, including dashcam footage and security camera footage from retail establishments. If you delay your research for years, this objective proof will vanish. Similarly, staffing records for daycare centers or maintenance logs for public facilities may be destroyed in accordance with standard document-retention laws if a legal hold is not placed on them.
The high cost of medical treatment for a significant injury could potentially exceed hundreds of thousands of dollars. As a result, to guarantee timely access to funds, it is essential to file a claim as soon as possible after the child has received a serious injury, and prior to that financial burden impacting your family.
Under the discovery rule, if your child's injury does not manifest itself immediately, as in the case of a traumatic brain injury resulting from a sports injury, the statute of limitations may be paused until a reasonable person would have known or discovered the injury.
However, Texas courts apply this rule very narrowly. It is most commonly used in cases involving hidden medical errors or exposure to toxic substances. You should never assume the discovery rule will apply to your case without consulting a qualified attorney.
After a child sustains an injury, it is very important that parents take immediate, proactive measures to protect their child's legal rights and ensure that important timelines are not missed. The first step should be for the child to receive an Immediate Evaluation from a Health Practitioner, followed by documentation from that practitioner detailing the extent of the injury.
After receiving treatment, Parents should take photographs of the location of the injury, the Equipment, and the Damage to the area where the incident took place, as well as photos of the Child immediately after sustaining the Injuries. It is also important for Parents to obtain contact information from anybody who witnessed the Accident.
During this time, we strongly recommend that Parents refrain from posting about their Child's Injury or Recovery on any Social Media Website (i.e., Facebook or Instagram) as it could be harmful to their Case and therefore the likelihood of a successful outcome to their Legal Claim. Parents should also seek Legal Advice regarding a Local Personal Injury Attorney who can assist with the Process of filing a claim and help protect their Children's Future, as different City and School District Jurisdictions may require specific Notification requirements.
Navigating the intersection of the Texas Tort Claims Act, municipal charters, and personal injury law requires a high level of precision. At Bivona Law, we understand the various aspects of Frisco's legal scene. We know how to navigate the local courts in both Collin and Denton counties, and we have the experience to handle the challenges posed by the administrative processes of local governmental entities.
We focus on working with families. Our focus is to handle all deadlines, insurance companies, and legal filings, so you can focus on assisting your child in the healing process. We work with medical professionals, accident reconstructionists, and life care planners to ensure that all aspects of your child's needs are accounted for.
Every child should have every opportunity to build a bright future, free from someone else's negligence. Whether your child's injury occurred on Preston Road, at Stonebriar Centre, or in their neighborhood, we are available to help you navigate the various complexities of your legal rights. As your courtroom advocate in Frisco, our team will ensure that your family has access to the legal expertise required to support your child's future.
The clock is ticking on your ability to recover medical expenses and hold the responsible parties accountable. Do not let a procedural deadline stand in the way of your child's justice. If the injury involved a city vehicle or city property, you must act within 90 days to meet the Frisco City Charter notice requirement.
By reaching out to our team today, you can ensure that evidence is preserved and that all applicable statutes of limitations are documented. We offer free consultations to help you understand your rights. Let us help you navigate this difficult time and secure the compensation your child deserves for their recovery and their future.
