Rick is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.
We've been asked this question multiple times since some people are under the impression that in a court of law, a child's legal rights are superseded by their parents. This is not the case. In Virginia (VA) and North Carolina (NC), and in most states, there is no longer any "inter-family legal immunity" in car accident cases, and in most other situations. This means that if a family member driving a motor vehicle is careless or negligent and winds up injuring their relative who is a young child or teen, the child/teen may bring a claim under the law against their own parent or family member.
We understand that this can create some awkward and tense situations between loved ones, but if a child is seriously hurt in an accident that was caused by the carelessness of another person, they are normally entitled to pursue compensation through a personal injury claim, as most insurance policies are required to allow such claims-despite the family relationship.
Keep in mind, most insurance policies (car or homeowner policies) protect and provide coverage to a parent or family member for a careless or negligent act, whether they are sued by any third party, or by their own family member.
"What is the legal process for a minor to bring a personal injury claim or lawsuit against a parent or relative?" you might ask. To get the answer to this question, and additional information about the injury claim process involving hurt children and teens, download our free consumer report:
About the Editors: Shapiro, Lewis & Appleton is a Virginia (VA) injury law firm whose attorneys focus exclusively on personal injury and accident law. We have a proven track record in the court room, and you can review our case results to see for yourself. We have offices in Virginia Beach and Hampton, but we're ready to come to you anywhere in VA if you've been seriously hurt by the carelessness of another person or company. Virginia injury lawyers Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Shapiro and Lewis have also been selected by the National Million Dollar Advocates Forum since 2009. Rick, Jim and Randy have been named Virginia Super Lawyers for Personal Injury Law (Jim since '06, Rick since '10, and Randy since '12). This is a prestigious recognition that only 5 percent of lawyers receive.
Our attorneys have deep roots in Virginia and handle cases throughout the commonwealth including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton and Suffolk, VA.
While not every injury case meets our criteria, we offer free initial confidential consultations, so call us toll free at (800) 752-0042. If you cannot get through due to the high call volume, please leave a voicemail and we will get back to you shortly.
Car Accident Lawyers & Motorcycle Accident Attorneys
Crashes Caused by Trucks
Medical Malpractice/Doctor Mistakes
Brain Damage/Head Injuries
Railroad Injury/FELA
All Serious Injuries
Dangerous Drugs & Devices/Product Recalls