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Home / Personal Injury Blog / Children and Fatal Texas Car Accident Claims

Children and Fatal Texas Car Accident Claims

Learn why child injury, wrongful death and survival claims require separate authority, deadline and settlement analysis.

November 10, 2026
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

An empty child car seat on an armchair beside a folded blanket and a closed folder.

Home  >  Personal Injury Blog  >  Children and Fatal Texas Car Accident Claims

Tuesday, November 10, 2026 | By Aaron A. Herbert
Children and Fatal Texas Car Accident Claims

When a crash injures or kills a child, or takes a child's parent, each claim has its own owner, deadline and settlement safeguards.

Texas Car Accident Knowledge Hub

Explore the car accident guides for evidence, fault, insurance, damages and lawsuits.

Short answer

A Texas crash that involves a child rarely creates just one claim. The child may have an injury claim. The parents have their own claims. A death adds a wrongful death claim and a survival claim. Each one belongs to different people, and they can run on different deadlines.

Settling for a child adds a step. A child's settlement generally needs a judge's approval before it binds the child, and the court can control how the money is held until the child turns 18.

Who holds which claim depends on who was hurt:

What happenedClaims that usually existWho acts
A child was injuredThe child's injury claim and the parents' claim for the child's medical billsA parent as "next friend"
A child was killedThe parents' wrongful death claims and a survival claimThe parents and an estate representative
A parent was killed and a child survivedWrongful death claims for the spouse, the children, and the deceased's parents, plus a survival claimA surviving parent or guardian, and an estate representative

Who owns each claim after a crash involving a child?

Under Tex. Civ. Prac. & Rem. Code § 71.002, a person whose wrongful act or negligence causes a death is liable for damages from that death. Which driver, owner, or employer caused the crash? That's the first question.

Section 71.004(a)-(b) names who can recover. When a mother dies, her husband can. So can her children and her own parents, and any one of them may sue for all. Her sister can't, and neither can her grandparents.

What if nobody files? If no beneficiary sues within three calendar months, the executor or administrator must, unless all beneficiaries ask them not to (§ 71.004(c)). Has an estate been opened, and who serves?

The survival claim is hers, carried on after death. Section 71.021 keeps her own injury claim alive for her heirs, legal representatives, and estate. The ambulance and hospital bills go here, along with her pain before she died and the funeral.

Key point: Under § 71.001(3)-(4), "individual" includes an unborn child at every stage of gestation. If a pregnant passenger lost the pregnancy in the crash, that loss belongs on the claim map.

Under § 71.010, the jury divides wrongful death damages among the beneficiaries in shares it finds. A child's share is set apart from a surviving parent's share.

Under § 71.011, wrongful death damages aren't subject to the deceased's debts. Say a father who dies in the crash owed $40,000 on credit cards and a car loan. His creditors can't reach his daughter's wrongful death recovery.

For death claims in general, see the Texas wrongful death claims and litigation guide and the Texas fatal car accident page.

How long does the family have to file?

Minority pauses the clock for the child's own claim, but not for every claim the crash created:

ClaimDeadline ruleCommon trap
Child's own injury claimTwo years (§ 16.003), with time under 18 not counted if the child was a minor when the claim arose (§ 16.001(a)-(b))Assuming evidence will last
Parent's claim for medical billsGenerally two years from the crashTreating it as paused until 18
Wrongful deathTwo years, accruing on the date of death (§ 16.003(b))Waiting for the criminal case
Claim against a city, county, or state agencyNotice within six months, or a shorter city charter period (§ 101.101)Missing notice while grieving

Only the first row is clearly paused by minority. A disability that starts after the clock is already running doesn't pause it (§ 16.001(d)). Does minority pause a child beneficiary's wrongful death claim? Ask a lawyer that question early. The Texas car accident claims and litigation guide explains the general rules.

Illustration of connected circles branching into three separate folders for separate family claims.
Each family member's claim can carry its own deadline.

What to do now: Call the tow yard this week and ask where each vehicle is. Insurers can sell a wrecked car for salvage within weeks, and the event data recorder goes with it.

By the end of the week, the gas station camera on the corner may have recorded over the crash. Ask for it first. Keep the child's car seat, too, and photograph how it was buckled in before anyone touches it; a seat in a dumpster can't be inspected. Police photos, scene measurements, and the 911 call come next.

Who can sign for a child, and does a judge have to approve?

A parent can bring a child's claim as next friend. The settlement binds the child only when the court approves it. Under Tex. R. Civ. P. 44, a minor without a legal guardian may sue through a next friend, who may compromise the suit with the court's approval. A parent's signature on an insurer's release isn't the end of the process.

Sometimes the parent and child want different things. Rule 173.2 has the court appoint a guardian ad litem when the next friend appears to have an adverse interest, or when the parties agree. A father with his own claim against the same small policy is the classic case. Under Rule 173.4(c), the guardian ad litem tells the judge whether the deal is in the child's best interest.

