When a child gets hit by a car, parents expect fair compensation for medical bills, pain, and future needs. But can a child be denied a settlement? Texas law allows children to seek compensation, but certain factors can reduce or block a claim.
How fault impacts a child’s claim
Texas follows a modified comparative fault rule. If a child holds more than 50% responsibility for the accident, they lose the right to recover damages. Insurance companies may argue that the child ran into traffic or ignored signals. However, younger children rarely bear fault because of their age and limited ability to judge danger.
Parental liability in child injury claims
Parents may also face questions about their supervision. If an unsupervised child was near a busy road, insurers may argue that parental negligence contributed to the accident. However, the law considers a child’s age and ability when determining responsibility. Courts may still award damages even if a parent failed to supervise closely.
Insurance tactics to reduce settlements
Insurance companies often try to lower payouts. Insurers often delay the process, argue the injuries existed before, or challenge medical costs. Some may pressure parents into quick settlements before the full impact of the injuries is known. Accepting an early offer can limit future compensation for long-term medical needs.
Steps to strengthen a child’s claim
To improve the chances of receiving fair compensation, keep medical records, witness statements, and accident reports. Understand how insurers might use recorded statements before providing them. Parents can take legal action if an insurer refuses a fair settlement.
Texas law allows injured children to seek compensation, but significant challenges can prevent full recovery. Parents must be proactive in understanding the necessary steps to secure the compensation their child deserves.