Legally Reviewed by Kevin Henrichson on October 8, 2026
A child’s injury changes everything for a family in an instant. One moment your son or daughter is crossing a neighborhood street, playing at a friend’s house, or riding in the back seat, and the next you are in a hospital hallway trying to make sense of what happened. When someone else’s carelessness caused the harm, Texas law gives your family a way to hold that person or company accountable and to pay for the care your child needs now and in the years ahead.
Byrd Davis Alden & Henrichson, LLP is Austin’s oldest personal injury law firm, founded in 1959. Our Board Certified trial attorneys, Robert Alden and Kevin Henrichson, handle claims for children harmed by negligent drivers, property owners, product manufacturers, and caregivers, including the catastrophic injury cases that often follow a serious childhood accident.
⚠ Time-Sensitive: Two Deadlines May Apply to Your Family
Your child’s own claim is generally paused until age 18, but claims for medical bills you pay may carry a two-year deadline from the date of the injury.
Byrd Davis Alden & Henrichson, LLP has served Austin families for over 65 years. We handle child injury cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your family.
Common Causes of Child Injuries in Austin
Most serious childhood injuries trace back to an adult or business that did not take reasonable care. Children cannot always recognize danger, so the law expects the people around them to do more.
Each of these situations calls for a different investigation, and identifying every responsible party early protects your child’s claim.
Proving Who Is Responsible for Your Child’s Injury
To recover compensation, we must show that someone owed your child a duty of care, failed to meet it, and caused the injuries and losses your family has suffered. More than one party may share responsibility. Examples include a driver and their employer, a property owner and a property manager, or a manufacturer and a retailer.
Texas also recognizes the attractive nuisance doctrine. Under it, a property owner may be held responsible when a hazard on their land is likely to draw children in and the owner fails to take reasonable steps to protect them. Insurers sometimes argue that a child or parent shares the blame. Under Texas proportionate responsibility rules, shared fault may reduce the compensation available. Our guide to partial fault claims in Texas explains how this works.
Compensation in an Austin Child Injury Claim
A child injury case often involves two sets of damages, and Texas treats them differently. Some losses belong to your child, while others belong to you as the parent.
For catastrophic harm such as brain or spinal cord injuries, we work with treating physicians, life care planners, and economists to estimate the full lifetime cost of care. Many families are surprised to learn that a child’s settlement is not paid to parents to spend freely. Texas courts protect the money for the child’s benefit, as explained below.
Statute of Limitations for Child Injury Claims in Texas
The general deadline for a Texas personal injury lawsuit is two years. For a child, Section 16.001 of the Texas Civil Practice and Remedies Code pauses that clock while the injured person is under 18. In most cases, that means your child’s own claim must be filed before their 20th birthday.
| Claim Type | Filing Deadline |
|---|---|
| Your child’s injury claim | Generally two years after your child turns 18 |
| Parents’ claim for medical expenses | Generally two years from the date of injury |
| Wrongful death claim | Two years from the date of death |
Some claims carry stricter rules. Claims against a city, county, or public transit agency can require written notice much sooner than two years. Do not hesitate to reach out early, while evidence such as video footage, witness memories, and vehicle data still exists. Missing a filing deadline is permanent.
How Court Approval Protects Your Child’s Settlement
Because a minor cannot sign a binding settlement, Texas courts review any settlement involving an injured child before funds are released.
Our legal team guides families through every step, so you know what to expect from the first meeting to the final hearing.
Meet the Board Certified Attorneys Handling Austin Child Injury Cases
Our case results include a matter involving a three-year-old boy who suffered a serious brain injury when a Capital Metro bus collided with a Suburban in Northwest Austin. Bus crashes and other serious collisions involving children call for trial-ready preparation and a long view of a child’s future needs. Past results do not guarantee a similar outcome.
Why Austin Families Choose Byrd Davis Alden & Henrichson, LLP
U.S. News & World Report recognizes our firm as one of the Best Law Firms in the United States. You will not see us on billboards or television. Clients find us through referrals, past clients, and our reputation in Austin’s legal community. As true trial lawyers, we prepare every case as if it may go to court, which gives us leverage in settlement negotiations with insurance companies.
Frequently Asked Questions About Austin Child Injury Claims
Byrd Davis Alden & Henrichson, LLP brings more than 65 years of personal injury trial experience to every child injury case we accept. Our Board Certified attorneys, Robert Alden and Kevin Henrichson, and our recognition in Super Lawyers, Best Lawyers, and Best Law Firms reflect a long record of serving injured Texans.
If your child was hurt because of someone else’s negligence in Austin or anywhere in Texas, contact our team for a free consultation. We can review what happened, explain the deadlines that apply to your family, and help you decide on your next step.