What Is the Statute of Limitations for Child Injury Lawsuits in Texas?

Does the Statute of Limitations Apply No Matter Where My Child Was Hurt?

The short answer is yes. The two-year deadline applies regardless of where your child was injured. This includes preventable injuries that happen at places like:

• Amusement parks, trampoline parks, or family event centers
• Daycare centers and preschools
• Local businesses, parks, restaurants, or grocery stores
• Schools or after-school programs
• Summer camps

Whether your child was seriously injured from a fall at a playground, suffered an allergic reaction inside a grocery store, or was injured by an escalator at a local mall, serious injuries can happen in places where you least expect. When businesses and management companies drop the ball on prioritizing safety, your child could be seriously injured due to their negligence. 

Children can also be injured by negligent caregivers, like unqualified nannies or babysitters hired through an app. If a hired babysitter doesn’t properly supervise your child and keep them safe, resulting in an injury, you may have the right to take legal action and hold the digital platform or babysitting app accountable.

To begin moving forward on holding the negligent parties accountable, it is crucial to act before the two-year window ends.

If We Have Two Years, Why Is It So Important to Act Right Away?

At The Button Law Firm, we strongly recommend taking legal action by contacting a child injury attorney as soon as possible. Acting quickly is the best way to identify who’s responsible for your child’s injury and build a strong case for your family.

Most importantly, acting fast can help preserve evidence. Witnesses’ memories can fade quickly, and surveillance video can be automatically erased after a short period of time, or worse, deliberately deleted by staff trying to cover up the truth about your child’s injury.

Preserving evidence early on is incredibly important for the discovery phase of your lawsuit. (This is the legal process of sharing and exchanging evidence related to your child's case.) Discovery makes up the majority of your case, and this phase lasts from the moment we file your child injury lawsuit until the final steps before trial.

During discovery, our experienced child injury lawyers will work to uncover the truth through:

• Depositions: Taking the official, spoken testimony of the staff, owners, caregivers, managers, or witnesses involved in the case.
• Documents and Media: Exchanging incident reports, photos, and any surveillance videos related to your child's injury.
• Expert Testimony: Bringing in childcare and safety experts to review the evidence and explain how the facility failed to protect your child.
• Property Inspections: Sending professionals to examine the property where your child’s incident happened to uncover any safety hazards.
• Subpoenas: Putting in legal requests for hidden records, past citations, or documents from outside parties.
• Written Questions: Requiring the at-fault facility (or caregiver) and its staff to answer specific questions under oath and in writing.

By acting quickly, you allow our experienced child injury lawyers to step in, secure important evidence, and fight to hold the responsible party accountable for your child’s injury.

What Exceptions Change the Statute of Limitations for Child Injury Cases?

The two-year deadline is the standard rule in Texas, but there are some exceptions to be aware of for different child injury cases.

In cases involving sexual assault, continuous sexual abuse, or trafficking, the law gives 30 years after the child’s 18th birthday to file a civil lawsuit (meaning they can seek justice up until age 48).

In the heartbreaking event of a child’s wrongful death, the timeline shifts. While the statute of limitations is still two years, the clock starts on the day of the child’s passing.

Additionally, children technically have their own legal timeline for their personal pain and suffering. The law allows them to pause the clock on their claim until they turn 18, meaning they could potentially file a lawsuit themselves up until their 20th birthday. However, this pause doesn’t apply to claims or lawsuits brought by the parents. As a parent, your claim for your child’s medical bills and other healing expenses is typically subject to the standard two-year deadline. 

We strongly advise against waiting. Because this legal deadline is so strict, waiting to call our child injury lawyers means you could miss out on recovering any damages, including out-of-pocket medical costs you paid to help your child’s healing journey. Even when the law provides these extensions for your child, relying on them can be risky. We recognize these exceptions can be confusing, but our child injury lawyers are here to help answer any questions you might have. Contact us by calling 214-699-4409 or emailing us at intake@buttonlawfirm.com.

More Free Resources on the Statute of Limitations for Child Injury Cases in Texas

For more free resources, check out these articles that address the statute of limitations and the steps to take legal action for your child’s injury:

• Understanding Statute of Limitations in a Lawsuit Filed in Texas
• Texas Parents’ Guide to Child Injury Lawsuits and Negligence
• How Long Do I Have to File a Legal Claim in Texas? Understanding the Statute of Limitations.
• Why Hiring an Attorney Is Crucial After Your Child’s Serious Injury 

How Can The Button Law Firm Help My Family Take Legal Action After My Child Was Injured?

Our experienced and compassionate child injury lawyers at The Button Law firm are dedicated to advocating for you and your family if your child was seriously hurt anywhere in Texas. With offices in Dallas, Houston, and Midland, we are ready to help fight for your family and help you move forward. Our lawyers are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatic incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Contact us by calling 214-699-4409, emailing intake@buttonlawfirm.com, or filling out this contact form for a free case evaluation.