If you have recently suffered an injury caused by a minor, a separate set of rules will be applied to your case with the intent of protecting the minor. While you cannot sue a minor in most cases, you can sometimes sue the minor's parents and the minor's parents may have an insurance provider who might be required to cover your injuries.
The Severity of the Injury
You are much less likely to win a case if your injuries are not considered to be serious. In the case described above, the aunt had an injured wrist. This is considered debilitating, but often not enough to win a case.
Suing the Insurance Company
When suing after you have suffered an injury from a minor's negligence, the minor will usually not pay for your injuries. Rather, your attorney will try to find a connection between the child's actions and an insurance policy so that the insurance company can then be forced by law to pay for the damages. For instance, if the injury occurred at the child's residence, the homeowner's policy will most likely cover the costs of the injury.
Suing the Child
If a minor is under fourteen-years-old, most courts agree that the minor is not liable for his or her negligent actions. One exception is if court determines that a reasonable child of the same age would be able to understand the situation and the danger caused by the situation. For example, a young child jumping into an aunt's arms may not expect that this action would cause an injury. But, for example, a 12-year-old would likely be held responsible for punching an adult and causing an injury.
Suing the Parents
Minors often do not have the legal capacity to be sued. Therefore, rather than sue the minor, you would sue the parent. Parents are most likely to be held responsible for the injury when the minor is under direct supervision of the parent. If the parents observed the actions that led to the personal injury and the parents ignored or encouraged these actions, it is more likely you'll have a case against them. For instance, if you repeatedly asked a minor's parents to stop the child from throwing rocks at your home and one of the rocks hits you, the parents may be sued to cover the cost of any medical bills. Some states will hold parents responsible for personal injuries if the child behaves deliberately maliciously.
Contact a local personal injury attorney, such as Boucher Law Firm, for further assistance.
If you are unable to work because of an illness or injury, you may qualify for social security disability payments. This money comes from a fund you have probably contributed to during your time in the work force, and it is likely that you have the right to disability payments using this money. As an attorney specializing in social security disability, I have a great deal of experience in helping clients determine if they qualify for disability payments. I hope that this blog will help people who have been injured understand what it means to qualify for social security disability benefits and how to go about getting that help.