When a person is injured in an accident, they can file a personal injury lawsuit against the at-fault party. If an adult’s underage child is injured, the parent can file a case on their behalf. But what happens when an adult child files a personal injury case for their adult parent? While you should work with a personal injury attorney to navigate this potentially tricky, situation, we have outlined some of the facts about these cases below.
The Complications Involved in a Child Filing a Personal Injury Suit
You may have heard that children cannot file personal injury suits, and this is true – if the child is a minor. In that case, they cannot even file a personal injury lawsuit on their own behalf. Of course, the child does have a right to be compensated for their accident, just as an adult does. It would just fall on their parent to file the lawsuit on their behalf. Some states require that a judge signs off for a parent to do so.
However, a child can file a personal injury lawsuit if the child is not a minor but is over the age of 18 and is filling it on behalf of their parent. For example, if the adult child was named a power of attorney by the parent, then they could file a personal injury lawsuit on behalf of the child. If the child was appointed power of attorney by the court, then they would likewise be able to file the lawsuit.
The final situation in which a child can file a personal injury lawsuit is if their parent is injured to the point that they cannot make decisions for themselves. This may be the case if the parent was rendered unable to make their own decisions due to injuries from the accident, or if they were already in said state when the accident took place. In that case, the child would first seek guardianship of the parent from California courts. Once they have been appointed as such by the judge, they can then file the lawsuit on behalf of their parent.
Your Personal Injury Attorney Can Help You Make the Right Choice
This is a nuanced, complex situation in which you need the help of a personal injury attorney. At Law Offices of Fernando D. Vargas we are proud of our 30+ years of experience with clients just like you. We can take in the entirety of your case, consider the facts, and work to find the best choice for everyone involved.
Your initial consultation is free. If we decide to take on your case, it will be on a contingency basis that assures you do not pay us a cent for your legal costs until we win your case. What happens if we do not win? Then you do not owe us anything. Call now at 909-982-0707 to get started.
