Can I pursue a claim on behalf of my son against my husband?

My Son Was Injured In A Single Vehicle Rollover Accident Yes. Pursuant to 750 ILCS 65/1, you may sue your husband for negligence, including on behalf of your son. If the father’s negligence resulted in an accident and subsequent injuries to a child, the child has the same rights to recover compensation for his injuries as if he was not related to his father. As strange as it may appear on paper (son filing a lawsuit against father) the law does permit such a case to be pursued. Assuming the child is a minor, the case will need to be brought by his mother or other court appointed guardian (“guardian ad litem”) who can act in the child’s best interest, as minors are legally incapable of filing a lawsuit on their own. The money settlement or award won on behalf of your son would go into a trust for him, as well as pay for expenses that arise from the accident, such as medical bills and/or attorney’s fees.

The statute of limitations differs for minors and adults regarding civil actions. Rather than the typical two-year statute of limitations for personal injuries, pursuant to 735 ILCS 5/13-211, a minor has two years after turning 18 to file a civil lawsuit.

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Claims Against Family and Friends

Obviously, there may be some concerns when person close to you causes an accident where you have sustained injuries. For many people, the awkwardness of presenting a claim against a relative or friend is enough to discourage them from doing anything to recover compensation for their loss.

Fortunately, almost all automobile accident cases are covered by liability insurance policies where any payments made related to personal injuries are made by the insurance company--- not from the individual.

Nonetheless, Rosenfeld Injury Lawyers is sensitive to relationships amongst friends and family and always respects the wishes of our clients—whether it means resolving the case quietly with an insurance company or filing a lawsuit in court.

If you were injured in an Illinois car accident where a friend or family member may be at fault, contact our office for a free and confidential discussion of your legal options.

For additional information see the following pages:

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.
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Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong, Google User
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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim, Avvo User
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia, Avvo User
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
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