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When Your Child Is Hurt: Navigating the Legal Battlefield for Justice
The moment you learn your child has been injured is a parent’s worst nightmare. The flood of emotions—fear, anger, helplessness, and profound frustration—can be overwhelming. At Attorney911, we have stood beside countless Texas families in these exact moments for over 25 years. As Ralph Manginello, our managing partner with 25+ years of litigation experience and federal court admission, often says: “Your child’s innocence demands the fiercest protection the law can provide.” Child injury lawsuits are uniquely emotional because they involve our most vulnerable. Sadly, many parents internalize the blame, questioning what they could have done differently, when the reality is that the fault almost always lies with the negligent or intentional actions of another. Your job is to be their parent and caregiver. Our job, as your Legal Emergency Lawyers™, is to be your unwavering advocate, fighting to secure the justice and compensation your child deserves so you can focus on their healing.
Understanding Your Child’s Legal Rights in Texas
In Texas, a minor (under 18) lacks the legal capacity to file a lawsuit on their own. This right and responsibility falls to you, their parent or legal guardian, to act as their “next friend” in the legal system. This is a sacred trust. Under Texas law, your injured child is entitled to the same full measure of monetary damages as an adult who suffers similar injuries. The legal system does not discount a child’s pain, suffering, or future needs simply because of their age. In fact, the long-term impact of an injury on a developing child can often warrant greater compensation due to a lifetime of affected potential. Furthermore, as a parent, you may be entitled to recover your own extraordinary expenses and losses, such as medical bills you’ve paid, lost wages from time taken off work to care for your child, and, in severe cases, compensation for the loss of your child’s companionship and services.
The Texas Legal Framework for Child Injury Claims
The foundation of most child injury cases is the legal doctrine of negligence. To establish negligence in Texas, we must prove four elements: 1) The defendant owed your child a duty of care (e.g., to drive safely, to supervise properly, to maintain safe premises), 2) The defendant breached that duty through careless, reckless, or unreasonable actions (or inaction), 3) That breach directly caused your child’s injuries, and 4) Your child suffered measurable damages. Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). This means your child’s recovery can be reduced by their own percentage of fault, but if they are found to be 51% or more at fault, they are barred from recovery. This rule is applied with special consideration for a child’s age and capacity. We aggressively combat insurance attempts to wrongly assign fault to a child.
Can I Sue an Adult Who Accidentally Hurt My Child?
Yes, absolutely. Intent is not a prerequisite for liability. Even if an adult did not mean to cause harm, they are legally and financially responsible if their actions were negligent, careless, or reckless. The standard is what a reasonably prudent person would have done in the same situation. For example, a driver texting and hitting a child in a crosswalk, a property owner who fails to fix a dangerous broken stair railing, or a store manager who neglects to clean a spill—all can be held liable for the injuries they cause through their negligence.
Attorney911’s Approach to Negligence Cases
Proving negligence requires a swift and thorough investigation. Evidence disappears quickly: surveillance footage is often automatically deleted after 30 days, witnesses’ memories fade, and physical conditions change. At Attorney911, we act with the urgency these cases demand. Our team, led by Ralph Manginello, immediately deploys investigative resources to secure evidence. Our firm’s unique advantage includes Lupe Peña, an associate attorney who spent years working for a national insurance defense firm. Lupe’s insider knowledge is invaluable; he knows exactly how insurance companies investigate claims, where they look for weaknesses, and how they calculate settlement offers. He used to build defenses for them—now he uses that playbook to build airtight cases for injured Texas children.
Consider our documented result in a catastrophic injury case: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.” This case involved complex liability against a corporate defendant. Our experience in federal court (U.S. District Court, Southern District of Texas) and in massive litigation like the BP Texas City explosion means we are not intimidated by powerful opponents. We fight with the same tenacity for your child. If your child has been hurt by someone’s carelessness, do not wait. Call our legal emergency line at 1-888-ATTY-911. We will immediately begin protecting their rights.
