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.
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 LLC 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:
- Do I need to give a statement to an insurance company following an auto accident where I was injured?
- How long do you have to file a lawsuit for personal injuries related to a car accident arising in Chicago, IL?
- How long does it take to settle an Illinois car accident case involving injuries?
- How much does it cost to hire a lawyer to represent me in a personal injury case arising out of an Illinois auto accident?
- I don't understand why my car insurance needs to pay for injuries I sustained when another person caused the accident
- I was told the driver of the vehicle I was involved in an accident with had full coverage. What does that mean?
- I was unable to work for several months following my car accident; can I recover my lost wages?
- If the car was owned by a company, is the company responsible for paying my personal injuries?
- Is car insurance mandatory for drivers in Illinois?
- My health insurance company said they have subrogation rights related to my auto accident case. What does that mean?
- My surgeon wants to put a lien on my car accident case. What is he doing?
- The driver I was involved in an accident with pleaded guilty in traffic court. What does that mean?
- The driver of the vehicle who caused my Chicago car accident was arrested for DUI. Can a claim be pursued for punitive damages?
- What type of monetary damages does the law provide for in automobile accident cases in IL?
- Why is the car insurance company denying my claim for property damage and medical expenses?