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Can a Child Sue their Parents for Car Accident Injuries?

By Kaufman and Stigger on

While it may seem crazy, it is possible for a child to sue their own parent for injuries sustained in a car accident. It gets better, by law, a child must have a guardian—usually a parent—sue on their behalf while they are a minor. So essentially, a parent might have to sue themselves to get their child’s injuries compensated.

One Woman Dead, Child Injured in Head-On Collision

On Saturday, December 7, 2019, a Dodge Charger crossed over the centerline of Westport Road and hit a Ford Explorer traveling in the opposite direction. The driver of the Charger was killed, and a 14-year-old child was injured in the crash.

The driver of the Explorer was also injured. Police say that the crash is still under investigation, and it’s unclear why the driver of the Charger crossed the center line.

Responsible for your own Negligence

By law, each person is financially responsible for their own negligent actions if they cause another person or their property any damage. This is true no matter who the person injures. While we don’t know the relationship between the woman driver of the Charger and the 14-year-old child that was injured, if it turns out that she was negligent, then she will legally owe compensation to that child—even if it was hers.

Compensation

The insurance company has to pay out for all damages done by their insured up to the policy limits if their insured was negligent. So the next question is, will their insurance policy pay for injuries to their own child?

In most cases yes. This means that the injured child might have to sue their own parents. While this will naturally make some people uncomfortable, the parent has to think about what’s best for their injured child. After all, that’s what insurance is for—to pay for the injuries and damages done by the injured person.

Making a Child Injury Claim

Kentucky law allows a child to make a claim against their own parent for injuries sustained in an accident. The child will need to have a guardian either chosen or appointed by the court to present the lawsuit. In many cases, the other spouse can be that guardian, or the court can appoint someone.

Before the case goes to a trial, Kentucky law requires that the parties attempt to settle. If the settlement efforts fail, then the case will have to go to trial. While this understandably makes many people uncomfortable, the alternative is to not get compensation for the child’s injuries.

Statute of Limitations

At one year from the date of the injury, Kentucky has one of the shortest personal injury statutes of limitations in the country. However, when a minor is injured, that one year doesn’t start until the child turns 18. This gives the child some extra time to seek compensation.

Contact a Personal Injury Attorney Today

Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.

Talk to a Louisville Personal Injury Attorney you can trust to be on your side and get you what is yours under the law.The attorneys at Kaufman &  Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.

 

 

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