Can I Sue an Adult Who Intentionally Hurt My Child?
Yes, and the legal stakes—and potential compensation—are significantly higher. When harm is intentional, such as in cases of assault, battery, or violent acts, Texas law allows for the recovery of punitive damages (also called exemplary damages) under Texas Civil Practice & Remedies Code § 41.003. Unlike compensatory damages that cover medical bills, pain, and suffering, punitive damages are awarded “to punish the defendant” for particularly egregious conduct and to deter similar behavior in the future. These damages are awarded “above and beyond” what it takes to make your child whole and can substantially increase the total recovery.
The Strategic Pursuit of Punitive Damages
Punitive damages are not automatic. They require clear and convincing evidence that the defendant’s actions were fraudulent, malicious, or grossly negligent. This is a higher legal standard, demanding an attorney with proven trial experience. Insurance policies often exclude coverage for intentional acts, meaning we must pursue the perpetrator’s personal assets. This requires sophisticated financial investigation. Ralph Manginello’s 25+ years of litigation experience includes cases where we have successfully pursued and secured punitive awards, sending a powerful message that harming a child carries severe consequences. As client Jamin Marroquin noted about Ralph’s approach: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.” That tenacity is critical when facing an intentional wrongdoer.
Can I Sue the Parents of a Child Who Hurt My Child?
In certain circumstances, yes. Texas law can hold parents legally and financially responsible for the harmful actions of their children, primarily under the doctrine of negligent supervision or through the Texas Family Code’s provisions for parental liability for a child’s willful and malicious conduct (Texas Family Code § 41.001).
Negligent Supervision Claims in Texas
This is the most common path. The claim is not against the child, but against the parents for failing to exercise the care a reasonable parent would under similar circumstances. For example, if a parent leaves young children unsupervised with access to dangerous items (like fireworks, a swimming pool, or a BB gun) and a child is hurt, the supervising parent may be liable. Similarly, if a parent knowingly allows their aggressive teen to host a party where alcohol is served and a fight breaks out, liability may attach. The key is proving the parent knew or should have known of the need for supervision and failed to provide it.
Why These Cases Require a Skilled Houston Child Injury Lawyer
These cases are emotionally charged and fact-intensive. Insurance companies for the parents will aggressively argue that the incident was just “kids being kids” or an unavoidable accident. Our team at Attorney911, with deep Houston roots and experience across Harris, Fort Bend, and Montgomery Counties, knows how to build a compelling case. We gather evidence from schools, witnesses, and social media to establish patterns of behavior and knowledge. Our former insurance defense attorney, Lupe Peña, understands how these arguments are crafted from the other side, allowing us to anticipate and counter them effectively. Don’t let another parent’s carelessness go unanswered. Contact Attorney911 at 1-888-ATTY-911 for a free, confidential consultation to discuss your options.
The Unthinkable: Civil Lawsuits for Child Sexual Abuse in Texas
Yes, of course you can and should pursue a civil lawsuit. A criminal prosecution, while vital for justice, does not compensate your family for the immense trauma and financial burden. Criminal cases focus on punishing the perpetrator with jail time; civil cases focus on making your child whole and providing the resources needed for long-term recovery. Even if the abuser is convicted, a civil lawsuit is a separate action to recover damages for therapy, mental health services, medical treatment, and the profound pain and suffering endured.
Protecting Your Child’s Privacy During Litigation
We understand the paramount need for sensitivity and privacy. At Attorney911, we can often file these lawsuits using pseudonyms or under seal to protect your child’s identity from public court records. Our compassionate team, including bilingual staff like Zulema, ensures you are supported in your preferred language. The civil process also allows for discovery—compelling the defendant and other entities (like schools, churches, or organizations) to produce documents and answer questions under oath, which can uncover systemic failures and hold all responsible parties accountable.