Families often hire one lawyer for everyone. Tex. Disciplinary R. Prof'l Conduct 1.08(f) allows it, but an aggregate settlement needs each client's consent after full disclosure. In practice, the widower sees what his in-laws would get, and they see his number.

Here's how fast the claims pile up. A crash on I-30 near Grand Prairie kills a mother and badly hurts her 9-year-old son. The other driver has one policy, and it has to cover:

  • the boy's injury claim
  • wrongful death claims for the boy, his father, and the mother's parents
  • the estate's survival claim

That leaves three calls to make:

DecisionWho weighs in
How to divide one policy limit among the claimsEach claimant, and the court for the boy's share
Whether the father can act for his sonThe court, through a guardian ad litem if interests conflict
Whether UIM on the family's own policy appliesThe family's lawyer

How is a child's settlement money protected?

Under Tex. Prop. Code § 142.001, after an application and hearing, the court may decree how the child's funds are invested. Who can withdraw money, and for what? Ask before the hearing.

Section 142.004 lists the places the money can go. It may be placed with the court clerk on written order, or by the next friend in specified education savings, ABLE, or insured accounts.

Two other tools come up often:

  • structured payments, which are periodic payments arranged through the settlement (ask for the payment dates, the amounts, and the company paying)
  • a trust or guardianship, which provides longer-term management for larger recoveries or a child with a disability (ask whether public benefits could be affected)

The boy's money isn't the family's to spend. Before any of it moves, the court looks over the liens, the fees, and the expenses. The Texas Car Accident Knowledge Hub covers liens and coverage.

For the approval hearing, bring:

  • final lien and provider balances, in writing
  • the doctor's letter on future care, so payment dates can match it
  • a separate release for each family member

Frequently asked questions

Does every relative have a wrongful death claim?

Texas limits wrongful death beneficiaries to the surviving spouse, children, and parents of the person who died. A grandparent or sibling isn't on the list.

Can a parent sign an insurer's release for an injured child?

A parent can negotiate as next friend. The settlement binds the child only after the court approves it.

Should we wait until the criminal case ends?

The criminal case doesn't pause civil deadlines, and evidence can disappear while it's pending.

Does my child have until age 20 to file?

That's possible for the child's own injury claim. The parents' claims and any government notice deadline run much sooner. Don't plan around age 20.

Who gets money for a child's medical bills?

Before the child turns 18, that claim usually belongs to the parents.

Call (214) 200-4878 or tell us about your case.

Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.

Sources

  1. Tex. Civ. Prac. & Rem. Code § 16.001
  2. Tex. Civ. Prac. & Rem. Code § 16.003
  3. Tex. Civ. Prac. & Rem. Code ch. 71
  4. Tex. Civ. Prac. & Rem. Code § 101.101
  5. Texas Rules of Civil Procedure 44 and 173
  6. Tex. Prop. Code ch. 142
  7. Texas Disciplinary Rules of Professional Conduct 1.08(f)

This article provides general information about Texas law, not legal advice. Every case depends on its facts, evidence, insurance, deadlines and governing law. Past results do not guarantee a similar outcome.

More in the Texas Car Accident Knowledge Hub
  • Texas Car Accident Knowledge Hub
  • Texas Car Accident Claims and Litigation Explained
  • What to Do After a Texas Car Accident
  • Texas Comparative Fault in Car Accident Claims
  • Medical Bills and Future Care After a Texas Car Accident
Aaron A. Herbert

ABOUT THE ATTORNEY

Aaron A. Herbert

Founding Attorney

Board Certified in Personal Injury Trial Law

Texas Board of Legal Specialization · Since 2008

Licensed in Texas since 2002

Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.

Education

  • Texas A&M University · B.S., Criminal Justice, 1999
  • University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Read Aaron's full biographyVerify Board Certification with TBLS
Trial experience & approach

Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.

His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.

His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.

Dallas roots, military service & publication

Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.

Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.

Professional affiliations & recognition

Professional affiliations and recognition listed in Aaron’s biography:

  • State Bar of Texas
  • American Bar Association
  • Association of Trial Lawyers of America (now American Association for Justice)
  • Texas Trial Lawyers Association
  • Dallas Trial Lawyers Association
  • Dallas Bar Association
  • Tarrant County Bar Association
  • Million Dollar Advocates Forum
  • The National Trial Lawyers – Top 100 Trial Lawyers

Trial experience & approach

Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.

His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.

His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.

Dallas roots, military service & publication

Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.

Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.

Professional affiliations & recognition

Professional affiliations and recognition listed in Aaron’s biography:

  • State Bar of Texas
  • American Bar Association
  • Association of Trial Lawyers of America (now American Association for Justice)
  • Texas Trial Lawyers Association
  • Dallas Trial Lawyers Association
  • Dallas Bar Association
  • Tarrant County Bar Association
  • Million Dollar Advocates Forum
  • The National Trial Lawyers – Top 100 Trial Lawyers

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