If you were hurt, you might get on the phone with a lawyer and start filing a lawsuit. But when children get hurt, they can’t usually call up a lawyer on their own. Can parents step in and file a lawsuit for them?
Usually, yes, parents can sue on behalf of their injured child. This allows them to get a lawyer to represent their child and bring the claim for them, paying any damages the child or family faces. However, the child can also sue on their own behalf after they become an adult, even if the injury happened back when they were a child, but waiting is not usually recommended. When you sue, there are some complications to be aware of.
For help with an injury case, call Agrapidis & Maroules, P.C.’s NJ personal injury attorneys at (201) 777-1111 today.
Can a Child Sue for Injuries on Their Own Behalf?
When a person gets hurt in an accident, they usually have the right to sue for what happened to them. This right “accrues” on the date of the injury and lasts as long as the statute of limitations allows – typically 2 years. Children, however, have complications.
First, children can’t make a contract with a lawyer to take their case. They also can’t make legal claims on their own behalf and usually need to do so through a guardian. Even if they could, they do not have the legal capacity to agree to a settlement.
That means that the only way a child could sue before turning 18 would be if their parent or guardian sued for them. This is incredibly common, and it is one of the best ways to help your child after a serious injury or accident.
However, the child can also potentially wait until they turn 18, and then sue in their own right. This 2-year statute of limitations is “tolled” or suspended until they turn 18, giving them until they turn 20 to sue for themselves.
The exception is that birth injury malpractice claims must be filed before the child turns 13. The child can file or get a court-appointed guardian to file the case for them if no one has filed it by the time they turn 12.
Suing on Behalf of a Minor Child for Injuries in NJ
If your child was injured while they were under 18, you can sue for them as their parent. The process is essentially the same as suing for yourself, except you file the case for your child. You can call our NJ personal injury lawyers for a free case review to get started.
These cases need to be filed within 2 years under the normal statute of limitations, or before the child turns 13 if the claim is based on their birth injuries.
Suing on Behalf of an Adult Child for Injuries in NJ
Just because your child turns 18 doesn’t stop you from being their parent. Many parents seek to help their children file claims for injuries well into adulthood, but the process is a bit different depending on whether your child is disabled or not.
Disabled Adult Children
If your adult child has a mental disability that keeps them from being able to file a lawsuit and handle the case on their own, then you may be able to file for them. If you are their legal guardian already and have power over their finances and legal decisions, we can probably move forward with a case on their behalf. If you do not, we can look into getting those permissions to help your child file their case.
Non-Disabled Adult Children
If your child is not disabled, then they are able to get their own lawyer. We are more than happy to represent them directly in their injury case.
Unlike many other cases where a parent might pay for their child’s lawyer and want to be updated on the case, injury cases usually work on a contingency fee. This means that we take no payment for the case up front, and we only get paid out of the winnings, and only if we win. That means you do not need to pay for your child’s lawyer, and they can work directly with their lawyer.
Of course, many parents want to be involved in their child’s case in other ways, and they may have good advice and wisdom to give their child about how to proceed. As your child’s lawyer, our confidentiality rules and ethical obligations are with the client directly. We can only keep you in the loop about the case if your child gives us permission to do so.
Can You Get Damages for Injuries to Your Child?
In an injury case, victims usually sue for medical bills, lost wages, and pain and suffering, among other economic damages the injury causes them. With an injured child, it is usually the parent paying for bills and needing reimbursement, making the parent a party to the case in their own right.
You can recover compensation for the medical bills and other expenses you faced because of your child’s injuries. While the damages for things like pain and suffering would be paid for your child’s harms, things like medical bills, time you needed off work to care for your child and attend doctors’ appointments, and other similar damages can be paid for your harms.
NJ law specifically accounts for this and requires these lawsuits to be filed within the same 2-year period as part of the same lawsuit you file on behalf of your child.
Can I Sue for My Child’s Death?
Wrongful death lawsuits can be filed for a death in the family. Most wrongful death lawsuits are filed for a deceased parent or child and focus on lost income and financial support for the family. However, you can still sue for a deceased child.
Families cannot sue for lost companionship and other mental and emotional harms to themselves. Instead, wrongful death lawsuits typically focus on lost support and economic benefits. However, these values are usually small with children, as they do not typically provide economic support to their parents.
However, the victim’s estate can claim damages for lost future earnings, the victim’s pre-death pain and suffering, and other costs that can be distributed to the victim’s heirs. Talk to a lawyer about what damages are available in a lawsuit for a child’s death.
Call Our Personal Injury Lawyers for Parents in NJ
For help filing a case on behalf of your child, call Agrapidis & Maroules, P.C.’s Bayonne, NJ personal injury attorneys at (201) 777-1111 right away.