Recovering Critical Compensation for Healing
In a civil sexual abuse case, parents can recover damages for the cost of their child’s past and future therapy, any income lost while caring for their child, and the child’s own pain, mental anguish, and reduced future earning capacity. Critically, punitive damages are also available in these cases, designed to punish the perpetrator and deter others. As Lupe Peña emphasizes, “We leave no stone unturned in identifying every source of compensation, whether from the perpetrator’s assets, homeowner’s insurance, or liable third parties.” You are not alone in this fight. Our firm handles these cases with the utmost discretion and fierce determination. Call 1-888-ATTY-911; we are here to listen and help you navigate this difficult path.
Car and Truck Accidents: When Your Child Is Injured on Texas Roads
Yes, you have the right to sue the at-fault driver. A child’s status as a minor does not diminish their right to full compensation after a car, truck, or 18-wheeler accident. Texas is a fault-based insurance state, meaning the driver who caused the crash is financially responsible for the resulting harms.
Wrongful Death of a Child
If the unthinkable happens and you lose a child in a crash, Texas law allows certain family members to file a wrongful death lawsuit (Texas Civil Practice & Remedies Code § 71.004). This lawsuit seeks damages for your mental anguish, loss of companionship, and, in some cases, lost future financial support. These cases are especially compelling when the driver was under the influence of alcohol or drugs, was distracted by texting, or exhibited other grossly negligent behavior that may support punitive damages.
Compensation for Non-Fatal Injuries
Even for “minor” injuries, a lawsuit is crucial. Children may not fully express their pain, and what seems minor can have long-term developmental consequences. Compensation covers medical expenses (ambulance, ER, follow-up care, physical therapy), your child’s pain and suffering, mental anguish, and any disfigurement or physical impairment. It also reimburses you for your out-of-pocket costs and lost wages. Our firm has a proven track record in trucking cases: “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Battling the Insurance Company from Day One
After an accident, the other driver’s insurance company will contact you quickly. They may seem friendly and offer a quick settlement. This is a tactic. As Lupe Peña warns from his defense-side experience, “Early offers are always lowball offers. They’re banking on your stress and desire to move on.” They may also seek a recorded statement to trap you or your child into saying something they can use to reduce liability. Our advice: Do not speak to them. Direct them to Attorney911. We handle all communication, investigate the crash (obtaining police reports, black box data, witness statements), and calculate the true long-term value of your child’s claim. We prepare every case as if it’s going to trial because that’s how we secure maximum settlements. Dial 1-888-ATTY-911 now to put a barrier between your family and the insurance adjusters.
School Bus Accidents: Overcoming Sovereign Immunity in Texas
Many parents mistakenly believe they cannot sue a public school district or its employees. This is not necessarily true. While the doctrine of sovereign immunity in Texas provides government entities with some protection, it is not an absolute bar to lawsuits, especially in cases involving school bus accidents.
Navigating the Texas Tort Claims Act
The Texas Tort Claims Act (Texas Civil Practice & Remedies Code Chapter 101) allows lawsuits against government units, including school districts, but with specific limitations and caps. Liability is generally limited to cases where the injury arises from the “operation or use” of a motor-driven vehicle (like a school bus) and was caused by a government employee’s negligence acting within the scope of their employment. There are also damage caps, but a skilled attorney can identify strategies to maximize recovery within this framework.
Identifying All Responsible Parties
Our investigation extends beyond the school district. We examine the bus manufacturer for defective parts, the maintenance company for negligent repairs, and other motorists who may have caused the crash. Our involvement in complex, multi-party litigation like the BP explosion case has equipped us to manage intricate cases with multiple defendants. As client Donald Wilcox, who came to us after another firm rejected his case, shared: “I got a call to come pick up this handsome check.” We explore every avenue. If your child was hurt on a school bus, do not accept the district’s initial denial. Call Attorney911 at 1-888-ATTY-911. Let us analyze the facts and fight for the compensation your child needs.
