Determining liability, who is a legal party to file a lawsuit, and also the process by which a suit can proceed vary according to the details of an accident situation. Think about a Florida car accident. In many situations, at least one party is mostly responsible for an accident while another could have no fault or just a little bit. Since Florida follows a no-fault system, each party would connect with their own insurance provider to file a claim. When the costs of your damages go well beyond your Personal Injury Protection Insurance, then you can file a suit against the other driver in your car accident.
However, the process can get much more complicated if a child is injured while with their parents. Every state follows parental immunity laws to some extent. Parental immunity is a legal doctrine that does not allow for a child to sue their parents to cover the costs of injuries in an accident. There are exceptions to the parental immunity principle and because of its complexity, you should speak with a qualified Florida personal injury lawyer if you are unsure about whether your case will include parental immunity or not.
What is the Purpose of Parental Immunity in Florida?
Eliminating a child’s ability to file a Florida injury lawsuit against their parents for the damages they sustained in an accident was developed to keep families intact. Children for most cases, do not have the ability under the law to take punitive legal actions against parents for damages they sustained from their parent’s negligence. However, a child does have the capability and the right to sue their parent if they were harmed from the intentional acts of their parents against them. An example of this would be physical abuse and trauma. Many, but not all states, allow foster and adoptive parents to be shielded by parental immunity.
An example of an instance where parental immunity would be waived is if a child sustains injuries due to a parent’s negligence and the parent’s insurance coverage will pay for the cost of treatment. However, should the parent refuse to pay for the medical care, their child would have a case to pursue a suit against their parent. A personal representative of a child who loses their life due to their parent’s negligence may also be another time when a wrongful death claim can be filed against the parent.
Speak with a Florida Personal Injury Attorney Today
Not every Florida personal injury case is straightforward. There are many details to examine when determining a victim’s legal options for obtaining the most amount of compensation possible for their damages. When you need the best personal injury representation in Orlando, the Vaughan Law Group is here to help. Working with the Vaughn Law Group can put your mind at ease that you are getting the highest-quality legal services in Florida. The Florida serious injury attorneys at the Vaughan Law Group have more than 30 years of experience with Central Florida injury cases and have an AV rating from Martindale-Hubbell. Call today at (407) 648-1426 to speak with a Central Florida injury attorney at the Vaughan Law Group during a free consultation.
