Can You Sue On Behalf Of Your Injured Teen?

Being the parent of a teen with a newly-minted driver's license can be a proud but terrifying time. And if your worst fears come true and your teen is struck by another driver, you may be wondering about your legal options. Can you file a lawsuit against the other driver on your teen's behalf? How can you proceed in a way that will protect your teen's rights? Read on to learn more about your choices in this situation. 

Who has the right to file a lawsuit when a teen is injured in an auto accident?

If your teen is still a minor, as the custodial parent, you have the ability to file a lawsuit on your teen's behalf against the driver responsible for an accident. This is true even if your teen purchased his or her own vehicle or pays his or her insurance costs. Because your teen is legally unable to enter into a contract on his or her own, you may be required to take the lead on settlement negotiations with the responsible driver and his or her insurance company. 

However, if your teen is represented by legal counsel who can negotiate settlement agreements and engage in other actions as a legal representative, your teen may be able to file this lawsuit under his or her own name. However, you may still need to be a part of this process to help ensure your teen understands the consequences of various decisions -- everything from agreeing on a contingency fee payment to determining whether to call your teen's friends as witnesses.

How should you proceed if your teen has been involved in an accident?

Your first steps should be to gather the documentation you or your teen will need to take to trial. Police accident reports, witness statements, and other potential evidence can go a long way toward proving the other party's financial and legal responsibility for any costs you or your teen have incurred. 

You may also want to engage the services of a car accident lawyer. Although there are steps you can take without seeking legal advice, if your teen's vehicle has suffered substantial damage or your teen has endured any injuries as a result of the accident, an attorney should be able to help your teen receive all the compensation to which he or she is entitled, as well as potential punitive damages if the other driver's actions were deemed criminally reckless. 

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