When a child is seriously injured in a motor vehicle crash, divorced parents may suddenly face medical decisions, insurance issues and the potential to file a personal injury claim at the same time.
Which parent has the authority to pursue compensation for their injured child? The answer to this question depends on applicable state law, the parents’ custody arrangements and the nature of the damages being sought.
Every case is unique
Because minors generally cannot file lawsuits independently, an adult typically must pursue a claim on their behalf. That person may be a parent, legal guardian, court-appointed representative or another individual authorized under state law.
To start, parents should review their custody order or parenting plan to determine whether either parent has specific authority concerning legal or financial decisions for their child. Having more parenting time does not necessarily mean that a parent automatically has exclusive authority to control the evolution of an injury claim.
Different categories of damages may also create separate issues. A claim pursued for the child’s benefit could include compensation for the child’s pain and suffering, disability or future consequences of the injury, depending on state law. Claims involving medical expenses or other financial losses may be treated differently, particularly if one parent is responsible for maintaining insurance or paying healthcare costs.
Settlements involving minors may also require special procedures. Depending on the jurisdiction and amount involved, court approval or a protected arrangement for settlement proceeds may be necessary to safeguard the child’s money until adulthood.
Given the complex nature of personal injury lawsuits filed on behalf of an injured child whose parents are divorced, separated or who never married, seeking legal guidance in the wake of a wreck is generally wise.
