Can I Sue For My Loss if My Child Who Was Hurt In The Accident?
Of course, if a child [an unemancipated minor under 18] is hurt in an accident, they have a claim of their own against the at fault party for damages.
The parent of the child also has a claim against the at-fault party for the loss of that child's "services", as well as for the cost of medical care for the child incurred by the parent.
Unlike a wrongful death claim, the derivative claim of a parent under these circumstances does not include loss of society or companionship. The damage calculation is really more of a strict "economic loss" analysis. One court has noted, ominously, with respect to services "if they can be proven". Hudson v. Hudson, 174 A.2d 339. Seasoned Baltimore personal injury lawyers are aware that at common law, a parent was entitled to any earnings their minor child received. Greenwood v. Greenwood 28 Md. 384. What the reasonable value of "services" provided by a minor to his or her parents is often defined or articulated through the creativity of the advocate.
-This Article was updated by Eric Kirk on 6/10/19.