Find a school injury lawyer in Midland: Midland ISD claims, insurance and deadlines

Midland ISD says it does not pay first when a student is hurt. It offers a secondary policy through Texas Kids First, and you report the injury to Risk Management. A Texas school district can be sued only for motor vehicle injuries. Notice is due in 6 months.

Last checked November 9, 2026 · Official sources (27)

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Road map of central Midland showing Wall Street and Big Spring Street near the Midland ISD offices on West Missouri Avenue
Midland ISD's accident policy is secondary, with a 90 day window. Map data © OpenStreetMap contributors.

How does Midland ISD handle a student injury?

It points you to insurance, not to the district. Midland ISD says it does not bear primary responsibility for a student's medical costs after an accident. It offers a secondary policy through Texas Kids First, and the insurance company decides what it covers.

To start, contact the district's Risk Management Department to report the injury. The district is at 615 W. Missouri Ave., 432-240-1000.

Midland High's athletic insurance page explains the order. Claims go first to your own insurance, and the school policy is a supplement. It gives a 90 day window to file with the school insurer, and says coverage is much less likely after that. Treat 90 days as a hard line, even though that page is for one campus.

Can I sue Midland ISD if my child was hurt at school?

Rarely. The Texas Tort Claims Act reaches school districts only for motor vehicles. A vehicle claim is capped at $100,000 per person and $300,000 per occurrence.

What happenedWho may be responsibleRule to know
A Midland ISD bus or vehicle crashThe districtNotice in 6 months. Report vehicle accidents to Transportation, (432) 240-1700, and MISD Police, (432) 240-1050.
A fall, playground or classroom injuryUsually insurance, not a lawsuitThe district is generally immune except for vehicles.
A teacher's use of excessive forceThe teacher may be suedA professional employee is not personally liable, except for excessive force or negligence causing bodily injury.
A charter schoolThe charter schoolImmune to the same extent as a school district.

Before suing a professional employee of a school district, Texas requires written notice at least 90 days ahead. If the district actually knew about the injury, formal notice may be excused.

What should I do after my child is hurt at school in Midland?

  1. Get your child care first. Midland Memorial's emergency department holds Level 3 trauma status.
  2. On the same day, ask the school for its written incident report.
  3. Report the injury to Midland ISD Risk Management and ask for the accident insurance forms.
  4. File with your own health insurance first, then the school policy, inside 90 days.
  5. Request your child's school records. The district must respond within 45 days.
  6. Call MISD Police at (432) 240-1050 if you believe a crime was involved.

What if my child was hurt at a Midland daycare?

Daycares are private, so the rules differ. A Texas child care operation must tell parents right away after an injury that needs treatment from a health-care professional or hospitalization.

  • Texas inspections are unannounced, at least once a year.
  • Inspection reports for each operation are available online.
  • A Texas daycare must carry $100,000 per occurrence, or tell parents in writing that it does not.

To report suspected abuse, call the Texas Abuse and Neglect Hotline at 1-800-252-5400, open 24 hours.

How long do I have to sue after a school injury in Midland?

Two years for most claims. That clock does not run while the child is under 18. The government notice is different. It is due in 6 months, and being a minor does not pause it.

If your child was more than 50 percent at fault, Texas bars recovery. Ask a lawyer how the shorter notice and the longer lawsuit deadline fit together in your case.

Questions

Does the district pay my child's hospital bill?

Not first. Midland ISD says it does not bear primary responsibility, and its policy is secondary.

Who reports a crime at a Midland school?

MISD Police handle campus calls. Their dispatch number is (432) 240-1050.

Where would a lawsuit be filed?

A suit over a school injury is filed with the Midland County District Clerk at 500 N. Loraine, Suite 300, 432-688-4500.

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Sources (27)

  1. Midland ISD Risk Management, checked 2026-11-09. “In the event of a student accident, MISD does not bear primary responsibility for covering medical treatment costs.”
  2. Midland ISD Risk Management, checked 2026-11-09. “We offer a secondary insurance policy through The Texas Kids First program, where guardians can submit necessary documents for review.”
  3. Midland ISD Risk Management, checked 2026-11-09. “To initiate this process, contact the Risk Management Department to report the injury.”
  4. Texas Civil Practice and Remedies Code 101.051, checked 2026-11-09. “Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.”
  5. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  6. Midland High School Athletic Insurance, checked 2026-11-09. “There is a 90 day window to file a claim with the school insurance program on a student injury.”
  7. Midland High School Athletic Insurance, checked 2026-11-09. “any claims are first filed on your insurance”
  8. Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
  9. Midland ISD, checked 2026-11-09. “Midland ISD 615 W. Missouri Ave. Midland TX 79701 432-240-1000”
  10. Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence”
  11. Midland ISD Risk Management, checked 2026-11-09. “Any MISD Vehicle accident must be reported to The Transportation Department (432) 240-1700 and the MISD Police Department (432) 240-1050.”
  12. Texas Education Code 22.0511, checked 2026-11-09. “A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties”
  13. Texas Education Code 22.0511, checked 2026-11-09. “except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students”
  14. Texas Education Code 12.1056, checked 2026-11-09. “is immune from liability and suit to the same extent as a school district”
  15. Texas Education Code 22.0513, checked 2026-11-09. “Not later than the 90th day before the date a person files a suit against a professional employee of a school district”
  16. Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice”
  17. Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
  18. eCFR, 34 CFR 99.10, checked 2026-11-09. “but not more than 45 days after it has received the request”
  19. Texas HHSC, Minimum Standards for Child-Care Centers, 746.307, checked 2026-11-09. “Is injured and the injury requires medical treatment by a health-care professional or hospitalization”
  20. Texas Health and Human Services, checked 2026-11-09. “CCR conducts unannounced inspections at licensed operations at least once per year”
  21. Texas Health and Human Services, checked 2026-11-09. “Reports on every inspection are available online”
  22. Texas Human Resources Code 42.049, checked 2026-11-09. “maintain liability insurance coverage in the amount of $100,000 for each occurrence of negligence”
  23. Texas HHSC, Minimum Standards for Child-Care Centers, checked 2026-11-09. “Texas Abuse and Neglect Hotline 1-800-252-5400”
  24. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  25. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  26. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  27. Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”

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