When someone is hurt in an accident, they can file a personal injury lawsuit against the individual who caused the event. If an adult’s minor kid is hurt, the parent has the right to launch a lawsuit on their behalf. What happens, though, when an adult child files a personal injury lawsuit on behalf of their parent? While you should consult with a personal injury lawyer to help you manage this potentially complicated issue, we have summarized some of the key facts concerning these instances below.
The consequences of a child filing a personal injury claim
You may have heard that minors cannot pursue personal injury lawsuits, and this is correct. They will not be able to launch a personal injury claim on their own in such situation. Of course, the youngster, like an adult, has a right to be paid for their injuries. It would just be their parent’s responsibility to bring the case on their behalf. In other areas, a court must sign off before a parent may do so.
A child can, however, bring a personal injury claim on behalf of their parent if the child is not a juvenile but is over the age of 18. For example, if the parent has given the adult child power of attorney, the adult child might bring a personal injury lawsuit on the kid’s behalf. If the court has granted the kid power of attorney, they will be able to file the case as well.
A kid can also bring a personal injury case if their parent is wounded to the degree that they are unable to make decisions for themselves. This might be the case if the parent was made incapable of making their own decisions as a result of the accident’s damage, or if they were already in that state when the accident occurred. In that instance, the kid would first apply to the California courts for guardianship of the parent. After the judge has appointed them as such, they can bring the lawsuit on behalf of their parent.
Your personal injury lawyer can assist you in making the best decision possible
You will need the assistance of a personal injury attorney in this sensitive and sophisticated circumstance. We are proud of our 30+ years of expertise working with clients just like you at the Law Offices of Fernando D. Vargas. We can look at the big picture of your case, weigh the facts, and come up with the best solution for everyone concerned.
Your initial consultation is completely free of charge. If we accept your case, it will be on a contingency basis, which means you will not owe us any legal fees unless and until we win your case. What happens if we don’t come out on top? You owe us nothing if this is the case. To get started, dial 909-982-0707 right now.
