Houston Child Injury Lawyer

Houston Personal Injury Lawyers. Power Up.

Free Consultation

Houston Child Injury Lawyer

When a child gets hurt because of someone else’s negligence, the impact goes far beyond the injury itself. Medical bills pile up, school is missed, and the emotional toll on the whole family can last for years. If your child was injured in Houston, Texas, you have the right to pursue compensation on their behalf. At Gustin Law Firm, our principal office is located in Houston, and we are here to help families across Harris County hold negligent parties accountable. Attorney David Gustin has helped clients recover over $50 million in total recoveries. If you want to know what a skilled personal injury lawyer can do for your family, call us at (713) 491-4792 today.

Table of Contents

How Children Get Hurt in Houston: Common Causes of Child Injury

Children face injury risks every single day, from the school run on I-10 to an afternoon at Hermann Park or a swim at an apartment complex pool. Understanding how these injuries happen is the first step toward knowing who may be legally responsible. In Houston, the most common causes of child injury claims include car accidents, swimming pool accidents, playground accidents, dog bites, and injuries at schools or daycare facilities.

Car accidents are a leading source of serious child injuries in Texas. Under Texas Transportation Code Section 545.412, any driver operating a passenger vehicle with a child younger than eight years old must keep that child secured in a properly installed child passenger safety seat system. When a driver ignores this law, or when a reckless driver causes a crash, children suffer the consequences. Their smaller bodies make them far more vulnerable to traumatic brain injuries and spinal cord damage than adults in the same collision.

Premises liability cases are also common. A property owner who fails to maintain a safe environment, whether that is a broken fence around a pool near the Galleria or a cracked sidewalk outside a school in the Heights, can be held liable when a child is hurt. Texas law also recognizes injuries that happen at playgrounds, on school buses, and in apartment complex common areas. Negligent security situations, such as a child being attacked in a parking garage or poorly lit park, can also give rise to a claim. No matter how your child was hurt, the key question is always the same: did someone’s carelessness cause this injury?

Accidents, or unintentional injuries, are the leading cause of death among children and teens in the United States. Texas is no exception. In FY 2025, the Texas Department of Family and Protective Services investigated 581 possible child abuse and neglect-related fatalities. These numbers represent real families, and they underscore why holding negligent parties accountable matters so deeply.

Texas Laws That Protect Injured Children

Texas has several laws that directly protect injured children and their families. Knowing these laws can help you understand the strength of your claim and what you may be entitled to recover.

Texas Civil Practice and Remedies Code Chapter 139 specifically addresses personal injury claims involving certain protected persons, including incapacitated individuals. This chapter governs how structured settlements work when a minor receives a personal injury recovery, ensuring that money awarded to a child is properly protected and managed for their benefit.

When a child is injured on someone’s property, Texas premises liability law applies. Under Chapter 75 of the Civil Practice and Remedies Code, property owners have specific duties that govern their liability depending on the visitor’s status. Children, especially young children, receive heightened protection under the attractive nuisance doctrine. This doctrine holds a property owner responsible when a dangerous condition, like an unfenced pool or an unsecured construction site near a neighborhood like Meyerland, attracts children who are too young to recognize the danger.

If a child’s injury involves a product defect, such as a faulty car seat or a dangerous toy, Texas product liability law applies. Under Texas Civil Practice and Remedies Code Chapter 82, manufacturers and sellers can be held responsible for injuries caused by unreasonably dangerous products. Punitive damages may also be available in cases of gross negligence or intentional misconduct. Under Texas Civil Practice and Remedies Code Section 41.005, courts can award exemplary damages where a criminal act was committed by an employee of the defendant, or where the employer authorized or ratified the wrongful conduct.

In the most tragic situations, where a child’s injuries lead to death, families can pursue a wrongful death claim. Under Texas Civil Practice and Remedies Code Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death when that injury was caused by their wrongful act, neglect, carelessness, or default. Additionally, under Section 71.021, a personal injury cause of action survives the death of the injured person and can be pursued by the child’s heirs or estate. These laws exist to make sure that families are not left without a remedy when the unthinkable happens.

Who Can Be Held Responsible for a Child’s Injuries in Houston?

Liability in a child injury case depends on the facts, but Texas law casts a wide net when it comes to who can be held responsible. Identifying every potentially liable party is one of the most important things an attorney does early in a case.

In a car accident, the at-fault driver is the obvious starting point. But if that driver was operating a commercial vehicle, their employer may also be liable under the legal theory of respondeat superior. If the vehicle had defective brakes or a faulty safety system, the manufacturer could share responsibility. Cases involving rideshare companies, school buses, or commercial trucks often involve multiple layers of insurance and liability, which is why these claims require careful investigation from the start.

In premises liability cases, the property owner, property manager, or even a tenant can be held responsible. For example, if a child is hurt at an apartment complex near Westheimer Road because the pool gate latch was broken for weeks and management ignored complaints, that is a strong basis for a negligence claim. Under Texas law, property owners owe a duty of reasonable care to invitees, which includes children visiting the property.

Schools and daycare facilities also carry a duty of care. When a child is hurt because a teacher failed to supervise properly, or because a school failed to maintain safe equipment, the school district or private institution may be liable. Claims against government entities, like Houston Independent School District, require special attention because the Texas Tort Claims Act imposes strict notice requirements. Under that Act, an injured party must file a notice of claim within a specific window, sometimes as short as 90 days, making it critical to act fast.

Dog owners, negligent security providers, and even other parents can be liable depending on the circumstances. The bottom line is that Texas law holds people and businesses accountable when their carelessness hurts a child. Gustin Law Firm investigates every angle to make sure no responsible party is overlooked.

