Other injury cases
Dallas child injury lawyer.
When your child is hurt because an adult or a business did not do its job, you want answers and you want them protected. Texas gives children extra time to bring their own claim, but the evidence does not wait: daycare video is erased, witnesses move, and claims against a school district can require notice within months. We act early, deal with the daycare, school or insurer for you, and make sure any money recovered is held safely for your child under court supervision.
Right now
If your child was just hurt.
- 01
Get your child checked
Children often cannot describe what hurts. See a doctor after any fall from a height, head bump, burn, bite or crash, and follow up if their behavior, sleep or appetite changes.
- 02
Ask for the incident report in writing
Daycares, schools and businesses usually write one. Ask for a copy, the names of staff present, and that any video be kept.
- 03
Photograph injuries and the place
Take photos of the injury as it heals, the equipment, the area, and any broken gate, missing padding or unsafe condition.
- 04
Write down what your child says
In their own words, with the date. Do not push for details. Let them talk when they are ready.
- 05
Call us before signing anything
A release from a daycare or a quick offer from an insurer can affect your claims. The consultation is free, in English or Spanish.
Key deadlines and numbers
- The child's own deadline
- Usually does not start until age 18, then generally 2 yearsSource: Tex. Civ. Prac. & Rem. Code 16.001
- Parents' claim for medical bills
- Belongs to the parents and generally runs 2 years from the injury, not age 18Source: Tex. Civ. Prac. & Rem. Code 16.003
- Public school district
- Liability generally limited to injuries from the use of a motor vehicle, like a school busSource: Tex. Civ. Prac. & Rem. Code 101.051
- Notice to a government entity
- Written notice often within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
- Settlement for a child
- Must be approved by a court; money is usually held in a trust or the court registrySource: Tex. Prop. Code ch. 142
Texas law
How Texas treats injuries to children.
A child's injury claim follows the ordinary negligence rules: someone had a duty to keep the child reasonably safe and failed. The differences are who owns which claim, how long each one lasts, and how a court protects the child's money.
| Where | Who may be responsible |
|---|---|
| Daycare | The center and its owner, for poor supervision, unsafe ratios, untrained staff or unsafe equipment. |
| Public school or school bus | The district, mostly for bus and vehicle injuries; other drivers involved in a bus crash. |
| Private school, camp or youth program | The school or organization, for supervision, hiring and safe premises. |
| Playground, pool, apartment complex or store | The property owner or manager, for broken equipment, missing fences or gates, or hazards they knew about. |
| Car crash | The at-fault driver and their insurance, and sometimes a car seat or vehicle maker. |
| Defective toy or product | The manufacturer, and in some cases the seller or importer. |
Two claims, two clocks
The child's claim for pain, scars and future losses waits until 18. The parents' claim for the medical bills they paid before 18 usually does not wait, and generally must be filed within two years. Waiting on one can lose the other.
Source: Tex. Civ. Prac. & Rem. Code 16.001A waiver usually does not erase a child's claim
Daycares, gyms and parties often ask parents to sign a release. Texas courts have generally refused to let a parent's signature give up the child's own injury claim, especially when the business was careless.
Public schools have strong protections
Under the Texas Tort Claims Act, a public school district can usually be sued only for injuries from the use of a motor vehicle, with damage limits. Playground and classroom injuries at public schools are often barred, which makes early review important.
Source: Tex. Civ. Prac. & Rem. Code 101.023The court protects the money
A child cannot sign a settlement. A judge reviews it, often with a guardian ad litem appointed to look out for the child, and the money is placed in a trust, a structured settlement or the court registry until the child is older.
Source: Tex. Prop. Code 142.005How we work
How we build a child injury case.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him and keeps your family updated in English or Spanish, and we keep your child's involvement as light as possible.
01
Preserve the video and reports
Letters go out right away to keep daycare, school, store and bus camera footage, incident reports, staff schedules and sign-in sheets.
02
Check the licensing history
Texas inspects licensed child care operations. Prior citations for supervision, ratios or background checks can show the problem was known.
03
Meet every government deadline
When a school district, city or county is involved, we send the required written notice early and check whether immunity applies.
04
Look at the long term
Children grow. Scars, growth plate fractures and head injuries can affect them for years, so we work with their doctors before valuing the claim.
05
Settle with court approval
When a fair offer comes, we present it to the court, answer the guardian ad litem's questions and set up a trust or structured payments for your child.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”Questions parents ask us.
- Who pays the doctor now?
- Your health insurance, Medicaid or CHIP, PIP in a car crash, or the business's medical payments coverage. Medicaid and CHIP may ask to be repaid from a settlement, and we handle that.
- Can I use the money for my child's needs now?
- Medical bills you paid can be reimbursed to you. The child's own money is usually protected until adulthood, and spending from it often needs court permission.
- Should I report the daycare?
- You can report a licensed child care operation to Texas Health and Human Services. A report is separate from your claim and can protect other children.
- Do we need papers to make a claim?
- If someone else caused your child's injury, you can make a claim. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
Child injury cases in Dallas and Odessa.
Our Oak Cliff office handles cases involving daycares, apartment complex pools and playgrounds, school bus crashes and car crashes across Dallas County. Our Odessa office handles cases in Ector and Midland counties. When a district such as Dallas ISD or Ector County ISD is involved, we check the notice and immunity rules right away. Settlements for children are approved by the court where the case is filed, and we handle those hearings.
FAQ
Questions people ask.
How long do I have to file for my child's injury in Texas?
The child's own claim usually does not expire until two years after their 18th birthday. Your claim as a parent for medical bills generally must be filed within two years of the injury, and government claims can need notice within months. Medical malpractice has different rules.
Can I sue a daycare if I signed a waiver?
Often, yes. A waiver signed by a parent generally does not give up the child's own claim, and it does not excuse a daycare that failed to supervise. We review the exact document.
Can I sue a public school for a playground injury?
Usually not. Texas school districts are generally immune except for injuries from motor vehicles like school buses. There may be other responsible parties, such as an equipment maker or a contractor, so it is worth a review.
Why does a judge have to approve my child's settlement?
Because the child cannot agree to it, and the law wants to make sure the amount is fair and the money is protected. The hearing is usually short, and we prepare you for it.
My child was hurt in a car crash. Do the same rules apply?
The claim is against the at-fault driver's insurance like any crash, but the child's deadline and the court approval rules still apply. If you were driving, your own policy may also pay.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. In a child's case, the court also reviews the fee. We explain the exact terms, including case costs, before you sign.
Related situations
- Dog bites
- Swimming pool accidents
- Brain injuries
- Child sexual abuse claims
- Car accidents
- Defective products
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Oak Cliff and Odessa.
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Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.