It may not be conventional, but yes, you can sue your parent, child, or other family member if their negligence injures you!
Several years ago, I represented a sweet, young 7-year-old girl who was severely injured when her mom ran a red light, and their car was hit broad-side. This young girl was ejected from their vehicle, landing in the roadway. She sustained several fractures and unfortunately, a serious traumatic brain injury.
Her mom owed her a duty, just as she owed other drivers on the roads in Metro Detroit, a duty to drive safely and abide by the local and state traffic laws. Her mom violated that duty, and yes, her daughter, was able to sue her mom for pain and suffering.
This was certainly a traumatic event for the entire family. After my investigators quickly confirmed the investigating officer’s conclusion that Mom was at fault, I had a long talk with Mom and Dad. I made a promise to my new client’s mom that I would never ask her how the accident happened. I would never cross-examine her to make her feel like she was at fault. She believed it was the other driver’s fault, and I didn’t want to put extra stress or guilt on her; it was enough stress dealing with a severely injured and impaired young daughter who was in pain. I just told Mom, and Dad as well, to let me go represent their daughter to the best of my ability and get her compensated for the injuries she sustained. She was injured by no fault of her own and was going to need a lifetime of benefits.
And that is what I did. We recovered millions for this young child, and we were by her side for years as she traveled the long road to recovery.
Now it is important to remember the blog I recently wrote about the family step-down provision that many companies such as AAA and Progressive have buried in the small print in their policies. If my young client’s parents’ policy had a step-down provision, she would’ve only been entitled to $20,000.00 for pain and suffering; a mere percent or so of what we recovered for her. The family step-down provision can be devastating to your family. Even though you may not have been injured in an accident, give me a call if you would like to discuss your auto policy and let’s discuss how you may be able to better protect your family.