Filing Deadlines and Special Rules for Child Injury Claims in Texas

One of the most important things to understand about a child injury claim in Texas is how the filing deadline works. The general rule under Texas Civil Practice and Remedies Code Section 16.003 is that personal injury claims must be filed within two years of the date of the injury. Miss that deadline, and the court will almost certainly dismiss the case, no matter how strong the evidence is.

However, Texas law gives children special protection when it comes to this deadline. Texas tolls the statute of limitations for individuals under 18 years old under Texas Civil Practice & Remedies Code Section 16.001. For most personal injury cases involving a minor, the two-year limitations period does not begin until the child’s 18th birthday. That means a child injured at age seven generally has until their 20th birthday to file their own claim for pain and suffering, mental anguish, scarring, and physical impairment.

There is an important exception that parents must know about. Medical bills incurred for treating the child before the age of 18 are considered the legal responsibility of the parent or guardian, and that part of the claim is subject to the standard two-year deadline, which runs from the date of injury, not from the child’s 18th birthday. This means parents who want to recover medical expenses must act within the standard two-year window.

Claims against government entities add another layer of urgency. Under the Texas Tort Claims Act, if your child is injured due to the fault of a government entity or employee, you must file a notice of claim within 180 days. Some local government agencies, such as county or city governments, could shorten the notice period even further, with many localities requiring notice within 90 days of the incident. Missing this notice deadline can permanently bar a claim, even if the injury was serious. Call Gustin Law Firm at (713) 491-4792 as soon as possible so we can protect your family’s rights before any deadline passes.

What Compensation Can a Houston Family Recover for a Child’s Injuries?

When a child is injured because of someone else’s negligence, Texas law allows the family to pursue several categories of compensation. Understanding what you can recover helps you make informed decisions about your case.

Medical expenses are typically the largest component of a child injury claim. This includes emergency room bills from facilities like Texas Children’s Hospital or Memorial Hermann, surgeries, physical therapy, prescription medications, and any future medical care the child will need as they grow. Future medical costs are especially significant in cases involving traumatic brain injuries, spinal cord damage, or severe burn injuries, where treatment can extend for decades.

Beyond medical costs, a child injury claim can include compensation for physical pain and suffering, mental anguish, disfigurement, and physical impairment. These are personal damages that belong to the child. Parents can also recover for their own mental anguish in cases involving severe injuries, as well as for lost wages if they had to miss work to care for their injured child.

In cases of gross negligence, a court may award exemplary damages under Texas Civil Practice and Remedies Code Chapter 41. These are designed to punish particularly reckless or intentional conduct and to deter similar behavior in the future. For example, if a daycare operator knowingly ignored dangerous conditions that led to a child’s serious injury, exemplary damages may be appropriate.

When a child’s injuries result in death, the family can pursue a wrongful death claim for their own losses, including grief, loss of companionship, and mental anguish. A survival claim can also be filed on behalf of the child’s estate for the pain and suffering the child experienced before death, under Texas Civil Practice and Remedies Code Section 71.021.

Gustin Law Firm handles child injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Please note that attorney’s fees and litigation expenses are deducted from any gross recovery. We will explain the fee structure clearly before you commit to anything. To discuss your child’s case with our Houston team, call (713) 491-4792 today. This content is provided on behalf of attorney David Gustin, whose principal office is in Houston, Texas.

FAQs About Houston Child Injury Lawyers

Can I file a lawsuit on behalf of my injured child in Texas?

Yes. A parent or legal guardian can file a personal injury lawsuit on behalf of a minor child in Texas. The parent acts as the child’s representative in the legal proceedings. Any settlement involving a minor must typically be approved by a court to ensure the recovery is in the child’s best interest, which is a protection built into Texas law under Civil Practice and Remedies Code Chapter 139.

How long do I have to file a child injury claim in Houston?

It depends on the type of claim. Under Texas Civil Practice and Remedies Code Section 16.001, the two-year statute of limitations is tolled for minors, so the child’s personal claims for pain and suffering generally do not expire until two years after their 18th birthday. However, a parent’s claim for the child’s medical expenses follows the standard two-year deadline from the date of injury. Claims against government entities may require notice within 90 to 180 days. Contact Gustin Law Firm at (713) 491-4792 right away to protect your family’s rights.

What if my child was hurt at school or a daycare in Houston?

Schools and daycare facilities have a legal duty to keep children safe. If your child was injured because of inadequate supervision, unsafe equipment, or a failure to follow safety protocols, the school or facility may be liable for negligence. If the school is part of a public school district like Houston ISD, special rules under the Texas Tort Claims Act apply, including strict notice deadlines. A private school or daycare is generally subject to standard negligence principles. Either way, you should speak with an attorney as soon as possible.

What kinds of damages can my child recover after a serious injury in Texas?

Your child can recover compensation for medical expenses, physical pain and suffering, mental anguish, disfigurement, and physical impairment. Future medical costs and future loss of earning capacity may also be recoverable if the injury has long-term effects. In cases of gross negligence, exemplary damages may be available under Texas Civil Practice and Remedies Code Chapter 41. Parents may also recover for their own mental anguish and lost wages in appropriate cases. Every case is different, so the best way to understand your specific recovery options is to speak with an attorney.

Does Gustin Law Firm charge upfront fees for child injury cases?

No. Gustin Law Firm handles child injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Attorney’s fees and litigation expenses are deducted from any gross recovery at the end of the case. We will walk you through the full fee structure before you make any decisions. To get started with a free consultation, call our Houston office at (713) 491-4792.

More Resources About Serious & Catastrophic Injuries

"Charlie has been an invaluable resource"

I was able to get my maximum settlement and I am relieved that I can continue on with my life.

— Loryn LaMonte