Can a child bring a claim for damages (or a lawsuit) if he or she was injured in an accident caused by the child’s parent?
Yes. Generally, when children are injured in accidents caused by their parents, the child has to, in effect, sue their own parent. Our civil justice system is designed to hold accountable those who have caused harm to another, even if the harm was caused by a parent (or a spouse or a sibling or any type of relative). Of course, in cases like these, the claim is really against the insurance company, but overcoming the hurdle of suing a parent or family member is a difficult one for many people. The goal, however, is simply to obtain necessary compensation for medical expenses, cost of care, pain and suffering and other damages caused by the accident.
Obviously, these can be extremely emotional cases, and if you are in a situation like this, I am available for a free, confidential consultation. Because I have five children myself, I understand the anguish parents feel in situations like this. I also know that, if at all possible, these feelings of guilt and anger need to be put aside for the good of the child, and the at-fault parent needs to understand that the lawsuit is not a personal assault, but a necessity to obtain the compensation necessary to take care of the child’s needs.
In situations like these, after the lawsuit is filed against the parent, the parent’s insurance company takes care of all litigation matters and negotiations for the at-fault parent. As your child’s attorney, I would negotiate with the insurance company on behalf of the child and take the case to trial if necessary.
Attorney Eric Hageman helps families get back on their feet after life-changing accidents. He can be reached at 1-888-377-8900 (toll free) or by submitting our free consultation form. Eric has been given the highest rating by Martindale-Hubbell for an attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
