SERIOUS ATTORNEYS FOR SERIOUS INJURIES
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When a child is hurt because of someone else’s carelessness, the stakes are different from any other personal injury case. Children are more vulnerable to serious harm, their injuries can affect them for decades, and Texas law adds extra steps to protect them at every stage of a claim. If your child was injured in McKinney or the surrounding Collin County area, Chandler Ross Injury Attorneys is here to help your family understand your rights and take action.
Table of Contents
- Why Child Injury Cases in McKinney Demand Immediate Attention
- Texas Law Gives Children Special Protections in Personal Injury Claims
- How a Parent Files a Child Injury Claim in Texas: The “Next Friend” Rule
- Texas Car Seat Laws and How Violations Affect Child Injury Claims
- What Compensation Can a McKinney Child Injury Claim Recover?
- Common Causes of Child Injuries in McKinney and the Surrounding Area
- FAQs About McKinney Child Injury Claims
Why Child Injury Cases in McKinney Demand Immediate Attention
Unintentional injuries are the leading cause of death for children ages 1 through 17 in both the United States and Texas. That fact alone tells you how serious these situations are. When a negligent driver, property owner, or business causes harm to a child, the consequences can follow that child for the rest of their life.
Of the 39,254 traffic fatalities in the United States in 2024, 1,032 were children, and an average of 3 children were killed and an estimated 439 children were injured every day in traffic crashes. These numbers are not abstract. They represent real families, just like yours, dealing with unexpected emergencies on roads like US-75, State Highway 121, and the streets surrounding McKinney’s Adriatica Village and Stonebridge Ranch communities.
Child injury cases move fast on the other side. Insurance adjusters contact families quickly, often before parents have had time to process what happened. They may offer a settlement that sounds reasonable but fails to account for long-term medical needs, future therapy costs, or the lasting emotional impact on your child. Accepting that offer without legal guidance can permanently close the door on fair compensation.
The personal injury lawyers at Chandler Ross Injury Attorneys understand how insurance companies approach child injury claims. We serve families throughout the McKinney area and across North Texas from our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Call us at (940) 800-2500 to talk through your situation at no cost to you.
Texas Law Gives Children Special Protections in Personal Injury Claims
Texas law treats injured children differently from injured adults, and those differences work in your child’s favor. Understanding them is the first step toward protecting your child’s rights.
Under Texas Civil Practice and Remedies Code Section 16.003, the standard statute of limitations for a personal injury claim is two years from the date of the injury. However, Texas Civil Practice and Remedies Code Section 16.001 creates a legal disability exception for minors. Under Section 16.001(a)(1) and (b), a person is under a legal disability if they are under 18, and the limitations period is tolled, or paused, until the minor reaches their 18th birthday. This means the child generally has until their 20th birthday to file their own claim.
That extended window applies to the child’s personal claims, such as pain and suffering, permanent disability, and loss of future earning capacity. Parents have their own separate claims for medical bills they personally paid, and those claims still follow the standard two-year deadline from the date of the injury. Waiting on the assumption that you have more time is a mistake many families regret.
While children cannot file lawsuits on their own, they do have legal rights when injured by someone else’s negligence, meaning carelessness that causes harm. This can involve a distracted driver, a landlord who ignores unsafe conditions, a store that creates hazards, or a dog owner who fails to control an aggressive pet. Each of these situations can give rise to a valid child injury claim in Texas courts.
Texas also applies a modified comparative fault rule to personal injury cases. Under this rule, a party who is more than 50 percent at fault cannot recover compensation. For children, courts apply this standard differently based on the child’s age and developmental ability to understand danger. A very young child is generally not held to the same standard of care as an adult.
How a Parent Files a Child Injury Claim in Texas: The “Next Friend” Rule
Children under 18 cannot file lawsuits in Texas on their own. Texas law provides a clear process for parents and guardians to act on a child’s behalf.
When a minor is injured, Texas law requires that they be represented by a “next friend,” which is typically a parent or legal guardian. The next friend acts as the child’s representative throughout the claim or lawsuit, answering questions, signing documents, and working with the attorney to make key decisions about the case. This process is governed by Texas Rule of Civil Procedure Rule 44.