Why You Need a Specialized Texas Child Injury Lawyer—Not Just Any Attorney
Child injury law is a specialized field. It requires an understanding of pediatric medicine, child development, future care needs, and the unique tactics insurance companies use against young claimants. At Attorney911, this is our core expertise.
The Attorney911 Difference: A Blend of Experience and Insider Knowledge
Ralph Manginello’s 25+ Years of Trial-Tested Leadership: Admitted to the Texas Bar in 1998 and the federal bar for the Southern District of Texas, Ralph brings a level of experience that commands respect. From his Houston roots in Memorial to his federal court experience, he knows Texas law inside and out. He leads a team that is passionate, communicative, and relentless. As client Glenda Walker said, “They make you feel like family… They fought for me to get every dime I deserved.”
Lupe Peña’s Insurance Defense Insider Advantage: This is our firm’s critical edge. Lupe didn’t just learn how to fight insurance companies—he learned how they think. He spent years at a national defense firm calculating claim values, hiring IME doctors, and developing strategies to minimize payouts. Now, he uses that insider knowledge against them. He knows the true value of a claim and won’t be lowballed. As he says, “We know their playbook because we ran it.”
Proven Multi-Million Dollar Results: Our results speak for our commitment. From the “multi-million dollar settlement” for the logging brain injury to the “significant cash settlement” for the maritime back injury, we have a history of securing life-changing compensation. We are currently litigating a $10 million lawsuit against the University of Houston and a fraternity, demonstrating our willingness to take on powerful institutions.
Client-Centered Communication: You are never just a case number. Our paralegals, like Leonor who is mentioned in 80+ client reviews, ensure you are updated every 2-3 weeks. As client Chad Harris put it, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
The Contingency Fee: Access to Justice Without Financial Risk
We work on a contingency fee basis: we advance all costs of litigation, and you pay us nothing unless we win money for you. Our standard fee is 33.33% of the recovery before a lawsuit is filed, and 40% if a lawsuit must be filed. This aligns our success completely with yours. There is no financial barrier to getting the best representation for your child.
Immediate Steps to Take If Your Child Is Injured in Texas
- Seek Immediate Medical Attention: Your child’s health is the priority. Even if injuries seem minor, get a professional evaluation. Some injuries, like traumatic brain injuries, have delayed symptoms.
- Document Everything: Take photos of the scene, your child’s injuries, and anything that contributed to the incident. Keep a journal of your child’s pain, symptoms, and how the injury affects their daily life and your family.
- Preserve Evidence: Keep the clothing they were wearing, and any damaged property (like a broken bicycle).
- Do NOT Give Statements: Do not provide a recorded statement or sign any documents from the at-fault party’s insurance company without consulting an attorney.
- Contact a Specialized Child Injury Lawyer Immediately: Time is critical. Evidence fades, memories blur, and Texas has a two-year statute of limitations for personal injury lawsuits (Texas Civil Practice & Remedies Code § 16.003). For children, this deadline is usually tolled until they turn 18, but you should not wait. Starting an investigation immediately is crucial.
Frequently Asked Questions About Texas Child Injury Lawsuits
What if my child is partially at fault for the accident?
Texas follows the “modified comparative fault” rule. Your child’s compensation can be reduced by their percentage of fault. However, a skilled attorney will vigorously challenge unfair attempts by insurance companies to blame a child. Furthermore, if your child is found to be 51% or more at fault, they cannot recover. We work with accident reconstruction and human factors experts to build a strong liability case for your child.
How long will my child’s injury lawsuit take?
Every case is unique. Simple cases with clear liability and resolved injuries may settle in 6-12 months. Complex cases involving severe injuries, disputed liability, or multiple defendants can take 2-3 years or more. We prepare every case for trial to maximize leverage, but most cases settle during the litigation process. We will give you an honest timeline based on the specifics of your case.
What if the person who hurt my child has no insurance?
