It's difficult to pursue a personal injury claim against a parent. Consider a case in which you are a passenger in your parents car, and he or she causes an accident and you end up getting injured. It may not be easy to hold your parents legally liable for your injuries.
A lawsuit against a family member may be complicated, but you shouldn't let this deter you from filing a claim as long as his or her insurance will pay for the judgment. Sure, it may be ugly trying to prove that your parent was negligent, but there are good reasons for going ahead with the lawsuit. Here are four examples:
Your Parent May Have to Pay for Your Treatment
Medical bills can be very expensive if you have to pay for them out of your pocket. Yet, this is the situation you are likely to find yourself in if you don't go after your parent's insurance company. Sure, you may use the no-fault insurance money (if your state has such rules), but what if your injuries far exceed them?
Do you want to use your personal savings, exhaust them and run back to your parents for more? In fact, you can easily find yourself in a situation where the parent that caused the accident has to use his or her personal money for your treatment and upkeep. It's much better to sue and let the insurance company foot the bill.
The Other Motorist May Invoke the Empty Chair Defense
If you decide to go after the other motorist only, then you are complicating matters even though you may think you are helping your parent. Not suing your parents may also make it easier for the other motorist to build a case against your parent. For example, the other motorist may launch an empty chair defense by claiming that he or she is the wrong party to sue. After all, it's easy to shift the blame to a person who not there to defend himself or herself.
You May Not Get the Compensation You Deserve
Accident claims aren't just about medical treatment. You also need the compensation to take care of other damages such as lost wages. Ignoring one party (your parent) means that you are limiting your sources of compensation. Therefore, its only makes sense not to sue your parent if you don't need the money.
Talk to your parents first before making a claim against them. Explain to them the need to do so to prevent any unsavory misunderstandings. It's very likely that they may not have a problem with it once they understand why you need to do it.
To get professional help, contact a law firm such as Owen Law Firm.Share