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Yes. Either parent may sue for the child. However, there are particular requirements for how the lawsuit must be worded, and failure to comply with those requirements can be fatal to the case.
Importantly, the procedure for filing suit to recover for medical bills incurred by the parent or parents can be different from the action for injuries suffered by the child. Typically these two actions are combined in one lawsuit but not always.
Finally, different statutes of limitation can apply to each action—generally two years after the child reaches the age of 18 (the child’s 20th birthday) for the injury claim but only five years after the accident for the parent’s recovery of incurred medical bills if the parent pursues that claim separately. If this sounds confusing, it can be. For this reason, it is highly recommended that anyone pursuing a claim on behalf of an injured child be represented by an experienced attorney. Consult with an attorney early on in the process to avoid potential pitfalls.
Insurance claim adjusters take many factors into consideration when reviewing your auto accident claim. They may call the officer to review any statements made at the scene; examine how soon you sought treatment for injuries, or label some injuries as pre-existing and then want to review your medical records from before the accident. Given the uncertainty of the process, it’s best not to speak with the other insurance company about the injury portion of your claim, rather seek counsel.
Parks Zeigler, PLLC – Attorneys At Law
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