We explore all avenues for recovery. This includes making a claim under your own automobile insurance’s Uninsured/Underinsured Motorist (UM/UIM) coverage if it was a car accident. We also investigate other potentially liable parties (like employers, property owners, or product manufacturers) who may have deeper insurance policies.
Will my child have to testify in court?
The vast majority of cases settle before trial. If your case is among the small percentage that goes to trial, we work extensively with child psychologists and our own team to prepare your child in an age-appropriate, trauma-informed manner. Our goal is always to secure justice with the least possible stress on your child.
What types of compensation can my child recover?
Compensation (damages) can include: past and future medical expenses, past and future physical pain and suffering, past and future mental anguish, physical impairment, disfigurement, and lost earning capacity in the future. As parents, you may recover your past and future loss of your child’s services, companionship, and your own mental anguish in wrongful death cases.
Why should I choose Attorney911 over other Texas law firms?
Our combination of Ralph Manginello’s 25+ years of lead trial experience, Lupe Peña’s unique insurance defense insider knowledge, a track record of multi-million dollar results, and a client-centered approach documented in 251+ Google reviews (4.9 stars) sets us apart. We are not a settlement mill. We are trial-prepared litigators who fight for maximum compensation. As Houston celebrity Trae Tha Truth has recommended us, and client Jacqueline Johnson noted: “So if he is vouching for them then I know they do good work.” We are deeply rooted in the Houston community and serve clients across Texas from our offices in Houston, Austin, and Beaumont.
Your Child’s Future Is Worth Fighting For—Call Attorney911 Today
The aftermath of a child’s injury is a difficult journey, but you do not have to walk it alone. The legal system is complex and adversarial, especially when facing well-funded insurance companies or institutions. At Attorney911, we shoulder that burden for you. We investigate, we negotiate, and if necessary, we litigate with the full force of our experience and resources. Let us handle the legal battle while you focus on your child’s recovery.
If your son or daughter has been injured by the negligence or intentional act of another in Texas, time is of the essence. Contact the Legal Emergency Lawyers™ at Attorney911 for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain your legal options clearly. Hablamos Español. We are available 24/7 for your legal emergency.
Call us now at 1-888-ATTY-911 (1-888-288-9911) or visit our website at attorney911.com. Let us be the advocate your child deserves.
Frequently Asked Questions
Can I sue if an adult accidentally hurt my child in Texas?
Yes. Even if the harm was unintentional, you can file a lawsuit on your child’s behalf if the adult’s actions were negligent or careless. Your child is entitled to the same compensation as an adult, and you may recover your own related expenses.
What are punitive damages in a Texas child injury case?
Punitive damages are extra monetary awards intended to punish a defendant for particularly egregious or intentional conduct, like abuse or gross negligence. They are awarded on top of compensation for medical bills and pain and suffering.
Can I sue the parents of a child who injured my child?
In many cases, yes. Texas law can hold parents financially responsible if their negligent supervision contributed to the incident, or in certain cases of a child’s willful and malicious acts. A skilled attorney can investigate the specific circumstances.
How does a civil lawsuit help if my child was sexually abused?
A civil lawsuit is separate from criminal charges and focuses on securing financial compensation for therapy, medical care, pain and suffering, and future needs. It can also hold responsible institutions accountable and often allows for confidential filing to protect your child’s privacy.
What if my child was hurt in a school bus accident? Can I sue the school district?
Yes, it is possible. While sovereign immunity protects government entities like school districts, the Texas Tort Claims Act allows lawsuits for negligence involving motor vehicles. An experienced attorney can navigate these complex rules to seek compensation.
Why is Attorney911 different from other personal injury firms for child injury cases?
Attorney911 combines Ralph Manginello’s 25+ years of trial experience with Lupe Peña’s insider knowledge from working for insurance defense firms. We have a proven record of multi-million dollar results and a client-centered approach, ensuring aggressive, informed representation for your child.
