Can I Sue A Child For Personal Injury

It may be difficult to fathom a legal proceeding in which there is a minor involved. The first image that comes to mind in that scenario always involves two adults. However, the possibility that a child may injure an adult is very real. Depending on the child’s age and the type of act they committed to injure you, you may be able to successfully sue them for your personal injury. Yet, The Pendergrass Law – Duluth Personal Injury Law Firm wants you to know that there is a big difference between bringing a personal injury lawsuit against a child and collecting the money judgment. Read on to find out more about lawsuits involving minors and what is required to be successful when filing.

How The Child Acted Makes a Difference

Whether or not you are able to sue a child for your personal injury will depend on the actions of the child. In these cases, it is essential to determine whether the child’s actions were intentional or negligent. The difference between these two concepts is easy to understand:

• A negligent act is the result of carelessness
• An intentional act is committed on purpose

There is a big difference between a child tossing a ball because they are playing or tossing a ball with the intent to break a window and hurting those sitting on the other side.

The distinction between these two concepts is crucial because most states will allow you to sue a child -or their parents or guardian– when the injury is the result of an intentional act, no matter how young the child is. On the other hand, lawsuits over negligent acts may be more difficult to achieve.

Does the age of the child make a difference?

The child’s age is definitely a factor in determining whether it is possible to bring a lawsuit against them directly. However, a lawsuit against the parents is another possibility.

In some states, a very young child, say, under the age of 7, cannot be deemed capable of negligence. Other states have raised the age to 12, but that presumption may be considered rebuttable.

In all cases, the child will generally not be held to the same standards as an adult and will not be judged by whether they behaved in a way an adult would have behaved. The child’s actions will be compared to those of children of the same age under similar circumstances.

Can parents be held liable for the actions of their children?

You can find parental responsibility laws in almost all states. This law holds parents financially responsible for injuries caused by their children, whether their actions were negligent or intentional. However, these laws also include a cap on the amount of compensation that may be sought by an injured party from the child’s parents.

Before embarking upon a legal proceeding, it may be worth your while to talk to a personal injury lawyer to understand whether there is any possibility for you to recover any money from the parents of the child that caused your injuries. After all, children generally do not have any money or assets of their own.