When Can Parents Sue for Their Child's Personal Injury?

Can you recover damages for your child’s personal injuries in Wisconsin?

Sometimes children get hurt. As a parent, you want to protect them, both from themselves and the world around them. Unfortunately, sometimes you can’t. If your child does get injured, you may wonder whether you can sue for damages. While this is not always possible, if someone else’s negligence caused your child’s injuries, you do have a right to recover.

Duty of Care for Your Child

Before someone can be liable for harm to your child, that person has to have had a duty of care. This in turn depends on where and how the injury occurred. If your child is injured because of how he or she is playing, you may not have a legal remedy. On the other hand, people do have a duty to be careful when they drive, to maintain their property in a safe way, and to prevent dangerous pets from running loose. Even if a person is not in a position of authority or direct care over your child, these duties can lead to potential damages.

Negligence

Besides having a duty, before a person can be held liable in a personal injury lawsuit on behalf of your child, you must be able to show both that they failed to fulfill that duty and that their failure caused the injury. For instance, if a child climbs a tree and falls out, that might not be considered a failure to maintain property in a safe manner.

On the other hand, if your child’s injury is directly connected to what someone else did or failed to do, you may have a personal injury case against that person. You will need to collect information about the injury and what happened, as well as seeing a doctor to help assess the extent of your child’s injury.

If you believe your child was injured due to someone else’s negligence, you should consult with an attorney to discuss your case. In Wisconsin, Eisenberg Law Offices can provide experienced legal representation to help you with your child’s personal injury case.