Acting as a next friend does not mean the claim belongs to you as the parent. The claim legally belongs to the child. Courts in Texas take that distinction seriously. A judge reviewing a child injury case in the Collin County courthouse in McKinney will look closely at every decision made during the case to confirm it serves the child’s interests, not the convenience of an insurer or the financial pressures facing the family.
If the accident involved the parent and child together, for example if both were injured in the same car crash, each person may have their own separate claim. In some cases, parents may also recover certain costs they personally incurred, such as medical bills they paid on behalf of their child.
In many child injury cases, the court also appoints a guardian ad litem, often called a GAL. A guardian ad litem, or attorney ad litem, is appointed by the court to oversee cases involving minors. Their purpose is to ensure that the child’s best interests are upheld. The ad litem will objectively assess your case before the minor settlement hearing. The GAL is separate from your family’s attorney. Your lawyer advocates for your family’s recovery goals, while the GAL independently evaluates whether the outcome truly protects the child.
Texas Car Seat Laws and How Violations Affect Child Injury Claims
Texas Transportation Code Section 545.412 sets the car seat requirements that apply to every driver transporting a young child. Violations of this law can directly affect the value and outcome of a child injury claim.
Under Section 545.412, a driver commits an offense if they operate a passenger vehicle transporting a child younger than eight years old, unless the child is taller than four feet, nine inches, and fail to keep the child secured in a child passenger safety seat system according to the manufacturer’s instructions. A child passenger safety seat system is defined as an infant or child passenger restraint system that meets federal crash-tested restraint standards set by the National Highway Traffic Safety Administration. Violating this law is a misdemeanor carrying a fine between $25 and $250.
That fine is the least of the consequences when a crash occurs. Child safety seats have been shown to reduce fatal injury by 71 percent for infants under one year old and by 54 percent for toddlers one to four years old in passenger cars. When a driver fails to properly restrain a child and that child is injured in a crash, the violation of Section 545.412 becomes powerful evidence of negligence in a civil claim.
In 2023, 1,019 child passengers ages 14 and younger were killed in motor vehicle crashes in the U.S., and more than 142,000 were injured. Of the children who were killed in a crash, 43% were not buckled up. If the adult responsible for your child failed to follow Texas car seat law, that failure matters in your case. Call Chandler Ross Injury Attorneys at (940) 800-2500 to discuss what that means for your child’s claim.
What Compensation Can a McKinney Child Injury Claim Recover?
Texas law allows families to pursue two broad categories of compensation when a child is injured: damages for the parents and damages for the child. Understanding both categories helps you see the full value of your family’s claim.
Parental damages typically cover medical bills paid out of pocket, transportation costs to treatment facilities like Medical City McKinney or Cook Children’s in Fort Worth, lost wages when a parent had to miss work to care for an injured child, and other direct financial losses. These claims belong to the parents and follow the standard two-year filing deadline.
Two separate categories of damages are involved when a child is injured: parental claims, which cover the financial impact on parents including medical bills and out-of-pocket expenses, and the minor’s claims, which include pain and suffering, mental anguish, permanent disability or disfigurement, and loss of future earning capacity.
Future damages are often the largest portion of a child injury claim. A child who suffers a traumatic brain injury, a spinal injury, or severe burns may need ongoing medical care, therapy, and accommodation for years or decades. These long-term costs must be carefully calculated and presented to the court.
Texas law also requires court approval before any settlement money in a child’s case changes hands. Texas law requires court approval for any settlement involving a minor. This process consists of a hearing where a judge reviews the settlement terms to ensure they serve the child’s best interests. The court must confirm that the settlement amount is fair and that the distribution of funds is appropriate, considering the child’s current and future needs. This might include setting up a structured settlement or trust to manage the funds until the child reaches maturity.
Past results in any case depend on the specific facts and law involved, and no outcome is guaranteed. What we can tell you is that Chandler Ross Injury Attorneys works hard to build the strongest possible case for every family we represent. Reach us at (940) 800-2500 or visit our office at 110 N. Woodrow Ln, Ste 120, Denton, TX 76205.
