As a Parent, Can You File a Personal Injury Lawsuit for Your Minor Child?
In most households, taking care of your child is of prime concern. Most parents are vigilant about protecting their health, well-being, and happiness.
Still, there is always a chance of them getting into trouble or being injured, no matter how hard we try to keep them safe.
Most assuredly, they will have accidents, and that’s expected, but if their injury is due to another person’s negligence, do you have legal options?
The simple legal answer is yes; if your child is injured due to another’s negligence, you may have the option to file a personal injury claim. In Ohio, you, as their parent, must instigate the process, but certain caveats to these cases could apply.
You, as their parent, like most other aspects of your minor child’s life, must file for them. However, the Ohio rules for civil procedure rule 17(b) clearly states that you, as the child’s parent (or legal guardian), can file a personal injury lawsuit on your child’s behalf.
In the Ohio courts, you would file the personal injury case with your skilled personal injury lawyer and represent them yourself, with the help of your lawyer; your minor child usually may never have to appear in court and go through this possibly arduous and stressful process.
You must note that although you are legally entitled to file a personal injury case for your child and seek the compensation they need and deserve, the Ohio court does handle these cases differently than adult personal injury lawsuits, and some differing rules and regulations apply. These cases can be legally complex, and the help of an experienced, skilled, and empathetic Mentor personal injury lawyer is mandatory.
What Are Some Differences When Filing a Personal Injury Case for a Minor?
Most courts, including those in Ohio, handle cases involving children differently than adult legal battles. The court will always attempt to keep the stress and anxiety of any court proceeding to a minimum for the child’s well-being. Also, they must always act in a manner that consistently does what’s in the child’s best interest.
The following are examples of just a few of the significant differences when dealing with a minor’s personal injury case and how you, as a parent, can resolve the case for them.
For example, a significant difference in filing for a minor’s personal injury case is in the statute of limitations. In adult personal injury cases, the statute of limitations to file is typically within 1-2 years of the injury incurred.
Depending on the circumstances of your case, when a minor child is involved, the “time limit” (or statute of limitations) does not even begin until the child’s 18th birthday. Let’s say the child is injured at 15 years of age; the statute of limitations clock would not even start until their 18th birthday. Then you and your personal injury lawyer would have two years to file after they’re eighteen rather than two years after the date of the injury itself.
Another significant difference when filing a personal injury claim for a minor is how settlements are distributed and managed. An adult has the full authority to accept a settlement at any time in their personal injury case without having to continue to appear in court; in a minor’s personal injury case, this is not usually the case.
So, once again, minor personal injury cases, although fully legal in Ohio, must adhere to specific rules and, therefore, must be thoroughly discussed with your Mentor personal injury lawyer before filing and appearing in court.
What is “Consortium” and How Does It Affect My Minor’s Personal Injury Case?
Under Ohio law, “Consortium” refers to a group of two or more people, companies, etc. (such as you and your minor child) who participate in a common activity and combine resources to achieve a mutually advantageous goal.
Under the law, it can also be defined as the time you spend with a loved one under the activity category.
Therefore, in the case of your filing a personal injury case for your child, consortium would also allow you, as the child’s parent, to be entitled to receive compensation in specific instances, such as having a life-changing injury to your child. If your child is hurt severely, your entire life, career, and relationships may be turned upside down.
For example, you may no longer be able to work, must adapt your home to fit your child’s new physical or emotional needs, etc. Therefore, you would also be entitled to total compensation to ensure you have the funds for needed medical care, equipment, home modifications, etc.
Also, it’s vital to note that the statute of limitations for loss of consortium also begins after your child’s 18th birthday.
While there is precedent for receiving compensation for parents with loss of consortium involving a minor, it must be thoroughly proven in the claim.
Consortium can be of great help to you if your child’s life is altered dramatically by their injury. However, it can be a tricky area of the law, and the most reliable way to ensure you take full advantage of consortium is always to enlist the advice, guidance, and negotiation skills of an experienced Mentor personal injury lawyer. Thousands and hundreds of thousands of dollars could be involved, which should not be left up to chance.
What May Occur If I Am Partially Responsible For My Child’s Injury?
A devastating accident, or worse, the death of a child, can tear a family apart. Sadly, many times, severe injuries to a child are due to the negligence of another and sometimes the parents themselves.
As vigilantly as a parent watches their child, they’re always at risk of accidents involving car wrecks, defective toys, poisoning from cleaning products, playground mishaps, and much more. Usually, when your child is seriously hurt or even disabled, and another is to blame, you can sue for damages to cover medical bills, housing modifications, etc. Still, if you are partially at fault, then this becomes a far more challenging legal issue, and the guidance of a well-versed, experienced, and empathetic personal injury lawyer is mandatory.
In almost all states, if you’re the parent and you’ve contributed to the negligence that caused your child’s injury, the blame is almost always put on you and not your child. Also, if you are partially to blame, it may be impossible for you to sue for compensation, or your compensation may be reduced.
So, the best path to take is to thoroughly discuss this legally complex situation with your knowledgeable Mentor, Ohio, personal injury lawyer. You may still obtain needed compensation even if you’re partially to blame.
I May Have to File a Lawsuit on Behalf of My Injured Child; What Should I Do?
If your child has been injured due to another’s negligence, medical bills, follow-up treatment, and care can be extremely costly. As a parent, you want the best for your child. Filing on behalf of your injured child, however, can be legally complex, and you must have the proper, experienced legal guidance if you wish to succeed.
Working with the Piscitelli Law Firm will give you the professional, compassionate, and dedicated legal guidance you need at this horrific time. Call them today at (216) 820-9832 for a free consultation, and be assured that you and your child are in the best of legal hands.
