Can I Sue for Personal Injury on Behalf of My Child?
- Posted on: Jun 15 2019
If your child has been injured, the first thing you want to do is make certain they’re okay. You want to focus on your little one being as comfortable as possible while they recover. Once you know they’re going to be okay, though, you may start to think about receiving compensation for their injury. As long as your child is under age 18, they are legally unable to sue for personal injury, but that doesn’t mean the responsible party will get off without paying for damages. A child still has a right to receive compensation for their pain and suffering due to negligence.
What Compensation Can You Receive?
When filing for personal injury on behalf of your child, you can file for the same compensation as an adult. This includes medical expenses, pain and suffering, and rehab costs. You can also file for any lost wages you incurred because you (or your spouse) had to take a leave of absence from work to care for your child.
Establishing liability in a personal injury case involving children may be different from cases involving adults if the injury was caused by a child. When that’s the case, the standards that are used to determine negligence and responsibility differ by age. A teenager, for example, is likely to be held more accountable than a young child because they are more capable of understanding their responsibilities and actions. It’s also important to note that children have little to no money, so you’re typically going to also be suing their parents, which means you will have to be able to show that the parents were legally responsible for the child’s actions.
Suing a Business or Organization
When suing a business, organization, or even a school on behalf of your child, the case is generally a little less complex because it’s easier to determine responsibility and negligence. You’re not dealing with a minor or required to show that the parent was responsible for the child’s action, so it’s more similar to an adult suing for negligence. The case is often made more difficult, though, because the defendant is going to try to show that your child was acting inappropriately. In these cases, it always helps to have as much evidence as you can, especially evidence that shows your child was doing nothing wrong.
This is where having an experienced attorney from Held & Hines is vital. Our team will fight for the compensation you and your child deserve. Contact us today to discuss your case.