Common Causes of Child Injuries in McKinney and the Surrounding Area
Child injuries in McKinney arise from many different situations, and each type of incident carries its own legal considerations under Texas law.
Car accidents are among the most frequent causes. McKinney sits at the intersection of several busy corridors, including US-75 (Central Expressway) and State Highway 380, where high-speed traffic and distracted drivers create real danger for child passengers and young pedestrians. Of the estimated 6,615 child pedestrians injured in traffic crashes in 2024, 60 percent were males. Children walking near McKinney’s Towne Lake Recreation Area or biking through the neighborhoods around Heard Natural Science Museum and Wildlife Sanctuary face real risks from inattentive drivers.
Premises liability is another major source of child injuries. Property owners in Texas owe a duty of care to keep their premises reasonably safe. When a child is injured at a McKinney business, apartment complex, or public facility because of a hazardous condition, that property owner may be liable. Texas courts also recognize the attractive nuisance doctrine, which holds property owners responsible when a dangerous condition, like an unfenced pool or an abandoned structure, foreseeably attracts and injures children.
Dog bites, slip and fall accidents, playground injuries, and daycare negligence round out the most common types of child injury claims our team handles. Nonfatal, unintentional injuries place significant mental, physical, and financial burdens on children and their families. Children who suffer unintentional injuries often miss time from school, not only disrupting their education but also placing additional strain on caregivers, who may struggle with missed work. These ripple effects extend well beyond the immediate injury, and your claim should account for all of them.
If your child was hurt in McKinney or anywhere in Collin County, Chandler Ross Injury Attorneys is ready to review your case. Call (940) 800-2500 today. The consultation is free, and there is no fee unless we recover compensation for your family.
FAQs About McKinney Child Injury Claims
Can I file a personal injury claim for my child in Texas if they are under 18?
Yes. Texas law allows a parent or legal guardian to file a claim on behalf of a minor child as a “next friend” under Texas Rule of Civil Procedure Rule 44. The child cannot file on their own, but their right to compensation is fully protected through this process. The claim legally belongs to the child, and the court oversees all major decisions to make sure every outcome serves the child’s best interests.
How long do I have to file a child injury claim in McKinney, Texas?
It depends on whose claim you are filing. Under Texas Civil Practice and Remedies Code Section 16.001, the statute of limitations is tolled for minors until they turn 18, giving the child until their 20th birthday to file their own claim. However, a parent’s separate claim for medical bills and other personal expenses must be filed within two years of the injury date under Section 16.003. Waiting is risky because evidence disappears and witnesses become harder to locate. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible.
Does Texas require court approval for a child injury settlement?
Yes. Texas law requires a minor settlement hearing before any settlement funds are distributed in a child’s injury case. A judge reviews the settlement terms to confirm they are fair and serve the child’s long-term interests. The court may also appoint a guardian ad litem, an independent attorney whose job is to evaluate the settlement from the child’s perspective. Settlement funds are typically placed into a restricted account or trust that the child can access when they turn 18.
What types of damages can my child recover after an injury in McKinney?
Your child’s claim can include compensation for current and future medical expenses, rehabilitation and therapy costs, pain and suffering, mental anguish, permanent disability or disfigurement, and loss of future earning capacity. As a parent, you may also have a separate claim for medical bills you personally paid, out-of-pocket expenses, and lost wages from missing work to care for your child. The total value of a case depends entirely on the specific facts, injuries, and long-term needs involved. Every case is different, and past results in other cases do not predict the outcome of yours.
What should I do immediately after my child is injured due to someone else’s negligence?
Seek medical attention first, even if your child seems okay. Some injuries, including traumatic brain injuries and internal trauma, do not show obvious symptoms right away. Document the scene with photos if it is safe to do so, gather contact information from any witnesses, and keep records of every medical visit and expense. Do not sign anything from an insurance company without speaking to an attorney first. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can help preserve evidence and protect your child’s rights from the start.
Content prepared by Chandler Ross, Injury Attorneys, 110 N. Woodrow Ln, Ste 120, Denton, TX 76205. Principal office: Denton, Texas. Chandler Ross Injury Attorneys is a Texas law firm. This content is attorney advertising. Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts and applicable law.
